HF 364

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

  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      (1) "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     (2) "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     (3) "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.