OPERATION OF VEHICLE BY PERSON UNDER 18 YEARS OF AGE


OPERATION OF VEHICLE BY PERSON UNDER 18 YEARS OF AGE. (a)  A person under 18 years of age may not operate a motor vehicle while using a wireless communications device, except in case of emergency.

(a-1)  A person under 18 years of age may not operate a motor vehicle  during the 12-month period following issuance of an original Class A, B, or C driver’s license to the person:

(1)  after midnight and before 5 a.m. unless the operation of the vehicle is necessary for the operator to attend or participate in employment or a school-related activity or because of a medical emergency; or

(2)  with more than one passenger in the vehicle under 21 years of age who is not a family member.

(b)  A person under 17 years of age who holds a restricted motorcycle license or moped license may not operate a motorcycle or moped while using a wireless communications device, except in case of emergency.

(b-1)  A person under 17 years of age who holds a restricted motorcycle license or moped license, during the 12-month period following the issuance of an original motorcycle license or moped license to the person, may not operate a motorcycle or moped  after midnight and before 5 a.m. unless:

(1)  the person is in sight of the person’s parent or guardian; or

(2)  the operation of the vehicle is necessary for the operator to attend or participate in employment or a school-related activity or because of a medical emergency.

(c)  This section does not apply to:

(1)  the holder of a hardship license;

(2)  a person operating a motor vehicle while accompanied in the manner required by Section 521.222(d)(2) for the holder of an instruction permit; or

(3)  a person licensed by the Federal Communications Commission to operate a wireless communication device or a radio frequency device.

(d)  For the purposes of this section, employment includes work on a family farm by a member of the family that owns or operates the farm.

(e)  A peace officer may not stop a vehicle or detain the operator of a vehicle for the sole purpose of determining whether the operator of the vehicle has violated this section.

(f)  In this section, “wireless communication device” means a handheld or hands-free device that uses commercial mobile service, as defined by 47 U.S.C. Section 332.