LEGISLATIVE GENERAL COUNSEL H.B. 336
6 Approved for Filing: K.P. Gasser 6
6 01-30-23 1:14 PM 6
1 DISTRACTED DRIVING AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Carol S. Moss
5 Senate Sponsor: Don L. Ipson
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to the use of a wireless communication device while
10 operating a motor vehicle.
11 Highlighted Provisions:
12 This bill:
13 < defines terms related to the use of a wireless communication device;
14 < prohibits certain uses of a wireless communication device while operating a motor
15 vehicle on a roadway;
16 < provides limited exceptions to the prohibition on the use of a wireless
17 communication device while operating a motor vehicle on a roadway;
18 < amends penalties for a violation; and
19 < makes technical changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
H.B. 336
26 41-6a-1716, as last amended by Laws of Utah 2022, Chapter 426
27
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 41-6a-1716 is amended to read:
30 41-6a-1716. Prohibition on using a wireless communication device while
31 operating a motor vehicle -- Exceptions -- Penalties.
32 (1) As used in this section:
33 (a) "Hands-free operation" means the use of a wireless communication device without
34 manual manipulation.
35 (b) "Manual manipulation" means the act of manually manipulating.
36 (c) (i) "Manually manipulate" means to use a hand to hold or operate a wireless
37 communication device.
38 (ii) "Manually manipulate" does not mean to use a hand to activate or deactivate a
39 feature or function of a wireless communication device if:
40 (A) the manipulation is a single swipe or tap of a finger; and
41 (B) the wireless communication device is mounted on the vehicle's windshield,
42 dashboard, or center console in a manner that does not hinder the operator's view of the road.
43 (d) "Wireless communication device" means:
44 (i) a cellular phone;
45 (ii) a portable telephone;
46 (iii) a text messaging device;
47 (iv) a personal digital assistant;
48 (v) a stand-alone computer, including a tablet, laptop, or notebook computer;
49 (vi) a global positioning receiver;
50 (vii) a device used to display a video, movie, broadcast television image, or visual
51 image; or
52 (viii) a substantially similar communication device used to initiate or receive
53 communication, information, or data.
54 [(b)] (e) "Wireless communication device" does not include a two-way radio device
55 described in 47 C.F.R. Part 90, 95, or 97, or a functional equivalent.
56 (2) Except as provided in Subsection (3), an individual may not [use] manually
57 manipulate a wireless communication device while operating a moving motor vehicle on a
58 [highway] roadway in this state [to manually:].
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59 [(a) (i) write or send a written communication, including:]
60 [(A) a text message;]
61 [(B) an instant message; or]
62 [(C) electronic mail;]
63 [(ii) dial a phone number;]
64 [(iii) access the internet;]
65 [(iv) record video;]
66 [(v) take a photograph; or]
67 [(vi) enter data into a wireless communication device;]
68 [(b) read a written communication, including:]
69 [(i) a text message;]
70 [(ii) an instant message; or]
71 [(iii) electronic mail; or]
72 [(c) view a video or photograph.]
73 (3) (a) Subsection (2) does not prohibit an individual from:
74 (i) hands-free operation of a wireless communication device while operating a motor
75 vehicle on a roadway;
76 (ii) using a wireless communication device while operating a [moving] motor vehicle
77 on a roadway:
78 [(a) when using a wireless communication device for voice communication;]
79 [(b) to view a global positioning or navigation device or a global positioning or
80 navigation application;]
81 (A) if the motor vehicle is parked on the roadway in a manner allowed under this
82 chapter;
83 [(c)] (B) during a medical emergency;
84 [(d)] (C) when reporting a safety hazard or requesting assistance relating to a safety
85 hazard;
86 [(e)] (D) when reporting criminal activity or requesting assistance relating to a criminal
87 activity; or
88 [(f)] (E) when used by a law enforcement officer or emergency service personnel acting
89 within the course and scope of the law enforcement officer's or emergency service personnel's
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90 employment[; or].
91 [(g) to operate:]
92 [(i) hands-free or voice operated technology; or]
93 [(ii) a system that is physically or electronically integrated into the motor vehicle.]
94 (b) Except as allowed under Subsection (3)(a)(ii), an individual may not use a wireless
95 communication device while operating a motor vehicle on a roadway to:
96 (i) read a written communication, including:
97 (A) a text message;
98 (B) an instant message; or
99 (C) electronic mail; or
100 (ii) view or record video.
101 (4) An individual convicted of a violation of this section is guilty of [a]:
102 [(a) class C misdemeanor with a maximum fine of $100; or]
103 (a) an infraction; or
104 (b) a class B misdemeanor if the individual[:(i)] has also inflicted serious bodily injury
105 upon another as a proximate result of using a wireless communication device in violation of
106 this section while operating a moving motor vehicle on a highway in this state[; or].
107 [(ii) has a prior conviction under this section, that is within three years of:]
108 [(A) the current conviction under this section; or]
109 [(B) the commission of the offense upon which the current conviction is based.]
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Statutes affected: Introduced: