GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
H D
HOUSE DRH50209-MA-40 (3/10)
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Short Title: Ban Cell Phone Use While Driving. |
(Public) |
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Sponsors: |
Representative McAllister. |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to make using a mobile phone unlawful while driving a motor vehicle on a public street or highway.
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20‑140.6. Unlawful use of a mobile phone.
(a) Definitions. For purposes of this section, the following terms shall mean:
(1) Mobile telephone. A device used by subscribers and other users of wireless telephone service to access such service.
(2) Wireless telephone service. A service that is a two‑way real-time voice telecommunications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service, as such term is defined by 47 C.F.R. § 20.3.
(3) Using. Holding a mobile telephone to, or in the immediate proximity of, the user's ear.
(4) Handheld mobile telephone. A mobile telephone with which a user engages in a call using at least one hand.
(5) Hands‑free mobile telephone. A mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate, or initiate a function of such telephone.
(6) Engage in a call. Talking into or listening on a handheld mobile telephone, but shall not include holding a mobile telephone to activate, deactivate, or initiate a function of such telephone.
(7) Immediate proximity. That distance as permits the operator of a mobile telephone to hear telecommunications transmitted over such mobile telephone, but shall not require physical contact with such operator's ear.
(b) Offense. Except as otherwise provided in this section, no person shall operate a motor vehicle upon a public street or highway while using a mobile telephone to engage in a call while such vehicle is in motion. An operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of, his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. The presumption established by this subsection is rebuttable by evidence tending to show that the operator was not engaged in a call.
(c) Seizure. The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a mobile telephone, unless otherwise provided by law.
(d) Exceptions. The provisions of subsection (b) of this section shall not apply to the following:
(1) The use of a mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital, physician's office, or health clinic; a public or privately owned ambulance company or service; a fire department; or a law enforcement agency.
(2) Any of the following persons while in the performance of their official duties: a law enforcement officer; a member of a fire department; or the operator of a public or private ambulance.
(3) The use of a hands‑free mobile telephone.
(e) School Bus Drivers. A person shall not use a mobile telephone or other electronic device, including those with hands-free accessories, while operating a moving school bus that is carrying passengers; provided, however, this section shall not apply to a school bus driver who places an emergency call to school officials or for the purposes listed in subdivision (d)(1) of this section.
(f) Persons Less Than 18. No person under the age of 18 or any person operating under a limited or provisional license shall operate a motor vehicle upon a public street or highway while using a mobile telephone or a hands‑free mobile telephone. This subsection shall not apply if the driver places a call for the purposes listed in subdivision (d)(1) of this section.
(g) Local Ordinances. No local government may pass any ordinance regulating the use of mobile telephones.
(h) A violation of this section shall be an infraction and shall be punishable by a fine of one hundred dollars ($100.00) and the cost of court. There shall be no points assessed by the Division for a violation of this section."
SECTION 2. This act becomes effective December 1, 2005, and applies to offenses committed on or after that date.