language to be deleted (2) new language
relating to transportation; prohibiting use of cell phones while driving under specified circumstances;
amending Minnesota Statutes 2018, sections 169.011, subdivision 94; 169.475.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
"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, ora global positioning system or navigation system when the system is used exclusively for navigation purposes.
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) 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
(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 Council.
This section does not apply if a wireless communications device is used:
(1) solely in a voice-activated or other hands-free mode;
(2) for making a cellular phone call;
(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;
(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.
Presented to the governor April 12, 2019
Signed by the governor April 12, 2019, 10:23 a.m.
Official Publication of the State of Minnesota Revisor of Statutes