41-6a-1716. Prohibition on using a wireless communication device while operating a motor vehicle — Exceptions — Penalties.
| (1) |
As used in this section:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class B misdemeanor | up to 6 months | up to $1,000 | | class C misdemeanor | up to 90 days | up to $750 |
For details, see Utah Code § 76-3-204Terms Used In Utah Code 41-6a-1716- Conviction: A judgement of guilt against a criminal defendant.
- Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
- Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102
- Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
| (a) |
“Wireless communication device” means:
| (ii) |
a portable telephone; |
| (iii) |
a text messaging device; |
| (iv) |
a personal digital assistant; |
| (v) |
a stand-alone computer, including a tablet, laptop, or notebook computer; |
| (vi) |
a global positioning receiver; |
| (vii) |
a device used to display a video, movie, broadcast television image, or visual image; or |
| (viii) |
a substantially similar communication device used to initiate or receive communication, information, or data. |
|
| (b) |
“Wireless communication device” does not include a two-way radio device described in 47 C.F.R. part 90, 95, or 97, or a functional equivalent. |
|
| (2) |
Except as provided in Subsection (3), an individual may not use a wireless communication device while operating a moving motor vehicle on a highway in this state to manually:
| (a) |
| (i) |
write or send a written communication, including:
| (B) |
an instant message; or |
|
| (ii) |
dial a phone number; |
| (iii) |
access the internet; |
| (v) |
take a photograph; or |
| (vi) |
enter data into a wireless communication device; |
|
| (b) |
read a written communication, including:
| (ii) |
an instant message; or |
| (iii) |
electronic mail; or |
|
| (c) |
view a video or photograph. |
|
| (3) |
Subsection (2) does not prohibit an individual from using a wireless communication device while operating a moving motor vehicle:
| (a) |
when using a wireless communication device for voice communication; |
| (b) |
to view a global positioning or navigation device or a global positioning or navigation application; |
| (c) |
during a medical emergency; |
| (d) |
when reporting a safety hazard or requesting assistance relating to a safety hazard; |
| (e) |
when reporting criminal activity or requesting assistance relating to a criminal activity; |
| (f) |
when used by a law enforcement officer or emergency service personnel acting within the course and scope of the law enforcement officer’s or emergency service personnel’s employment; or |
| (g) |
to operate:
| (i) |
hands-free or voice operated technology; or |
| (ii) |
a system that is physically or electronically integrated into the motor vehicle. |
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| (4) |
An individual convicted of a violation of this section is guilty of a:
| (a) |
class C misdemeanor with a maximum fine of $100; or |
| (b) |
class B misdemeanor if the individual:
| (i) |
has also inflicted serious bodily injury upon another as a proximate result of using a wireless communication device in violation of this section while operating a moving motor vehicle on a highway in this state; or |
| (ii) |
has a prior conviction under this section, that is within three years of:
| (A) |
the current conviction under this section; or |
| (B) |
the commission of the offense upon which the current conviction is based. |
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Amended by Chapter 426, 2022 General Session
