Section 1716 – Prohibition on using a wireless communication device while operating a motor vehicle — Exceptions — Penalties.

• (1) As used in this section:
  • (a) “Wireless communication device” means:
    • (i) a cellular phone;
    • (ii) a portable telephone;
    • (iii) a text messaging device;
    • (iv) a personal digital assistant;
    • (v) a stand-alone computer, including a tablet, laptop, or notebook computer;
    • (vi) a global positioning receiver;
    • (vii) a device used to display a video, movie, broadcast television image, or visual image; or
    • (viii) a substantially similar communication device used to initiate or receive communication, information, or data.
  • (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:
  • (a)
    • (i) write or send a written communication, including:
      • (A) a text message;
      • (B) an instant message; or
      • (C) electronic mail;
    • (ii) dial a phone number;
    • (iii) access the internet;
    • (iv) record video;
    • (v) take a photograph; or
    • (vi) enter data into a wireless communication device;
  • (b) read a written communication, including:
    • (i) a text message;
    • (ii) an instant message; or
    • (iii) electronic mail; or
  • (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:
  • (a) when using a wireless communication device for voice communication;
  • (b) to view a global positioning or navigation device or a global positioning or navigation application;
  • (c) during a medical emergency;
  • (d) when reporting a safety hazard or requesting assistance relating to a safety hazard;
  • (e) when reporting criminal activity or requesting assistance relating to a criminal activity;
  • (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
  • (g) to operate:
    • (i) hands-free or voice operated technology; or
    • (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:
  • (a) class C misdemeanor with a maximum fine of $100; or
  • (b) class B misdemeanor if the individual:
    • (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
    • (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.

Amended by Chapter 426, 2022 General Session