8 LONG TITLE
9 General Description:
10 This bill modifies the Traffic Code by amending provisions relating to the prohibition
11 on using a handheld wireless communication device while operating a moving motor
13 Highlighted Provisions:
14 This bill:
15 ▸ provides definitions;
16 ▸ prohibits a person from using a handheld wireless communication device while
17 operating a moving motor vehicle in a reduced speed school zone unless the person
18 is using hands-free technology; and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
22 Other Special Clauses:
24 Utah Code Sections Affected:
26 41-6a-1716, as last amended by Laws of Utah 2014, Chapter 416
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 41-6a-1716 is amended to read:
30 41-6a-1716. Prohibition on using a handheld wireless communication device
31 while operating a moving motor vehicle -- Exceptions -- Penalties.
32 (1) As used in this section:
33 (a) (i) "Handheld wireless communication device" means a handheld device used for
34 the transfer of information without the use of electrical conductors or wires.
40 from the vehicle and is used to write, send, or read text or data through manual input.
41 (b) "Hands-free technology" means technology that allows the use of a handheld
42 wireless communication device without manual manipulation, including technology that is
43 physically or electronically integrated into the motor vehicle.
44 (2) Except as provided in [
45 handheld wireless communication device while operating a moving motor vehicle on a
46 highway in this state to manually:
47 (a) write, send, or read a written communication, including:
48 (i) a text message;
49 (ii) an instant message; or
50 (iii) electronic mail;
51 (b) dial a phone number;
52 (c) access the Internet;
53 (d) view or record video; or
54 (e) enter data into a handheld wireless communication device.
55 (3) Subsection (2) does not prohibit a person from using a handheld wireless
56 communication device while operating a moving motor vehicle:
57 (a) when using a handheld communication device for voice communication;
58 (b) to view a global positioning or navigation device or a global positioning or
59 navigation application;
60 (c) during a medical emergency;
61 (d) when reporting a safety hazard or requesting assistance relating to a safety hazard;
62 (e) when reporting criminal activity or requesting assistance relating to a criminal
64 (f) when used by a law enforcement officer or emergency service personnel acting
65 within the course and scope of the law enforcement officer's or emergency service personnel's
66 employment; or
67 (g) to operate[
69 (4) Notwithstanding Subsections (2) and (3), a person may not use a handheld wireless
70 communication device while operating a moving motor vehicle in a reduced speed school zone
71 as defined in Section 41-6a-303 unless the person is using hands-free technology.
73 (a) class C misdemeanor with a maximum fine of $100; or
74 (b) class B misdemeanor if the person:
75 (i) has also inflicted serious bodily injury upon another as a proximate result of using a
76 handheld wireless communication device in violation of this section while operating a moving
77 motor vehicle on a highway in this state; or
78 (ii) has a prior conviction under this section, that is within three years of:
79 (A) the current conviction under this section; or
80 (B) the commission of the offense upon which the current conviction is based.
Legislative Review Note
Office of Legislative Research and General Counsel