Saturday, September 20, 2014

Can you get a ticket for texting while stopped at a stoplight? - Policeman gives answer.




CONFUSED about the newly enforced "texting and driving" laws?


Your not alone!  A policeman admitted to me that the inconsistent enforcement of the law has caused much of the confusion statewide.

So lets put THE CONFUSION to rest:


The Law:

Utah Traffic Code 41-6a-1716: 


Except as provided in Subsection (3), a person may not use a handheld wireless   communication device while operating a moving motor vehicle on a highway in this state to manually:
            (a) write, send, or read a written communication, including:
            (i) a text message;
            (ii) an instant message; or
            (iii) electronic mail;
            (b) dial a phone number;
            (c) access the Internet;
            (d) view or record video; or
            (e) enter data into a handheld wireless communication device.
     
      Means:  You can do very little on your cell phone while driving. Most notably, you cannot even dial a number into your phone while driving. 
     --- When I asked the patrolman to expound on this, he said "Utah is what is called a no-manipulation state." He is right about that, but he was wrong about what that means. 
         He claimed that a no-manipulation law prohibits the driver from even swiping your phone to unlock it. **Nice try, but actually not true. The law prohibits inputing data into your phone. Unlocking your phone is not considered inputting information. 
        (Even police officers are confused about the texting and driving laws!)

WHAT CAN YOU DO ON YOUR PHONE??

The Law:
[The law] does not prohibit a person from using a [cell phone] while operating a moving motor vehicle:
            (a) for voice communication;
            (b) to view navigation (Maps);
            (c) during a medical emergency; 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.

    Means: 

  • If you are talking to your friend on your phone while driving, you don't have to throw your phone down and hide when you pass a policeman. 



  • Yes, go on and chat away. It is legal! 
  • You can also access your navigation system on your phone.


  • Most notably, you are allowed to operate a system that is integrated into your car. My interpretation of this means you can operate your music that is integrated into your car. (we have yet to see a case that decides that issue.)
  • Lastly, your vehicle has to be moving to prohibit operation of the cell phone. So  YES you can legally text, email, etc. when stopped at a stoplight!!
    
The Wrap Up:
    To you, this means you can talk on the phone, (answer calls and send calls as long as you do not dial the number), you can access Maps, and likely access your integrated music. 

    You CANNOT text, dial, e-mail, record videos, Facebook, or access the internet (UNLESS YOU ARE STOPPED, NOT MOVING).

Remember, the best option is to not access your phone at all while your driving. (I want to emphasize this for my friend Reggie Shaw). Drive safe Utah. 


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