Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

SF 837

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 04/16/2018 04:09pm

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

Current Version - 1st Engrossment

Line numbers 1.1 1.2 1.3 1.4
1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12
1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8
3.9 3.10

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:

Section 1.

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


Subd. 94.

Wireless communications device.

"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 begin that is physically integrated
into the vehicle
new text end.

Sec. 2.

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


169.475 USE OF WIRELESS COMMUNICATIONS DEVICE.

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 definitions
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) A motor vehicle is not considered to be "in motion or a part of traffic" if the vehicle
is legally pulled over to the side of the road and not obstructing traffic.
new text end

new text begin (d) "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 or 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 usingnew text begin:
new text end

new text begin (1)new text end a wireless communications device tonew 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 trafficdeleted text endnew text begin; or
new text end

new text begin (2) a cellular phone, including but not limited to initiating a cellular phone call and
talking or listening on the phone
new text end.

(b) new text beginWhen a motor vehicle is in motion or a part of traffic, the person operating the vehicle
is prohibited from using a wireless communications device to view video content, whether
Web-based, stored on the device, or accessed in any other manner. This paragraph does not
apply to viewing a global positioning system or navigation system.
new text end

new text begin (c) new text endA person who violates deleted text beginparagraphdeleted text end new text beginparagraphs new text end(a) new text beginand (b) new text enda second or subsequent time
must pay a fine of $225, plus the amount specified in the uniform fine schedule established
by the Judicial Council.

Subd. 3.

Exceptions.

deleted text beginThis section doesdeleted text end new text begin(a) new text endnew text beginThe prohibitions in subdivision 2, paragraph
(a), 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 call;
deleted text end

deleted text begin (3) for 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;

deleted text begin (4)deleted text end new text begin(3) new text endin the reasonable belief that a person's life or safety is in immediate danger; or

deleted text begin (5)deleted text end new text begin(4) new text endin an authorized emergency vehicle while in the performance of official duties.

new text begin (b) This section does not apply to a device that is functioning solely as a global
positioning system or navigation system that is temporarily affixed to the vehicle.
new text end

new text begin (c) The prohibition in subdivision 2, paragraph (a), clause (2), does not apply to the use
of a cellular phone that is temporarily affixed to the vehicle to listen to audio-based content.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to acts
committed on or after that date.
new text end