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Minnesota Legislature

Office of the Revisor of Statutes

SF 3562

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Current Version - as introduced

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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:

Section 1.

Minnesota Statutes 2006, section 169.01, is amended by adding a
subdivision to read:


new text begin Subd. 93. new text end

new text begin Wireless communications device. new text end

new text begin "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.
new text end

Sec. 2.

new text begin [169.475] USE OF WIRELESS COMMUNICATIONS DEVICE.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin 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.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition on use. new text end

new text begin 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 end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

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

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

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

new text begin (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;
new text end

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

new text begin (5) in an authorized emergency vehicle while in the performance of official duties.
new text end