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Capital IconMinnesota Legislature

HF 2351

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:03am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to traffic regulations; prohibiting certain use of cellular phones while
driving; amending Minnesota Statutes 2008, section 169.475.


Section 1.

Minnesota Statutes 2008, section 169.475, is amended to read:


Subdivision 1.

deleted text beginDefinitiondeleted text endnew text begin Definitionsnew text end.

new text begin(a) new text endFor purposes of this section,new text begin the following
terms have the meanings given them.
new text end

new text begin (b)new text end "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.

new text begin (c) "Hands-free feature" means the capability of a wireless communications device
that enables a user to engage in a cellular phone call or access other functionality
of the device without the use of either hand, regardless of whether use of a hand is
necessary to activate or deactivate the device, or first initiate the cellular phone call or
other functionality. A hands-free feature may be provided through an internal feature
of the device, an attachment or add-on to the device, or in conjunction with additional
components or accessories.
new text end

Subd. 2.

Prohibition on use.

new text begin(a) new text endNo person may operate a motor vehicle whilenew text begin:
new text end

new text begin (1)new text end using a wireless communications device to compose, read, or send an electronic
messagedeleted text begin,deleted text endnew text begin; or
new text end

new text begin (2) using a cellular phone to (i) talk or listen on the phone; (ii) hold the phone to,
or in the immediate proximity of, the person's ear; or (iii) otherwise communicate over
the phone.
new text end

new text begin (b) The prohibitions in paragraph (a) applynew text end when the vehicle is in motion or a part
of traffic.

Subd. 3.


This section does not apply if a wireless communications
device is used:

(1) solely deleted text beginin a voice-activated or other hands-free modedeleted text endnew text begin through a hands-free featurenew text end;

(2) deleted text beginfor making a cellular phone call;
deleted text end

deleted text begin (3)deleted text end for obtaining emergency assistance to (i) report a traffic accident, medical
emergency,new text begin fire,new text end or serious traffic hazard, or (ii) prevent a crime about to be committed;

deleted text begin (4)deleted text endnew text begin (3)new text end in the reasonable belief that a person's life or safety is in immediate danger; or

deleted text begin (5)deleted text endnew text begin (4)new text end in an authorized emergency vehicle while in the performance of official duties.