Utah § 41-6a-1717 Smoking in a vehicle prohibited when child is present -- Penalty -- Enforcement.

Utah Statutes

§ 41-6a-1717 — Smoking in a vehicle prohibited when child is present -- Penalty -- Enforcement.

Utah § 41-6a-1717

Title 41Motor Vehicles

Ch. 41-6aTraffic Code

Part 41-6a-17Miscellaneous Rules

This text of Utah § 41-6a-1717 (Smoking in a vehicle prohibited when child is present -- Penalty -- Enforcement.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 41-6a-1717 (2026).

Text

(1)As used in this section, "smoking" has the same meaning as defined in Section 26B-7-501.

(2)(2)(a) Except as provided in Subsection (2)(b), smoking is prohibited in a motor vehicle if a child who is 15 years old or younger is a passenger in the vehicle.

(2)(b) A person may smoke in a motor vehicle while a child who is 15 years old or younger is a passenger in the vehicle if the person:

(2)(b)(i) is operating a convertible or open-body type motor vehicle; and

(2)(b)(ii) the roof on the convertible or open-body type motor vehicle is in the open-air mode.

(3)A person who violates this section is guilty of an infraction and is subject to a maximum fine of $45.

(4)Until July 1, 2014, a peace officer may not issue a citation to an individual for a violation of this section but shall issue

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(1) As used in this section, "smoking" has the same meaning as defined in Section 26B-7-501.
(2) (2)(a) Except as provided in Subsection (2)(b), smoking is prohibited in a motor vehicle if a child who is 15 years old or younger is a passenger in the vehicle.
(2)(b) A person may smoke in a motor vehicle while a child who is 15 years old or younger is a passenger in the vehicle if the person:
(2)(b)(i) is operating a convertible or open-body type motor vehicle; and
(2)(b)(ii) the roof on the convertible or open-body type motor vehicle is in the open-air mode.
(3) A person who violates this section is guilty of an infraction and is subject to a maximum fine of $45.
(4) Until July 1, 2014, a peace officer may not issue a citation to an individual for a violation of this section but shall issue the individual a warning informing the individual that smoking is prohibited in a motor vehicle if a child who is 15 years old or younger is a passenger in the vehicle.
(5) The court may suspend the fine for a violation of this section if:

(5)(a) the person has not previously been convicted of a violation of this section; and
(5)(b) the person proves to the court that the person has enrolled in a smoking cessation program.
(6) Enforcement of this section by a state or local law enforcement officer shall be only as a secondary action when the vehicle has been detained for a suspected violation by any person in the vehicle of Title 41, Motor Vehicles, other than this section, or for another offense.
(7) A violation of this section may not be used as a basis for or evidence of child abuse or neglect.