41-8-2. Operation of vehicle by persons under 17 during night hours prohibited -- Exceptions.

279 words·~1 min read·/ut/title-41/chapter-8/41-8-2

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

Effective 5/12/2015

(1)In addition to the provisions of Title 53, Chapter 3, Uniform Driver License Act , a person younger than 17 years of age, whether resident or nonresident of this state, may not operate a motor vehicle upon any highway of this state between the hours of 12:00 a.m. and 5:00 a.m.

(2)It is an affirmative defense to a charge under Subsection

(1)that the person is operating a motor vehicle:

(a)accompanied by a licensed driver at least 21 years of age who is occupying a seat next to the driver;

(b)for the driver's employment, including the trip to and from the driver's residence and the driver's employment;

(c)directly to the driver's residence from a school-sponsored activity if:

(i)transportation to the activity is provided by a school or school district; and

(ii)the transportation under Subsection (2)(c)(i) commences from and returns to the school property where the driver is enrolled;

(d)on assignment of a farmer or rancher and the driver is engaged in an agricultural operation; or

(e)in an emergency.

(a)In addition to any penalties imposed under Title 53, Chapter 3, Uniform Driver License Act , a violation of this section is an infraction.

(b)A peace officer may not seize or impound a vehicle if:

(i)the operator of the vehicle is cited for a violation of this section; and

(ii)the seizure or impoundment is not otherwise authorized under Section 41-1a-1101 , 41-6a-1405 , 41-6a-1608 , or 73-18-20.1 or required under Section 41-6a-527 .

Amended by Chapter 412 , 2015 General Session