41-8 - Driving by Minors

Title 41 > 41-8

Sections (4)

41-8-1 - Operation of vehicle by persons under 16 prohibited — Exceptions for off-highway vehicles and off-highway implements of husbandry.

41-8-1(1) A person under 16 years of age, whether resident or nonresident of this state, may not operate a motor vehicle upon any highway of this state. 41-8-1(2) This section does not apply to a person operating:

a motor vehicle under a permit issued under Section 53-3-210.5; an off-highway vehicle registered under Section 41-22-3 either: on a highway designated as open for off-highway vehicle use; or in the manner prescribed by Subsections 41-22-10.3(1) through (3); or an off-highway implement of husbandry in the manner prescribed by Subsections 41-22-5.5(3) through (5). 41-8-1(3) A violation of this section is an infraction.

41-8-2 - Operation of vehicle by persons under 17 during night hours prohibited — Exceptions.

41-8-2(1) In addition to the provisions of Title 53, Chapter 3, Uniform Driver License Act, a person younger than 17 years of age, whether resident or nonresident of this state, may not operate a motor vehicle upon any highway of this state between the hours of 12:00 a.m. and 5:00 a.m. 41-8-2(2) It is an affirmative defense to a charge under Subsection (1) that the person is operating a motor vehicle:

accompanied by a licensed driver at least 21 years of age who is occupying a seat next to the driver; for the driver’s employment, including the trip to and from the driver’s residence and the driver’s employment; directly to the driver’s residence from a school-sponsored activity if: transportation to the activity is provided by a school or school district; and the transportation under Subsection (2)(c)(i) commences from and returns to the school property where the driver is enrolled; on assignment of a farmer or rancher and the driver is engaged in an agricultural operation; or in an emergency. 41-8-2(3) In addition to any penalties imposed under Title 53, Chapter 3, Uniform Driver License Act, a violation of this section is an infraction. A peace officer may not seize or impound a vehicle if: the operator of the vehicle is cited for a violation of this section; and the seizure or impoundment is not otherwise authorized under Section 41-1a-1101, 41-6a-1405, 41-6a-1608, or 73-18-20.1 or required under Section 41-6a-527.

41-8-3 - Operation of vehicle by persons under 16 and six months — Passenger limitations — Exceptions — Penalties.

41-8-3(1) In addition to the provisions of Title 53, Chapter 3, Uniform Driver License Act, a person, whether resident or nonresident of this state, may not operate a motor vehicle upon any highway of this state with any passenger who is not an immediate family member of the driver until the earlier of:

six months from the date the person’s driver license was issued; or the person reaches 18 years of age. 41-8-3(2) It is an affirmative defense to a charge under Subsection (1) that the person is operating a motor vehicle:

accompanied by a licensed driver at least 21 years of age who is occupying a seat next to the driver; on assignment of a farmer or rancher and the driver is engaged in an agricultural operation; or in an emergency. 41-8-3(3) In addition to any penalties imposed under Title 53, Chapter 3, Uniform Driver License Act, a violation of this section is an infraction. 41-8-3(4) Enforcement of this section by state or local law enforcement officers shall be only as a secondary action when an operator of a motor vehicle has been detained for a suspected violation of Title 41, Motor Vehicles, other than this section, or for another offense. A peace officer may not seize or impound a vehicle if: the operator of the vehicle is cited for a violation of this section; and the seizure or impoundment is not otherwise authorized under Section 41-1a-1101, 41-6a-1405, 41-6a-1608, or 73-18-20.1 or required under Section 41-6a-527.

41-8-4 - Operation of a vehicle by a person under 18 — Use of wireless telephones prohibited — Exceptions — Penalty.

41-8-4(1) Except as provided in Subsection (2), a person younger than 18 years of age, whether a resident or nonresident of this state, may not use a wireless telephone to communicate with another person while operating a motor vehicle upon a highway of this state. 41-8-4(2) It is an affirmative defense to a violation of this section that a person younger than 18 years of age was using a wireless telephone while operating a motor vehicle:

during a medical emergency; when reporting a safety hazard or requesting assistance relating to a safety hazard; when reporting a criminal activity or requesting assistance relating to a criminal activity; or when communicating with a parent or legal guardian. 41-8-4(3) A person who violates this section is guilty of an infraction and shall be fined a maximum of $25. 41-8-4(4) A violation of this section is not a reportable violation. The Driver License Division may not assess points under Section 53-3-221 against the driving record of the person who violates this section.