Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 13 (2019GS)

Sponsor

Rep. Moss, C.

Final action

House/ filed 3/14/2019

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms related to the operation of handheld wireless communication devices;
• prohibits certain uses of a handheld wireless communication device while operating a motor vehicle on a roadway;
• provides limited exceptions to the prohibition on the use of a handheld wireless communication device while operating a motor vehicle on a roadway; and
• makes technical changes.

Every vote on this bill

Bill text

DISTRACTED DRIVER AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carol Spackman Moss
Senate Sponsor: 
 Don L. Ipson
LONG TITLE
Committee Note:
The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
General Description:
This bill amends provisions related to the use of a handheld wireless communication
device while operating a motor vehicle.
Highlighted Provisions:
This bill:
▸ defines terms related to the operation of handheld wireless communication devices;
▸ prohibits certain uses of a handheld wireless communication device while operating
a motor vehicle on a roadway;
▸ provides limited exceptions to the prohibition on the use of a handheld wireless
communication device while operating a motor vehicle on a roadway; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-1716
, as last amended by Laws of Utah 2014, Chapter 416
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-1716
 is amended to read:
41-6a-1716.
Prohibition on using a handheld wireless communication device
while operating a moving motor vehicle -- Exceptions -- Penalties.
(1) As used in this section:
(a) 
(i)
 "Handheld wireless communication device" means a handheld device used for
the transfer of information without the use of electrical conductors or wires.
[
(b)
] 
(ii)
 "Handheld wireless communication device" includes [
a
]: 
[
(i)
] 
(A) a
 wireless telephone;
[
(ii)
] 
(B) a
 text messaging device;
[
(iii)
] 
(C) a
 laptop; or
[
(iv)
] 
(D)
 any substantially similar communication device that is readily removable
from the vehicle and is used to write, send, or read text or data through manual input.
(b) "Hands-free operation" means the use of a handheld wireless communication
device without manual manipulation.
(c) (i) "Manual manipulation" means the use of a hand to hold or operate a handheld
wireless communication device.
(ii) "Manual manipulation" does not include the use of a hand to activate or deactivate
a feature or function of the handheld wireless communication device if:
(A) the manipulation is a single swipe or tap of a finger; and
(B) the handheld wireless communication device is mounted on the vehicle's
windshield, dashboard, or center console in a manner that does not hinder the operator's view
of the road.
(2) Except as provided in Subsection (3), [
a person
] 
an individual
 may not 
hold or
 use
a handheld wireless communication device while operating a moving motor vehicle on a
[
highway
] 
roadway
 in this state [
to manually:
]
.
[
(a) write, send, or read a written communication, including:
]
[
(i) a text message;
]
[
(ii) an instant message; or
]
[
(iii) electronic mail;
]
[
(b) dial a phone number;
]
[
(c) access the Internet;
]
[
(d) view or record video; or
]
[
(e) enter data into a handheld wireless communication device.
]
(3) 
(a)
 Subsection (2) does not prohibit [
a person
] 
an individual
 from
:
(i) hands-free operation of a wireless communication device while operating a motor
vehicle on a roadway; or
(ii)
 using a handheld wireless communication device while operating a [
moving
] motor
vehicle 
on a roadway
:
[
(a) when using a handheld communication device for voice communication;
]
[
(b) to view a global positioning or navigation device or a global positioning or
navigation application;
]
(A) if the motor vehicle is parked on the roadway in a manner allowed under this
chapter;
[
(c)
] 
(B)
 during a medical emergency;
[
(d)
] 
(C)
 when reporting a safety hazard or requesting assistance relating to a safety
hazard;
[
(e)
] 
(D)
 when reporting criminal activity or requesting assistance relating to a criminal
activity; 
or
[
(f)
] 
(E)
 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.
]
(b) Except as allowed under Subsection (3)(a)(ii), an individual may not use a handheld
wireless communication device while operating a motor vehicle on a roadway to:
(i) read a written communication, including:
(A) a text message;
(B) an instant message; or
(C) electronic mail; or
(ii) view or record video.
(4) A person 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 person:
(i) has also inflicted serious bodily injury upon another as a proximate result of using a
handheld 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.