as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 01/21/2003 |
1.1 A bill for an act 1.2 relating to traffic regulations; requiring that mobile 1.3 telephones used in motor vehicles be hands-free; 1.4 providing a defense; proposing coding for new law in 1.5 Minnesota Statutes, chapter 169. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. [169.472] [USE OF MOBILE TELEPHONES.] 1.8 Subdivision 1. [DEFINITIONS.] For purposes of this section: 1.9 (a) "Mobile telephone" means a cellular, analog, wireless, 1.10 or digital telephone capable of sending or receiving telephone 1.11 messages without an access line for service. 1.12 (b) "Hands-free device" means an attachment, add-on, or 1.13 addition to a mobile telephone, whether or not permanently 1.14 installed in a motor vehicle, that when used allows the vehicle 1.15 operator to maintain both hands on the steering wheel. 1.16 (c) "Use" means talking or listening on a mobile telephone. 1.17 Subd. 2. [PROHIBITION.] No person may engage in the use of 1.18 a mobile telephone while operating a motor vehicle while the 1.19 motor vehicle is in motion unless the mobile telephone is 1.20 equipped and used with a hands-free device. A peace officer may 1.21 not issue a citation for a violation of this subdivision unless 1.22 the officer lawfully stopped or detained the driver of the motor 1.23 vehicle for another moving violation other than a violation 1.24 involving motor vehicle equipment. 1.25 Subd. 3. [DEFENSE.] It is an affirmative defense against a 2.1 charge of violating subdivision 2 for a person to produce 2.2 evidence that the mobile telephone was used for the purpose of 2.3 contacting the following in response to an emergency: 2.4 (1) a 911 or other emergency telephone number; 2.5 (2) a hospital, clinic, or doctor's office; 2.6 (3) an ambulance service provider; 2.7 (4) a fire department or law enforcement agency; or 2.8 (5) a first aid squad.