HF 2712

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to traffic regulations; prohibiting operation 
  1.3             of cellular telephone in moving motor vehicle by 
  1.4             holder of provisional driver's license or instruction 
  1.5             permit; proposing coding for new law in Minnesota 
  1.6             Statutes, chapter 169. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [169.133] [TELEPHONE USE BY CERTAIN DRIVERS 
  1.9   PROHIBITED.] 
  1.10     Subdivision 1.  [PROHIBITION GENERALLY.] Except as 
  1.11  otherwise provided in this section, a holder of an instruction 
  1.12  permit issued under section 171.05 or a provisional driver's 
  1.13  license issued under section 171.055 shall not operate a motor 
  1.14  vehicle while communicating over, or otherwise operating, a 
  1.15  cellular or wireless telephone, regardless of whether the 
  1.16  telephone must be hand held or may be hands free for its 
  1.17  operation. 
  1.18     Subd. 2.  [EXCEPTIONS FOR PASSENGERS AND AUTHORIZED 
  1.19  EMERGENCY VEHICLES.] Subdivision 1 does not apply to an operator 
  1.20  of an authorized emergency vehicle or to any nonoperator 
  1.21  passenger of a motor vehicle. 
  1.22     Subd. 3.  [AFFIRMATIVE DEFENSE.] A person described in 
  1.23  subdivision 1 may assert as an affirmative defense that the 
  1.24  violation was made for the sole purpose of obtaining emergency 
  1.25  assistance if the person had reason to fear for the life or 
  1.26  safety of any person or to believe that a crime was about to be 
  2.1   committed in the person's proximity.