Current through Register Vol. 46, No. 12, March 20, 2024
(a) For purposes of
this section, the following terms shall mean:
(1) Mobile telephone shall mean the device
used by subscribers and other users of wireless telephone service to access
such service.
(2) Using shall mean
holding a mobile telephone to, or in the immediate proximity of, the user's
ear.
(3) Hand-held mobile telephone
shall mean a mobile telephone with which a user engages in a call using at
least one hand.
(4) Hands-free
mobile telephone shall mean a mobile telephone that has an internal feature or
function, or that is equipped with an attachment or addition, whether or not
permanently part of such mobile telephone, by which a user engages in a call
without the use of either hand, whether or not the use of either hand is
necessary to activate, deactivate or initiate a function of such
telephone.
(5) Engage in a call
shall mean talking into or listening on a hand-held telephone, but shall not
include holding a mobile telephone to activate, deactivate or initiate a
function of such telephone.
(6)
Immediate proximity shall mean that distance as permits the operator of a
mobile telephone to hear telecommunications transmitted over such mobile
telephone, but shall not require physical contact with such operator's
ear.
(7) Wireless telecommunication
device means a mobile telephone, a text-messaging device, a personal digital
assistant, a stand alone computer, or any other substantially similar wireless
device that is readily removable from the vehicle and is used to write, send,
or read text or data through manual input.
(8) Write, send or read a text-based
communication means using a wireless telecommunications device to manually
communicate with any person by using a text-based communication referred to as
a text message, instant message, or electronic mail.
(b) Except as otherwise provided in this
section, no person shall operate a vehicle upon a terminal highway while using
a mobile telephone to engage in a call while such vehicle is in motion. An
operator of a vehicle who holds a mobile telephone to, or in the immediate
proximity of his or her ear, while such vehicle is in motion is presumed to be
engaging in a call within the meaning of this section. The presumption
established by this subdivision is rebuttable by evidence tending to show that
the operator was not engaged in a call. Except as otherwise provided in this
section, no person shall operate any vehicle upon any terminal highway while
using a wireless telecommunications device to write, send or read a text-based
communication.
(c) Subdivision (b)
of this section shall not apply to:
(1) the
use of a mobile telephone or wireless telecommunications device for the sole
purpose of communicating with any of the following regarding an emergency
situation: an emergency response operator; a hospital, physician's office or
health clinic; an ambulance company or corps; a fire department, district or
company; or a police department;
(2) any of the following persons while in the
performance of their official duties: a police officer or peace officer; a
member of a fire department, district or company; or the operator of an
authorized emergency vehicle; or
(3) the use of a hands-free mobile
telephone.