Section 41-6a-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: (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: (B) an instant message; or(ii) dial a phone number;(iii) access the internet;(v) take a photograph; or(vi) enter data into a wireless communication device;(b) read a written communication, including:(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 ,§ 1, eff. 5/4/2022.Amended by Chapter 232, 2021 General Session ,§ 1, eff. 5/5/2021.Amended by Chapter 416, 2014 General Session ,§ 2, eff. 5/13/2014.Amended by Chapter 193, 2012 General Session ,§ 1, eff. 5/8/2012.Enacted by Chapter 291, 2009 General Session