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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to the use of a wireless communication device while
10 operating a motor vehicle.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms related to the use of a wireless communication device;
14 ▸ prohibits certain uses of a wireless communication device while operating a motor
15 vehicle on a roadway;
16 ▸ provides limited exceptions to the prohibition on the use of a wireless
17 communication device while operating a motor vehicle on a roadway;
18 ▸ amends penalties for a violation; and
19 ▸ makes technical changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 41-6a-1716, as last amended by Laws of Utah 2022, Chapter 426
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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 wireless communication device while
31 operating a motor vehicle -- Exceptions -- Penalties.
32 (1) As used in this section:
33 (a) "Hands-free operation" means the use of a wireless communication device without
34 manual manipulation.
35 (b) "Manual manipulation" means the act of manually manipulating.
36 (c) (i) "Manually manipulate" means to use a hand to hold or operate a wireless
37 communication device.
38 (ii) "Manually manipulate" does not mean to use a hand to activate or deactivate a
39 feature or function of a wireless communication device if:
40 (A) the manipulation is a single swipe or tap of a finger; and
41 (B) the wireless communication device is mounted on the vehicle's windshield,
42 dashboard, or center console in a manner that does not hinder the operator's view of the road.
43 (d) "Wireless communication device" means:
44 (i) a cellular phone;
45 (ii) a portable telephone;
46 (iii) a text messaging device;
47 (iv) a personal digital assistant;
48 (v) a stand-alone computer, including a tablet, laptop, or notebook computer;
49 (vi) a global positioning receiver;
50 (vii) a device used to display a video, movie, broadcast television image, or visual
51 image; or
52 (viii) a substantially similar communication device used to initiate or receive
53 communication, information, or data.
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55 described in 47 C.F.R. Part 90, 95, or 97, or a functional equivalent.
56 (2) Except as provided in Subsection (3), an individual may not [
57 manipulate a wireless communication device while operating a moving motor vehicle on a
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73 (3) (a) Subsection (2) does not prohibit an individual from:
74 (i) hands-free operation of a wireless communication device while operating a motor
75 vehicle on a roadway;
76 (ii) using a wireless communication device while operating a [
77 on a roadway:
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81 (A) if the motor vehicle is parked on the roadway in a manner allowed under this
82 chapter;
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85 hazard;
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87 activity; or
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89 within the course and scope of the law enforcement officer's or emergency service personnel's
90 employment[
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94 (b) Except as allowed under Subsection (3)(a)(ii), an individual may not use a wireless
95 communication device while operating a motor vehicle on a roadway to:
96 (i) read a written communication, including:
97 (A) a text message;
98 (B) an instant message; or
99 (C) electronic mail; or
100 (ii) view or record video.
101 (4) An individual convicted of a violation of this section is guilty of [
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103 (a) an infraction; or
104 (b) a class B misdemeanor if the individual[
105 upon another as a proximate result of using a wireless communication device in violation of
106 this section while operating a moving motor vehicle on a highway in this state[
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