SF 3057

as introduced - 90th Legislature (2017 - 2018) Posted on 03/27/2018 09:07am

A bill for an act
relating to transportation; prohibiting use of cell phones while driving under
specified circumstances; amending penalty provisions; amending Minnesota
Statutes 2016, sections 169.011, subdivision 94; 169.471, by adding a subdivision;
169.475; Minnesota Statutes 2017 Supplement, sections 171.05, subdivision 2b;
171.055, subdivision 2.

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

Section 1.

Minnesota Statutes 2016, section 169.011, subdivision 94, is amended to read:

Subd. 94.

Wireless communications device.

new text begin (a) new text end "Wireless communications device"
means (1) a cellular phone, or (2) a portable electronic device that is capable of receiving
and transmitting data, including but not limited to text messages and e-mail, without an
access line for service.

new text begin (b) new text end A wireless communications device does not include new text begin : (1) new text end a device that is permanently
affixed to the vehicle deleted text begin , deleted text end new text begin ; (2) a device that is physically integrated into the vehicle; new text end or new text begin (3) new text end a
global positioning system or navigation system deleted text begin when the system is deleted text end used exclusively for
navigation purposes.

Sec. 2.

Minnesota Statutes 2016, section 169.471, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin A person who violates this section is guilty of a misdemeanor.
new text end

Sec. 3.

Minnesota Statutes 2016, section 169.475, is amended to read:

169.475 deleted text begin USE OF WIRELESS COMMUNICATIONS DEVICE deleted text end new text begin DANGEROUSLY
DISTRACTED DRIVING new text end .

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.
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 deleted text begin , e-mail, a text message, an instant message, a command or
request to access a World Wide Web page, deleted text end new text begin : e-mail; a text message; an instant message; a
command or request to access a World Wide Web page; video content, whether Web-based,
stored on the device, or accessed in any other manner; images; pictures; new text end 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) "Voice-activated" or "hands-free mode" means an attachment, accessory, application,
wireless connection, or built-in feature of a wireless communications device or vehicle that
allows the user to:
new text end

new text begin (1) vocally compose, send, or to listen to a text-based communication without the use
of either hand except to activate or deactivate a feature or function; or
new text end

new text begin (2) engage in a phone call without the use of either hand except to activate or deactivate
a feature or function.
new text end

Subd. 2.

Prohibition on use; penalty.

(a) deleted text begin No deleted text end new text begin Except as provided in subdivision 3, when
a motor vehicle is in motion or a part of traffic, the new text end person deleted text begin may operate a motor deleted text end new text begin operating
the new text end vehicle deleted text begin while deleted text end new text begin is prohibited from new text end using a wireless communications device to new text begin :
new text end

new text begin (1) new text end new text begin initiate, new text end compose, read, or send an electronic message deleted text begin , when the vehicle is in motion
or a part of traffic. deleted text end new text begin ;
new text end

new text begin (2) initiate a cellular phone call;
new text end

new text begin (3) talk or listen on a cellular phone; or
new text end

new text begin (4) view or listen to video content.
new text end

(b) A person who violates paragraph (a) a second or subsequent time deleted text begin must pay a fine of
$225, plus the amount specified in the uniform fine schedule established by the Judicial
Council deleted text end new text begin is guilty of a misdemeanor new text end .

Subd. 3.

Exceptions.

deleted text begin This section does deleted text end new text begin (a) The prohibitions in subdivision 2 do new text end not
apply if a wireless communications device is used:

(1) solely in a voice-activated or deleted text begin other deleted text end hands-free mode new text begin to make or participate in a phone
call or to initiate, compose, read, or send an electronic message new text end ;

(2) deleted text begin for making a cellular phone call deleted text end new text begin to view a global positioning system or navigation
system new text end ;

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

(4) in the reasonable belief that a person's life or safety is in immediate danger; or

(5) in an authorized emergency vehicle while in the performance of official duties.

new text begin (b) This section does not apply to a device that functions only as a global positioning
system or navigation system.
new text end

Sec. 4.

Minnesota Statutes 2017 Supplement, 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.

(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 deleted text begin petty deleted text end misdemeanor deleted text begin subject to section 169.89, subdivision 2 deleted text end .

(d) 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, sections 169A.50 to 169A.53, or section 171.177.
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.

Sec. 5.

Minnesota Statutes 2017 Supplement, section 171.055, subdivision 2, is amended
to read:

Subd. 2.

Use of provisional license.

(a) A provisional license 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 provisional license
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 deleted text begin petty deleted text end misdemeanor deleted text begin subject to section 169.89, subdivision 2 deleted text end .

(b) If the holder of a provisional license during the period of provisional licensing incurs
(1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, sections 169A.50
to 169A.53, or a violation of section 171.177, (2) a conviction for a crash-related moving
violation, or (3) more than one conviction for a moving violation that is not crash related,
the person may not be issued a driver's license until 12 consecutive months have expired
since the date of the conviction or until the person reaches the age of 18 years, whichever
occurs first.

(c) For the first six months of provisional licensure, a provisional license holder may
not operate a motor vehicle carrying more than one passenger under the age of 20 years
who is not a member of the holder's immediate family. For the second six months, the holder
of the license may not operate a motor vehicle that is carrying more than three passengers
who are under the age of 20 years and who are not members of the holder's immediate
family. This paragraph does not apply if the provisional license holder is accompanied by
a parent or guardian.

(d) For the first six months of provisional licensure, a provisional license holder may
operate a motor vehicle between the hours of midnight and 5:00 a.m. only when the license
holder is:

(1) driving between the license holder's home and place of employment;

(2) driving between the license holder's home and a school event for which the school
has not provided transportation;

(3) driving for employment purposes; or

(4) accompanied by a licensed driver at least 25 years of age.