HF 18

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to traffic regulations; requiring that mobile
telephones 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 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:
new text end

new text begin (a) "Mobile telephone" means a cellular, analog, wireless,
or digital telephone capable of sending or receiving telephone
messages without an access line for service.
new text end

new text begin (b) "Hands-free device" means an attachment, add-on, or
addition to a mobile telephone, whether or not permanently
installed in a motor vehicle, that when used allows the vehicle
operator to maintain both hands on the steering wheel.
new text end

new text begin (c) "Use" means talking or listening on a mobile telephone.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin No person may engage in the use of
a mobile telephone while operating a motor vehicle while the
motor vehicle is in motion unless the mobile telephone 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 mobile telephone was used for the purpose of
contacting the following in response to an emergency:
new text end

new text begin (1) a 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