HF 1949

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 02:05pm

A bill for an act
relating to public safety; traffic regulations; prohibiting use of cellular phones in
work zones; amending Minnesota Statutes 2012, section 169.475, subdivision 1,
by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 169.475, subdivision 1, is amended to read:

Subdivision 1.

Definition Definitions.

(a) For purposes of this section, the following
terms have the meaning given them.

(b) "Electronic message" means a self-contained piece of digital communication that
is designed or intended to be transmitted between physical devices. An electronic message
includes, but is not limited to, e-mail, a text message, an instant message, a command or
request to access a World Wide Web page, or other data that uses a commonly recognized
electronic communications protocol. An electronic message does not include voice or
other data transmitted as a result of making a phone call, or data transmitted automatically
by a wireless communications device without direct initiation by a person.

(c) "Work zone" means a segment of street or highway for which:

(1) a road authority or its agent is constructing, reconstructing, or maintaining the
physical structure of the roadway, which may include but is not limited to shoulders,
features adjacent to the roadway, and utilities and highway appurtenances, whether
underground or overhead; and

(2) any of the following applies:

(i) official traffic-control devices that indicate the segment of street or highway under
construction, reconstruction, or maintenance, are erected;

(ii) one or more lanes of traffic are closed;

(iii) a flagger under section 169.06, subdivision 4, paragraph (e), is present;

(iv) a temporary speed limit in a construction zone under section 169.14, subdivision
4, is established; or

(v) a work zone speed limit under section 169.14, subdivision 5d, is in effect.

Sec. 2.

Minnesota Statutes 2012, section 169.475, is amended by adding a subdivision
to read:

Subd. 2a.

Prohibition on use; work zones.

Notwithstanding subdivision 3, clauses
(1) and (2), no person may operate a motor vehicle while using a cellular phone, whether
handheld or hands-free, when the vehicle is (i) in motion or a part of traffic, and (ii) in
a work zone.

EFFECTIVE DATE.

This section is effective August 1, 2014, and applies to
offenses committed on or after that date.