41-6a-1717. Smoking in a vehicle prohibited when child is present — Penalty — Enforcement.
| (1) |
As used in this section, “smoking” has the same meaning as defined in Section 26B-7-501. |
Terms Used In Utah Code 41-6a-1717
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
- Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. 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
| (2) |
| (a) |
Except as provided in Subsection (2)(b), smoking is prohibited in a motor vehicle if a child who is 15 years old or younger is a passenger in the vehicle. |
| (b) |
A person may smoke in a motor vehicle while a child who is 15 years old or younger is a passenger in the vehicle if the person:
| (i) |
is operating a convertible or open-body type motor vehicle; and |
| (ii) |
the roof on the convertible or open-body type motor vehicle is in the open-air mode. |
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| (3) |
A person who violates this section is guilty of an infraction and is subject to a maximum fine of $45. |
| (4) |
Until July 1, 2014, a peace officer may not issue a citation to an individual for a violation of this section but shall issue the individual a warning informing the individual that smoking is prohibited in a motor vehicle if a child who is 15 years old or younger is a passenger in the vehicle. |
| (5) |
The court may suspend the fine for a violation of this section if:
| (a) |
the person has not previously been convicted of a violation of this section; and |
| (b) |
the person proves to the court that the person has enrolled in a smoking cessation program. |
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| (6) |
Enforcement of this section by a state or local law enforcement officer shall be only as a secondary action when the vehicle has been detained for a suspected violation by any person in the vehicle of Title 41, Motor Vehicles, other than this section, or for another offense. |
| (7) |
A violation of this section may not be used as a basis for or evidence of child abuse or neglect. |
Amended by Chapter 328, 2023 General Session
