41-6a-1716. Prohibition on using a wireless communication device while operating a motor vehicle -- Exceptions -- Penalties.

463 words·~2 min read·/ut/title-41/chapter-6a/41-6a-1716

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/4/2022

(1)As used in this section:

(a)"Wireless communication device" means:

(i)a cellular phone;

(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:

(i)write or send a written communication, including:

(A)a text message;

(B)an instant message; or

(C)electronic mail;

(ii)dial a phone number;

(iii)access the internet;

(iv)record video;

(v)take a photograph; or

(vi)enter data into a wireless communication device;

(b)read a written communication, including:

(i)a text message;

(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.

(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.

Amended by Chapter 426 , 2022 General Session