as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
A bill for an act
relating to traffic regulations; limiting use of wireless communications devices
while operating a motor vehicle; amending Minnesota Statutes 2006, section
169.01, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 169.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2006, section 169.01, is amended by adding a
subdivision to read:
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"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. A wireless communications device does not include a device that
is permanently affixed to the vehicle, including a global positioning system or navigation
system.
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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.
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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.
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This section does not apply if a wireless communications
device is used:
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(1) solely in a voice-activated or other hands-free mode;
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(2) for making a cellular phone call;
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(3) 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;
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(4) in the reasonable belief that a person's life or safety is in immediate danger; or
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(5) in an authorized emergency vehicle while in the performance of official duties.
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