HF 2351

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

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

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

Section 1.

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

169.475 USE OF WIRELESS COMMUNICATIONS DEVICE.

Subdivision 1.

deleted text begin Definition deleted text end new text begin Definitions new text end .

new text begin (a) new text end For 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 end No person may operate a motor vehicle while new text begin :
new text end

new text begin (1) new text end using a wireless communications device to compose, read, or send an electronic
message deleted text begin , deleted text end new 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) apply new text end when the vehicle is in motion or a part
of traffic.

Subd. 3.

Exceptions.

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

(1) solely deleted text begin in a voice-activated or other hands-free mode deleted text end new text begin through a hands-free feature new text end ;

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