Representative Kera Birkeland proposes the following substitute bill:




Chief Sponsor: Kera Birkeland

Senate Sponsor: Michael K. McKell


8     General Description:
9          This bill amends the restrictions on a newly licensed driver.
10     Highlighted Provisions:
11          This bill:
12          ▸     allows a newly licensed driver who is younger than 18 years old to drive one
13     passenger who is not an immediate family member.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          41-8-3, as last amended by Laws of Utah 2015, Chapter 412

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 41-8-3 is amended to read:
24          41-8-3. Operation of vehicle by persons under 16 and six months -- Passenger
25     limitations -- Exceptions -- Penalties.

26          (1) In addition to the provisions of Title 53, Chapter 3, Uniform Driver License Act, a
27     person, whether resident or nonresident of this state, may not operate a motor vehicle upon any
28     highway of this state with [any] more than one passenger who is not an immediate family
29     member of the driver until the earlier of:
30          (a) six months from the date the person's driver license was issued; or
31          (b) the person reaches 18 years [of age] old.
32          (2) It is an affirmative defense to a charge under Subsection (1) that the person is
33     operating a motor vehicle:
34          (a) accompanied by a licensed driver at least 21 years [of age] old who is occupying a
35     seat next to the driver;
36          (b) on assignment of a farmer or rancher and the driver is engaged in an agricultural
37     operation; or
38          (c) in an emergency.
39          (3) In addition to any penalties imposed under Title 53, Chapter 3, Uniform Driver
40     License Act, a violation of this section is an infraction.
41          (4) (a) Enforcement of this section by state or local law enforcement officers shall be
42     only as a secondary action when an operator of a motor vehicle has been detained for a
43     suspected violation of Title 41, Motor Vehicles, other than this section, or for another offense.
44          (b) A peace officer may not seize or impound a vehicle if:
45          (i) the operator of the vehicle is cited for a violation of this section; and
46          (ii) the seizure or impoundment is not otherwise authorized under Section 41-1a-1101,
47     41-6a-1405, 41-6a-1608, or 73-18-20.1 or required under Section 41-6a-527.
48          Section 2. Effective date.
49          This bill takes effect on May 1, 2024.