§ 41-6a-1716 — Prohibition on using a wireless communication device while operating a motor vehicle -- Exceptions -- Penalties.

(1) As used in this section:

(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.

Legislative History

Amended by Chapter 426, 2022 General Session