| (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 |
For details, see Utah Code § 76-3-204Terms Used In Utah Code 41-6a-518.1- Commissioner: means the commissioner of the Department of Public Safety. See Utah Code 41-6a-102
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- motor vehicle: includes :
| (A) | an off-highway vehicle as defined under Section 41-22-2; and |
| (B) | a motorboat as defined in Section 73-18-2. See Utah Code 41-6a-501- Operate: means the same as that term is defined in Section 41-1a-102. 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
- 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) |
“ignition interlock system” has the same meaning as defined in Section 41-6a-518; and |
| (b) |
“interlock restricted driver” has the same meaning as defined in Section 41-6a-518.2. |
| (2) |
| (a) |
A person may not:
| (i) |
circumvent or tamper with the operation of an ignition interlock system; |
| (ii) |
knowingly furnish an interlock restricted driver a motor vehicle without an ignition interlock system unless authorized under Subsection 41-6a-518(7); |
| (iii) |
blow into an ignition interlock system or start a motor vehicle equipped with an ignition interlock system for the purpose of allowing an interlock restricted driver to operate a motor vehicle; or |
| (iv) |
advertise for sale, offer for sale, sell, or lease an ignition interlock system unless the system has been certified by the commissioner as required under Subsection 41-6a-518(8). |
|
| (b) |
An interlock restricted driver may not:
| (i) |
rent, lease, or borrow a motor vehicle without an ignition interlock system; or |
| (ii) |
request another person to blow into an ignition interlock system in order to allow the interlock restricted driver to operate the motor vehicle. |
|
| (c) |
A violation of any provision under this Subsection (2) is a class B misdemeanor. |
|
| (3) |
It is an affirmative defense to a charge of a violation of this section if:
| (a) |
the starting of a motor vehicle, or the request to start a motor vehicle, that is equipped with an ignition interlock system is done for the purpose of safety or mechanical repair of the system or the motor vehicle; and |
| (b) |
the interlock restricted driver does not operate the motor vehicle. |
|
Enacted by Chapter 341, 2006 General Session
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