41-8-2. Operation of vehicle by persons under 17 during night hours prohibited -- Exceptions.
(1) In addition to the provisions of, a person younger than 17 years of age, whether resident or nonresident of this state, may not operate a motor vehicle upon any highway of this state between the hours of 12:00 a.m. and 5:00 a.m. Title 53, Chapter 3, Uniform Driver License Act
(2) It is an affirmative defense to a charge under Subsectionthat the person is operating a motor vehicle: (1) accompanied by a licensed driver at least 21 years of age who is occupying a seat next to the driver; for the driver's employment, including the trip to and from the driver's residence and the driver's employment; directly to the driver's residence from a school-sponsored activity if: transportation to the activity is provided by a school or school district; and the transportation under Subsectioncommences from and returns to the school property where the driver is enrolled; (2)(c)(i) on assignment of a farmer or rancher and the driver is engaged in an agricultural operation; or in an emergency.
(3) In addition to any penalties imposed under, a violation of this section is an infraction. Title 53, Chapter 3, Uniform Driver License Act A peace officer may not seize or impound a vehicle if: the operator of the vehicle is cited for a violation of this section; and the seizure or impoundment is not otherwise authorized under Section,,, oror required under Section. 41-1a-1101 41-6a-1405 41-6a-1608 73-18-20.1 41-6a-527