HF 311

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to traffic regulations; doubling fine for moving violation committed
while operating mobile phone; providing affirmative defense to doubled fine;
amending Minnesota Statutes 2006, section 169.89, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 169.89, is amended by adding a
subdivision to read:

new text begin Subd. 6. new text end

new text begin Violation committed while operating mobile phone. new text end

new text begin (a) A person
convicted of committing a moving violation while communicating over a cellular or
wireless telephone, is assessed an additional surcharge equal to the amount of the fine
imposed for the moving violation, but not less than $25. "Moving violation" does not
include a parking violation, a vehicle equipment violation, or a warning citation.
new text end

new text begin (b) It is an affirmative defense against a charge of violating paragraph (a) that the
mobile telephone was used in response to an emergency to contact:
new text end

new text begin (1) a first responder by use of 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