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Minnesota Legislature

Office of the Revisor of Statutes

SF 3057

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

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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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 includenew text begin: (1)new text end a device that is permanently
affixed to the vehicledeleted text begin,deleted text endnew text begin; (2) a device that is physically integrated into the vehicle;new text end or new text begin(3) new text enda
global positioning system or navigation system deleted text beginwhen the system isdeleted 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 beginUSE OF WIRELESS COMMUNICATIONS DEVICEdeleted text endnew text begin DANGEROUSLY
DISTRACTED DRIVING
new text end.

Subdivision 1.

deleted text beginDefinitiondeleted text endnew text begin Definitionsnew text end.

new text begin(a) new text endFor 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 todeleted text begin, e-mail, a text message, an instant message, a command or
request to access a World Wide Web page,
deleted text endnew 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 endor 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 beginNodeleted text endnew 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 beginmay operate a motordeleted text end new text beginoperating
the
new text endvehicle deleted text beginwhiledeleted text endnew text begin is prohibited fromnew text end using a wireless communications device tonew text begin:
new text end

new text begin (1) new text endnew text begin initiate,new text end compose, read, or send an electronic messagedeleted text begin, when the vehicle is in motion
or a part of traffic.
deleted text endnew 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 beginmust pay a fine of
$225, plus the amount specified in the uniform fine schedule established by the Judicial
Council
deleted text endnew text begin is guilty of a misdemeanornew text end.

Subd. 3.

Exceptions.

deleted text beginThis section doesdeleted text end new text begin(a) The prohibitions in subdivision 2 do new text endnot
apply if a wireless communications device is used:

(1) solely in a voice-activated or deleted text beginotherdeleted text end hands-free modenew 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 beginfor making a cellular phone calldeleted text endnew text begin to view a global positioning system or navigation
system
new text end;

(3) deleted text beginfor obtainingdeleted text endnew text begin to obtainnew 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 beginpettydeleted text end misdemeanor deleted text beginsubject to section 169.89, subdivision 2deleted 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 beginpettydeleted text end misdemeanor deleted text beginsubject to section 169.89, subdivision 2deleted 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.