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 an infraction. (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, Motor Vehicles, 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.
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