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House approves ban on cellphone use by drivers 18 and younger after heated debate

Utah House of Representatives · March 4, 2010
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Summary

The Utah House passed Senate Bill 113 on March 4, 2010, making cellphone use by drivers 18 and younger a secondary offense with limited exceptions. Lawmakers split over juvenile penalties, enforceability and whether hands-free devices should be exempt; final vote was 38–31.

The Utah House on March 4, 2010, passed Senate Bill 113, a measure that prohibits the use of wireless telephones by drivers 18 years old and younger, sending the amended bill back to the Senate. The measure passed the House 38–31.

Sponsor Representative Reason framed the bill as a safety measure and cited academic research: “in the case of teenagers driving and talking on a cell phone, they are 6 and a half times more likely to be involved in a crash over adults,” he told colleagues during floor debate. He said the bill is intended to give parents a legal tool to keep inexperienced drivers focused on the road.

Supporters said the restriction targets a high-risk behavior for young drivers. Representative Watkins said the bill will help keep teens safer and urged colleagues to support it. Representative Moss and others cited brain-development research and the difficulty adolescents have multitasking behind the wheel.

Opponents raised concerns about criminal records and enforceability. Representative Ferri moved to delete an enhanced penalty that would have made certain violations a Class C misdemeanor for juveniles, arguing “this is not something I want to have on my child’s record or anybody else’s record.” The House adopted that amendment, with proponents noting juvenile records are typically sealed but opponents warning they can surface in background checks.

Lawmakers also debated whether the ban should apply only to handheld calls. Representative Wilcox proposed inserting the phrase “without a hands-free device” after “telephone”; the sponsor and others opposed that change, citing research saying hands-free use is not meaningfully safer. That amendment failed after a division vote.

Lawmakers quizzed the sponsor and each other about enforceability. Representative Brown pressed how officers could distinguish exempt calls (medical emergency, reporting a hazard or criminal activity, or talking to a parent or guardian) from ordinary conversation during traffic stops; the sponsor said enforcement remains secondary and an officer must observe another moving violation to issue the cellphone infraction.

The House concluded with the amended measure passing 38 yes, 31 no. The bill will return to the Senate for further consideration.

The House’s action followed lengthy floor debate and multiple amendments; lawmakers said the next step is Senate consideration and any subsequent conference over language if needed.