{"data":{"id":"us-ut/utah-code-41-6a-1717","jurisdiction":"us-ut","citation":"Utah Code § 41-6a-1717","heading":"Smoking in a vehicle prohibited when child is present -- Penalty -- Enforcement.","body":"(1) As used in this section, \"smoking\" has the same meaning as defined in Section 26B-7-501.\n(2)\n(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.\n(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:\n(i) is operating a convertible or open-body type motor vehicle; and\n(ii) the roof on the convertible or open-body type motor vehicle is in the open-air mode.\n(3) A person who violates this section is guilty of an infraction and is subject to a maximum fine of $45.\n(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.\n(5) The court may suspend the fine for a violation of this section if:\n(a) the person has not previously been convicted of a violation of this section; and\n(b) the person proves to the court that the person has enrolled in a smoking cessation program.\n(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.\n(7) A violation of this section may not be used as a basis for or evidence of child abuse or neglect.","path":["Title 41 Motor Vehicles","Chapter 41-6a Traffic Code","Part 41-6a-17 Miscellaneous Rules"],"source_url":"https://le.utah.gov/xcode/Title41/Chapter6a/41-6a-S1717.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"833b2547102ed7e83d97aafa4e43be4867ccb55c2f6863bfdb810d58a5949ae1","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-41-6a-1716","next":"us-ut/utah-code-41-6a-1718"},"notice":"GroundRules: Original legal text. Not legal advice."}