Utah § 6a-1717 - Smoking in a vehicle prohibited when child is present -- Penalty -- Enforcement.
Full text of Utah Utah Code § 6a-1717 — Smoking in a vehicle prohibited when child is present -- Penalty -- Enforcement., with citation guidance and answers to common questions.
§ 6a-1717. Smoking in a vehicle prohibited when child is present -- Penalty -- Enforcement.
Effective 5/3/2023 41-6a-1717.
Smoking in a vehicle prohibited when child is present -- Penalty -- Enforcement.
(1)
As used in this section, "smoking" has the same meaning as defined in Section 26B-7-501.
(2)
(a)
Except as provided in Subsection (2)(b), smoking is prohibited in a motor vehicle if a child who is 15 years old or younger is a passenger in the vehicle.
(b)
A person may smoke in a motor vehicle while a child who is 15 years old or younger is a passenger in the vehicle if the person:
(i)
is operating a convertible or open-body type motor vehicle; and
(ii)
the roof on the convertible or open-body type motor vehicle is in the open-air mode.
(3)
A person who violates this section is guilty of an infraction and is subject to a maximum fine of $45.
(4)
Until July 1, 2014, a peace officer may not issue a citation to an individual for a violation of this section but shall issue the individual a warning informing the individual that smoking is prohibited in a motor vehicle if a child who is 15 years old or younger is a passenger in the vehicle.
(5)
The court may suspend the fine for a violation of this section if:
(a)
the person has not previously been convicted of a violation of this section; and
(b)
the person proves to the court that the person has enrolled in a smoking cessation program.
(6)
Enforcement of this section by a state or local law enforcement officer shall be only as a secondary action when the vehicle has been detained for a suspected violation by any person in the vehicle of Title 41, Motor Vehicles, other than this section, or for another offense.
(7)
A violation of this section may not be used as a basis for or evidence of child abuse or neglect.
Section 6a-1717 ("Smoking in a vehicle prohibited when child is present -- Penalty -- Enforcement.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 6a-1717?
A common citation format is "Utah Code § 6a-1717" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 6a-1717 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
