HF 1339

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:48am

A bill for an act
relating to traffic regulations; modifying provisions governing operation of
wireless communications device while operating motor vehicle; amending
Minnesota Statutes 2008, sections 169.475; 171.05, subdivision 2b; 171.055,
subdivision 2; repealing Minnesota Statutes 2008, section 169.443, subdivision 9.

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

Section 1.

Minnesota Statutes 2008, section 169.475, is amended to read:

169.475 USE OF WIRELESS COMMUNICATIONS DEVICE.

deleted text begin Subdivision 1. deleted text end

deleted text begin Definition. deleted text end

deleted text begin For purposes of this section, "electronic message"
means a self-contained piece of digital communication that is designed or intended to
be transmitted between physical devices. An electronic message includes, but is not
limited to, e-mail, a text message, an instant message, a command or request to access
a World Wide Web page, or other data that uses a commonly recognized electronic
communications protocol. An electronic message does not include voice or other data
transmitted as a result of making a phone call, or data transmitted automatically by a
wireless communications device without direct initiation by a person.
deleted text end

Subd. 2.

Prohibition on use.

No person may operate a motor vehicle while using a
wireless communications device deleted text begin to compose, read, or send an electronic message, deleted text end when
the vehicle is in motion or a part of traffic.

Subd. 3.

Exceptions.

This section does not apply if a wireless communications
device is used:

(1) solely in a voice-activated or other hands-free mode new text begin by a person who is not a
school bus driver operating a school bus, an instruction permit holder, or a provisional
license holder new text end ;

(2) deleted text begin for making a cellular phone call deleted text end new text begin by the operator of an authorized emergency
vehicle in the performance of official duties new text end ;

(3) deleted text begin for obtaining emergency assistance to (i) report a traffic accident, medical
emergency, or serious traffic hazard, or (ii) prevent a crime about to be committed deleted text end new text begin to
report an illegal activity new text end ;

(4) deleted text begin in the reasonable belief that a person's life or safety is in immediate danger deleted text end new text begin to
summon medical emergency assistance new text end ; or

(5) deleted text begin in an authorized emergency vehicle while in the performance of official duties deleted text end new text begin to
attempt to prevent injury to a person or property new text end .

Sec. 2.

Minnesota Statutes 2008, section 171.05, subdivision 2b, is amended to read:

Subd. 2b.

Instruction permit use by person under age 18.

(a) This subdivision
applies to persons who have applied for and received an instruction permit under
subdivision 2.

(b) The permit holder may, with the permit in possession, operate a motor vehicle,
but must be accompanied by and be under the supervision of a certified driver education
instructor, the permit holder's parent or guardian, or another licensed driver age 21 or
older. The supervisor must occupy the seat beside the permit holder.

(c) The permit holder may operate a motor vehicle only when every occupant under
the age of 18 has a seat belt or child passenger restraint system properly fastened. A
person who violates this paragraph is subject to a fine of $25. A peace officer may
not issue a citation for a violation of this paragraph unless the officer lawfully stopped
or detained the driver of the motor vehicle for a moving violation as defined in section
171.04, subdivision 1. The commissioner shall not record a violation of this paragraph on
a person's driving record.

(d) deleted text begin The permit holder may not operate a vehicle while communicating over, or
otherwise operating, a cellular or wireless telephone, whether handheld or hands free,
when the vehicle is in motion. The permit holder may assert as an affirmative defense that
the violation was made for the sole purpose of obtaining emergency assistance to prevent
a crime about to be committed, or in the reasonable belief that a person's life or safety
was in danger. Violation of this paragraph is a petty misdemeanor subject to section
169.89, subdivision 2.
deleted text end

deleted text begin (e) deleted text end The permit holder must maintain a driving record free of convictions for moving
violations, as defined in section 171.04, subdivision 1, and free of convictions for violation
of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53. If the permit
holder drives a motor vehicle in violation of the law, the commissioner shall suspend,
cancel, or revoke the permit in accordance with the statutory section violated.

Sec. 3.

Minnesota Statutes 2008, section 171.055, subdivision 2, is amended to read:

Subd. 2.

Use of provisional license.

(a) A provisional license holder may operate a
motor vehicle only when every occupant under the age of 18 has a seat belt or child
passenger restraint system properly fastened. A person who violates this paragraph is
subject to a fine of $25. A peace officer may not issue a citation for a violation of this
paragraph unless the officer lawfully stopped or detained the driver of the motor vehicle
for a moving violation as defined in section 171.04. The commissioner shall not record a
violation of this paragraph on a person's driving record.

(b) deleted text begin A provisional license holder may not operate a vehicle while communicating
over, or otherwise operating, a cellular or wireless telephone, whether handheld or
hands free, when the vehicle is in motion. The provisional license holder may assert
as an affirmative defense that the violation was made for the sole purpose of obtaining
emergency assistance to prevent a crime about to be committed, or in the reasonable
belief that a person's life or safety was in danger. Violation of this paragraph is a petty
misdemeanor subject to section 169.89, subdivision 2.
deleted text end

deleted text begin (c) deleted text end If the holder of a provisional license during the period of provisional licensing
incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections
169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or (3) more
than one conviction for a moving violation that is not crash related, the person may not be
issued a driver's license until 12 consecutive months have expired since the date of the
conviction or until the person reaches the age of 18 years, whichever occurs first.

deleted text begin (d) deleted text end new text begin (c) new text end For the first six months of provisional licensure, a provisional license holder
may not operate a motor vehicle carrying more than one passenger under the age of 20
years who is not a member of the holder's immediate family. For the second six months,
the holder of the license may not operate a motor vehicle that is carrying more than three
passengers who are under the age of 20 years and who are not members of the holder's
immediate family. This paragraph does not apply if the provisional license holder is
accompanied by a parent or guardian.

deleted text begin (e) deleted text end new text begin (d) new text end For the first six months of provisional licensure, a provisional license holder
may operate a motor vehicle between the hours of midnight and 5:00 a.m. only when
the license holder is:

(1) driving between the license holder's home and place of employment;

(2) driving between the license holder's home and a school event for which the
school has not provided transportation;

(3) driving for employment purposes; or

(4) accompanied by a licensed driver at least 25 years of age.

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 169.443, subdivision 9, new text end new text begin is repealed.
new text end