SF 1191

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

A bill for an act
relating to traffic regulations; prohibiting operation
of cellular telephone in moving motor vehicle by
holder of provisional driver's license or instruction
permit; imposing penalties; 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 [169.133] TELEPHONE USE BY CERTAIN DRIVERS
PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition generally. new text end

new text begin Except as
otherwise provided in this section, a holder of an instruction
permit issued under section 171.05 or a provisional driver's
license issued under section 171.055 shall not operate a motor
vehicle while communicating over, or otherwise operating, a
cellular or wireless telephone, regardless of whether the
telephone must be handheld or may be hands free for its
operation.
new text end

new text begin Subd. 2. new text end

new text begin Exceptions for passengers and authorized
emergency vehicles. new text end

new text begin Subdivision 1 does not apply to an operator
of an authorized emergency vehicle or to any nonoperator
passenger of a motor vehicle.
new text end

new text begin Subd. 3. new text end

new text begin Affirmative defense. new text end

new text begin A person described in
subdivision 1 may assert as an affirmative defense that the
violation was made for the sole purpose of obtaining emergency
assistance if the person had reason to fear for the life or
safety of any person or to believe that a crime was about to be
committed in the person's proximity.
new text end

new text begin Subd. 4. new text end

new text begin Penalties for first and subsequent offenses. new text end

new text begin A
person who is convicted of violating this section is guilty of a
petty misdemeanor, subject to the provisions of section 169.89.
For the first conviction under this section, the court shall
sentence the violator to a minimum fine of $150. For the second
conviction under this section, the court shall sentence the
violator to a minimum fine of $300 and suspend the violator's
driver's license or operating privileges for a period of 90
days. For the third or subsequent conviction under this
section, the court shall sentence the violator to a minimum fine
of $300 and shall suspend the violator's driver's license or
operating privileges for a period of one year or until the
violator reaches the age of 18, whichever occurs first.
new text end