HF 41

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

A bill for an act
relating to traffic regulations; prohibiting use of mobile telephones while
operating motor vehicle; 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, "mobile telephone"
means a cellular, analog, wireless, or digital telephone capable of sending or receiving
telephone messages without an access line for service, whether or not the telephone may
be operated hands-free.
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. 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 that the mobile telephone was used in response to an emergency and for
the purpose of contacting:
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