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(Utah Code, 2006 Edition - as of 4th Spec. Ses.)

[Utah Code Table of Contents]
[TITLE 41. Table of Contents]

(Title 41. Motor Vehicles )

Chapter 8. Driving by Minors

41-8-1 Operation of vehicle by persons under 16 prohibited - Exceptions for off-highway vehicles and off-highway implements of husbandry.
41-8-2 Operation of vehicle by persons under 17 during night hours prohibited - Exceptions.
41-8-3 Operation of vehicle by persons under 16 and six months - Passenger limitations - Exceptions - Penalties.

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

(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.

(2) This section does not apply to a person operating:

(a) a motor vehicle under a permit issued under Section 53-3-210 , 53-3-210.5 , or 53A-13-208 ;

(b) an off-highway vehicle registered under Section 41-22-3 either:

(i) on a highway designated as open for off-highway vehicle use; or

(ii) in the manner prescribed by Section 41-22-10.3 ; or

(c) an off-highway implement of husbandry in the manner prescribed by Subsections 41-22-5.5 (3) through (5).
    2006

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

(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.

(2) It is an affirmative defense to a charge under Subsection (1) that the person is operating a motor vehicle:

(a) accompanied by a licensed driver at least 21 years of age who is occupying a seat next to the driver;

(b) for the driver's employment, including the trip to and from the driver's residence and the driver's employment;

(c) directly to the driver's residence from a school-sponsored activity if:

(i) transportation to the activity is provided by a school or school district; and

(ii) the transportation under Subsection (2)(c)(i) commences from and returns to the school property where the driver is enrolled;

(d) on assignment of a farmer or rancher and the driver is engaged in an agricultural operation; or

(e) in an emergency.

(3) (a) In addition to any penalties imposed under Title 53, Chapter 3, Uniform Driver License Act, a violation of this section is a class C misdemeanor.

(b) A peace officer may not seize or impound a vehicle if:

(i) the operator of the vehicle is cited for a violation of this section; and

(ii) 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 .
    2006

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

(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:

(a) six months from the date the person's driver license was issued; or

(b) the person reaches 18 years of age.

(2) It is an affirmative defense to a charge under Subsection (1) that the person is operating a motor vehicle:

(a) accompanied by a licensed driver at least 21 years of age who is occupying a seat next to the driver;

(b) on assignment of a farmer or rancher and the driver is engaged in an agricultural operation; or

(c) in an emergency.

(3) In addition to any penalties imposed under Title 53, Chapter 3, Uniform Driver License Act, a violation of this section is a class C misdemeanor.

(4) (a) 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, other than this section, or for another offense.

(b) A peace officer may not seize or impound a vehicle if:

(i) the operator of the vehicle is cited for a violation of this section; and

(ii) 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 .
    2006

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