HF 3182

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to traffic regulations; prohibiting use of mobile telephones during
operation of motor vehicles; providing a defense; proposing coding for new
law in Minnesota Statutes, chapter 169.

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

Section 1.

new text begin [169.472] USE OF MOBILE TELEPHONES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, "mobile telephone"
means a cellular, analog, wireless, or digital telephone capable of sending or receiving
telephone messages without an access line for service, whether or not the telephone may
be operated hands-free.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin No person may use a mobile telephone while operating a
motor vehicle while the motor vehicle is in motion. A peace officer may not issue a
citation for a violation of this subdivision unless the officer lawfully stopped or detained
the driver of the motor vehicle for another moving violation other than a violation
involving motor vehicle equipment.
new text end

new text begin Subd. 3. new text end

new text begin Defense. new text end

new text begin It is an affirmative defense against a charge of violating
subdivision 2 that the mobile telephone was used for the purpose of contacting the
following in response to an emergency:
new text end

new text begin (1) a 911 or other emergency telephone number;
new text end

new text begin (2) a hospital, clinic, or doctor's office;
new text end

new text begin (3) an ambulance service provider;
new text end

new text begin (4) a fire department or law enforcement agency; or
new text end

new text begin (5) a first aid squad.
new text end