Minnesota Session Laws - 2019, Regular Session

CHAPTER 11--H.F.No. 50

An act

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:

Section 1.

Minnesota Statutes 2018, 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 include new text begin : (1) new text end a device new text begin or feature new text end that is permanently deleted text begin affixed to deleted text end new text begin physically integrated into new text end the vehicle deleted text begin , or deleted text end new text begin ; (2) new text end a global positioning system or navigation system deleted text begin when the system is used exclusively deleted text end new text begin that is only capable of being used new text end for navigation purposes new text begin ; or (3) a two-way radio, citizens band radio, or amateur radio equipment used in accordance with Federal Communications Commission rules and regulations new text end .

Sec. 2.

Minnesota Statutes 2018, section 169.475, is amended to read:

169.475 USE OF WIRELESS COMMUNICATIONS DEVICE.

Subdivision 1.

deleted text begin Definition deleted text end new text begin Definitions new text end .

new text begin (a) new text end For 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 to deleted text begin , deleted text end new text begin : new text end e-mail deleted text begin , deleted text end new text begin ; new text end a text message deleted text begin , deleted text end new text begin ; new text end an instant message deleted text begin , deleted text end new text begin ; new text end a command or request to access a deleted text begin World Wide deleted text end web page deleted text begin , or deleted text end new text begin ; a voice-mail message; a transmitted image; transmitted video content, including through video calling; transmitted gaming data; and new text end other data deleted text begin that uses deleted text end new text begin transmitted using new text end a commonly recognized electronic communications protocol. An electronic message does not include new text begin : new text end voice or deleted text begin other deleted text end new text begin audio new text end data transmitted as a result of making a phone call deleted text begin , deleted text end new text begin ; data transmitted between a motor vehicle and a wireless communications device located in the vehicle; data transmitted by a two-way radio, citizens band radio, or amateur radio used in accordance with Federal Communications Commission rules and regulations; new text end or data transmitted automatically deleted text begin by a wireless communications device deleted text end without direct initiation by a person.

new text begin (c) "Voice-activated or hands-free mode" means an attachment, accessory, wirelessly paired or tethered capability, application, wireless connection, or built-in feature of a wireless communications device or a motor vehicle that allows the person to use verbal or single touch commands to: new text end

new text begin (1) activate or deactivate the device; and new text end

new text begin (2) activate or deactivate a function or software application of the device. new text end

new text begin Voice-activated or hands-free mode does not include typing or scrolling on a device. new text end

new text begin (d) For purposes of this section, a motor vehicle is not in motion or a part of traffic if the vehicle is lawfully stopped, is in a location that is not designed or ordinarily used for vehicular travel, and is not obstructing traffic. new text end

Subd. 2.

Prohibition on use; penalty.

(a) deleted text begin No deleted text end new 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 begin may operate a motor deleted text end new text begin operating the new text end vehicle deleted text begin while deleted text end new text begin upon a street or highway is prohibited from new text end using a wireless communications device to deleted text begin compose, read, or send deleted text end new text begin : new text end

new text begin (1) initiate, compose, send, retrieve, or read new text end an electronic message deleted text begin , when the vehicle is in motion or a part of traffic deleted text end new text begin ; new text end

new text begin (2) engage in a cellular phone call, including initiating a call, talking or listening, and participating in video calling; and new text end

new text begin (3) access the following types of content stored on the device: video content, audio content, images, games, or software applications new text end .

(b) A person who violates paragraph (a) a second or subsequent time must pay a fine of deleted text begin $225, plus the amount specified in the uniform fine schedule established by the Judicial Council deleted text end new text begin $275 new text end .

Subd. 3.

Exceptions.

deleted text begin This section does deleted text end new text begin (a) The prohibitions in subdivision 2 do new text end not apply if new text begin a person uses new text end a wireless communications device deleted text begin is used deleted text end :

(1) solely in a voice-activated or deleted text begin other deleted text end hands-free mode new text begin to initiate or participate in a cellular phone call or to initiate, compose, send, or listen to an electronic message new text end ;

(2) deleted text begin for making a cellular phone call deleted text end new text begin to view or operate a global positioning system or navigation system in a manner that does not require the driver to type while the vehicle is in motion or a part of traffic, provided that the person does not hold the device with one or both hands new text end ;

new text begin (3) to listen to audio-based content in a manner that does not require the driver to scroll or type while the vehicle is in motion or a part of traffic, provided that the person does not hold the device with one or both hands; new text end

deleted text begin (3) for obtaining deleted text end new text begin (4) to obtain new 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 (5) new text end in 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 (6) new text end in an authorized emergency vehicle while in the performance of official duties.

new text begin (b) The exception in paragraph (a), clause (1), does not apply to accessing nonnavigation video content, engaging in video calling, engaging in live-streaming, accessing gaming data, or reading electronic messages. new text end

Sec. 3.

new text begin EFFECTIVE DATE. new text end

new text begin This act is effective August 1, 2019, and applies to acts committed on or after that date. new text end

Presented to the governor April 12, 2019

Signed by the governor April 12, 2019, 10:23 a.m.