HF 1822

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to transportation; requiring that mobile telephones used in motor vehicles
be hands-free; providing a defense; proposing coding for new law in Minnesota
Statutes, chapter 169.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [169.472] USE OF MOBILE TELEPHONES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
new text end

new text begin (a) "Mobile telephone" means a cellular, analog, wireless, or digital telephone
capable of sending or receiving telephone messages without an access line for service.
new text end

new text begin (b) "Hands-free device" means an attachment, add-on, or addition to a mobile
telephone, whether or not permanently installed in a motor vehicle, that when used allows
the vehicle operator to maintain both hands on the steering wheel.
new text end

new text begin (c) "Use" means talking or listening on a mobile telephone.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin No person may use a mobile telephone while operating
a motor vehicle that is in motion unless the mobile telephone is equipped and used
with a hands-free device. A peace officer may not issue a citation for a violation of this
subdivision unless the officer lawfully stopped or detained the driver of the motor vehicle
for another moving violation other than a violation involving motor vehicle equipment.
new text end

new text begin Subd. 3. new text end

new text begin Defense. new text end

new text begin It is an affirmative defense against a charge of violating
subdivision 2 for a person to produce evidence that the mobile telephone was used for the
purpose of contacting the following in response to an emergency:
new text end

new text begin (1) a public safety answering point, by dialing 911 or other emergency telephone
number;
new text end

new text begin (2) a hospital, clinic, or doctor's office;
new text end

new text begin (3) an ambulance service provider;
new text end

new text begin (4) a fire department or law enforcement agency; or
new text end

new text begin (5) a first aid squad.
new text end