SF 18

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 08:08am

A bill for an act
relating to traffic regulations; prohibiting use of cell phone while driving;
amending Minnesota Statutes 2010, sections 169.475; 171.05, subdivision 2b.

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

Section 1.

Minnesota Statutes 2010, section 169.475, is amended to read:

169.475 USE OF new text begin CELLULAR TELEPHONE OR OTHER new text end WIRELESS
COMMUNICATIONS DEVICE.

Subdivision 1.

Definition.

For purposes of this section, "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.

Subd. 2.

Prohibition on use.

new text begin (a) new text end No person may operate a motor vehicle while
using a wireless communications device to compose, read, or send an electronic message,
when the vehicle is in motion or a part of traffic.

new text begin (b) No person may operate a motor vehicle while communicating over, or otherwise
operating, a cellular or wireless telephone, whether handheld or hands free, when the
vehicle is in motion or a part of traffic.
new text end

Subd. 3.

Exceptions.

This section does not apply if a new text begin cellular telephone or other
new text end wireless communications device is used:

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

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

deleted text begin (3) deleted text end new text begin (1) new text end for obtaining emergency assistance to (i) report a traffic accident, medical
emergency, or serious traffic hazard, or (ii) prevent a crime about to be committed;

deleted text begin (4) deleted text end new text begin (2) 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 (3) new text end in an authorized emergency vehicle while in the performance of official duties.

Sec. 2.

Minnesota Statutes 2010, section 171.05, subdivision 2b, is amended to read:

Subd. 2b.

Instruction permit use by person under age 18.

(a) This subdivision
applies to persons who have applied for and received an instruction permit under
subdivision 2.

(b) The permit holder may, with the permit in possession, operate a motor vehicle,
but must be accompanied by and be under the supervision of a certified driver education
instructor, the permit holder's parent or guardian, or another licensed driver age 21 or
older. The supervisor must occupy the seat beside the permit holder.

deleted text begin (c) The permit holder may not operate a vehicle while communicating over, or
otherwise operating, a cellular or wireless telephone, whether handheld or hands free,
when the vehicle is in motion. The permit holder may assert as an affirmative defense that
the violation was made for the sole purpose of obtaining emergency assistance to prevent
a crime about to be committed, or in the reasonable belief that a person's life or safety
was in danger. Violation of this paragraph is a petty misdemeanor subject to section
169.89, subdivision 2.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end The permit holder must maintain a driving record free of convictions for
moving violations, as defined in section 171.04, subdivision 1, and free of convictions
for violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53. If
the permit holder drives a motor vehicle in violation of the law, the commissioner shall
suspend, cancel, or revoke the permit in accordance with the statutory section violated.