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HF 1822

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - 1st Engrossment

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A bill for an act
 relating to transportation; requiring that cellular phones 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 CELLULAR PHONES.
 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 (1) "Hands-free device" means an attachment, add-on, or addition to a cellular
phone, whether or not permanently installed in a motor vehicle, that when used allows the
vehicle operator to maintain both hands on the steering wheel; and
 new text end

new text begin (2) "Use" means talking, text messaging, or listening on a cellular phone.
 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 cellular phone while operating a motor
vehicle that is in motion unless the cellular phone 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 cellular phone 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