March 8, 2010

Since 12 May 2009, it has been illegal to text while driving in Utah. Recent studies have fairly conclusively proven that it is definitely a hazard to do so, and I am not about to dispute the facts.

However, ever since the law was put in place, I’ve wondered what exactly is considered “text messaging”, and what exactly is considered “driving”. So I dug into the Utah State Code and found some very interesting facts.

The law itself is found in the Utah Code, Title 41 (Motor Vehicles), Chapter 6a (Traffic Code), Section 1716 (Prohibition on using a handheld wireless communication device for text messaging communication while operating a moving motor vehicle — Penalties). The full text of the law is as follows:

41-6a-1716. Prohibition on using a handheld wireless communication device for text messaging communication while operating a moving motor vehicle — Penalties.
(1) As used in this section:
(a) (i) “Handheld wireless communication device” means a handheld device used for the transfer of information without the use of electrical conductors or wires.
(ii) “Handheld wireless communication device” includes a:
(A) wireless telephone;
(B) personal digital assistant;
(C) pager; or
(D) text messaging device.
(b) “Text messaging” has the same meaning as defined in Section 76-4-401.
(2) Except as provided in Subsection (3), a person may not use a handheld wireless communication device for text messaging or electronic mail communication while operating a moving motor vehicle on a highway in this state.
(3) Subsection (2) does not prohibit a person from using a handheld wireless communication device while operating a moving motor vehicle:
(a) during a medical emergency;
(b) when reporting a safety hazard or requesting assistance relating to a safety hazard;
(c) when reporting criminal activity or requesting assistance relating to a criminal activity;
(d) when providing roadside or medical assistance; or
(e) 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.
(4) A person convicted of a violation of this section is guilty of a:
(a) class C misdemeanor; or
(b) class B misdemeanor if the person:
(i) has also inflicted serious bodily injury upon another as a proximate result of using a handheld wireless communication device for text messaging or electronic mail communication 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.

First, to define text messaging, we are referred to another portion of the state code, Section 76-4-401, which interestingly enough is the “Inchoate Offenses” (“inchoate offense” = the crime of preparing for or seeking to commit another crime) section of the Criminal Code, under which “text messaging” is defined as follows:

(1) As used in this section:
(b) “Text messaging” means a communication in the form of electronic text or one or more electronic images sent by the actor from a telephone or computer to another person’s telephone or computer by addressing the communication to the person’s telephone number.

This is interesting, because new technology, such Palm’s webOS, allows you to use your phone to IM, text, or email. The law specifically denotes “electronic mail communication” as not allowed, which rules out emailing while driving. SMS (or text) messages are sent by addressing the communication to the person’s telephone number. However, IM messages are addressed using an individual’s account username, and not an email address or phone number! I’m not a lawyer, but it seems to me that while obviously the intent of the law is that one refrains from using a cell phone for electronic communications (other than voice) while driving, the actual wording of the law leaves a fairly significant hole in what is allowed. Palm’s phones are not the only ones that let you IM – apps such as Meebo bring instant messaging to iPhone, Android, or any web-enabled smartphone.

Another question that I have had has been what constitutes “driving”. This one is a bit easier to answer, since the law explicitly says “a moving motor vehicle on a highway”. This implies to me that a vehicle that is not moving (read: stopped at a red light/stop sign) would not fall under the law, and therefore you wouldn’t be breaking the law if you texted/emailed while stopped.

Also, if you are off-roading, then it would also seem that you are free from worry as well, since you are not on a highway in the state. (Although, it’s not hard to make the argument that you would be even dumber to try to text while off-roading than you would be on the road).

Finally, what about devices other than those specifically delineated in section 1-a? While part ii lists phones, PDA’s, pagers, or other text-messaging devices, what about devices such as the upcoming iPad? When tethered, it could easily be used to email, send texts, or IM.  I think this would probably fall under part i’s “handheld device used for the transfer of information without the use of electrical conductors or wires”, and so you’d be fighting a losing battle.

I’m obviously not condoning any form of phone usage while driving, but wanted to clarify just what the country’s most harsh anti-texting law actually says. And, of course, keep in mind that I am no lawyer, and so this definitely does not/should not constitute any kind of legal advice.

Law, Life, Technology

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