HF 1822

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

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.

[169.472] USE OF CELLULAR PHONES.

Subdivision 1.

Definitions.

For purposes of this section:

(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

(2) "Use" means talking, text messaging, or listening on a cellular phone.

Subd. 2.

Prohibition.

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.

Subd. 3.

Defense.

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:

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

(2) a hospital, clinic, or doctor's office;

(3) an ambulance service provider;

(4) a fire department or law enforcement agency; or

(5) a first aid squad.