HF 2677

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; prohibiting operation of 
  1.3             cellular telephone in moving motor vehicle; making 
  1.4             clarifying changes; imposing a petty misdemeanor 
  1.5             penalty; amending Minnesota Statutes 2000, section 
  1.6             169.471, subdivision 2; proposing coding for new law 
  1.7             in Minnesota Statutes, chapter 169. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [169.133] [TELEPHONE USE BY DRIVER PROHIBITED.] 
  1.10     Subdivision 1.  [PROHIBITION GENERALLY.] Except as 
  1.11  otherwise provided in this section, a person shall not operate a 
  1.12  motor vehicle while holding a cellular or wireless telephone. 
  1.13     Subd. 2.  [EXCEPTIONS FOR PASSENGERS AND AUTHORIZED 
  1.14  EMERGENCY VEHICLES.] Subdivision 1 does not apply to an operator 
  1.15  of an authorized emergency vehicle or to any nonoperator 
  1.16  passenger of a motor vehicle. 
  1.17     Subd. 3.  [AFFIRMATIVE DEFENSE.] A person may assert as an 
  1.18  affirmative defense that the violation was made for the sole 
  1.19  purpose of obtaining emergency assistance if the person had 
  1.20  reason to fear for life or safety or to believe that a crime was 
  1.21  about to be committed in the person's proximity. 
  1.22     Sec. 2.  Minnesota Statutes 2000, section 169.471, 
  1.23  subdivision 2, is amended to read: 
  1.24     Subd. 2.  [USE OF HEADPHONES IN VEHICLE.] No A person, 
  1.25  while operating a motor vehicle, shall not wear headphones or 
  1.26  earphones which that are used in both ears simultaneously for 
  2.1   purposes of receiving or listening to telephone calls, 
  2.2   broadcasts, or reproductions from telephones, radios, tape 
  2.3   decks, or other sound-producing, sound-receiving, or 
  2.4   transmitting sound-transmitting devices.  This section shall 
  2.5   does not prohibit the use, however, of hearing aid devices by 
  2.6   persons in need thereof of hearing aid devices.