as introduced - 90th Legislature (2017 - 2018) Posted on 03/28/2018 04:25pm
A bill for an act
relating to transportation; prohibiting certain use of cellular phones while driving;
amending Minnesota Statutes 2016, sections 169.011, subdivision 94; 169.475.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2016, section 169.011, subdivision 94, is amended to read:
"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, or a global positioning system or navigation system
deleted text begin when the system is used exclusively for navigation purposesdeleted text endnew text beginnew text end.
Minnesota Statutes 2016, section 169.475, is amended to read:
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.
(a) deleted text beginNodeleted text endnew text beginnew text end person deleted text beginmay operate a motordeleted text end new text beginnew text endvehicle deleted text beginwhiledeleted text endnew text beginnew text end usingnew text beginnew text end
new text beginnew text end a wireless communications device tonew text beginnew text end compose, read, or send an electronic
messagedeleted text begin, when the vehicle is in motion or a part of trafficdeleted text endnew text beginnew text end
new text beginnew text end.
(b) A person who violates paragraph (a) a second or subsequent time must pay a fine of
$225, plus the amount specified in the uniform fine schedule established by the Judicial
new text beginnew text endThis section does not apply if a wireless communications device
(1) solely in a voice-activated or other hands-free modenew text beginnew text end;
(2) deleted text beginfor making deleted text endnew text beginnew text enda cellular phone callnew text beginnew text end;
(3) deleted text beginfor obtainingdeleted text endnew text beginnew 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 new text end