41-8-3. Operation of vehicle by persons under 16 and six months -- Passenger limitations -- Exceptions -- Penalties.
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Effective 5/12/2015
41-8-3. Operation of vehicle by persons under 16 and six months -- Passenger limitations -- Exceptions -- Penalties.
(1)In addition to the provisions of Title 53, Chapter 3, Uniform Driver License Act , a person, whether resident or nonresident of this state, may not operate a motor vehicle upon any highway of this state with any passenger who is not an immediate family member of the driver until the earlier of:
(a)six months from the date the person's driver license was issued; or
(b)the person reaches 18 years of age.
(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)on assignment of a farmer or rancher and the driver is engaged in an agricultural operation; or
(c)in an emergency.
(3)In addition to any penalties imposed under Title 53, Chapter 3, Uniform Driver License Act , a violation of this section is an infraction.
(a)Enforcement of this section by state or local law enforcement officers shall be only as a secondary action when an operator of a motor vehicle has been detained for a suspected violation of Title 41, Motor Vehicles , other than this section, or for another offense.
(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