Utah Code 41-6a-1716. Prohibition on using a wireless communication device while operating a motor vehicle — Exceptions — Penalties
Current as of: 2024 | Check for updates
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(1) As used in this section:
For details, see Utah Code § 76-3-204
Attorney's Note
Under 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 |
| class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 41-6a-1716
- Conviction: A judgement of guilt against a criminal defendant.
- Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
- 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
- Operate: means the same as that term is defined in Section
41-1a-102 . 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
(1)(a) “Wireless communication device” means:
(1)(a)(i) a cellular phone;
(1)(a)(ii) a portable telephone;
(1)(a)(iii) a text messaging device;
(1)(a)(iv) a personal digital assistant;
(1)(a)(v) a stand-alone computer, including a tablet, laptop, or notebook computer;
(1)(a)(vi) a global positioning receiver;
(1)(a)(vii) a device used to display a video, movie, broadcast television image, or visual image; or
(1)(a)(viii) a substantially similar communication device used to initiate or receive communication, information, or data.
(1)(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:
(2)(a)
(2)(a)(i) write or send a written communication, including:
(2)(a)(i)(A) a text message;
(2)(a)(i)(B) an instant message; or
(2)(a)(i)(C) electronic mail;
(2)(a)(ii) dial a phone number;
(2)(a)(iii) access the internet;
(2)(a)(iv) record video;
(2)(a)(v) take a photograph; or
(2)(a)(vi) enter data into a wireless communication device;
(2)(b) read a written communication, including:
(2)(b)(i) a text message;
(2)(b)(ii) an instant message; or
(2)(b)(iii) electronic mail; or
(2)(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:
(3)(a) when using a wireless communication device for voice communication;
(3)(b) to view a global positioning or navigation device or a global positioning or navigation application;
(3)(c) during a medical emergency;
(3)(d) when reporting a safety hazard or requesting assistance relating to a safety hazard;
(3)(e) when reporting criminal activity or requesting assistance relating to a criminal activity;
(3)(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
(3)(g) to operate:
(3)(g)(i) hands-free or voice operated technology; or
(3)(g)(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:
(4)(a) class C misdemeanor with a maximum fine of $100; or
(4)(b) class B misdemeanor if the individual:
(4)(b)(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
(4)(b)(ii) has a prior conviction under this section, that is within three years of:
(4)(b)(ii)(A) the current conviction under this section; or
(4)(b)(ii)(B) the commission of the offense upon which the current conviction is based.