GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
H 1
HOUSE BILL 183
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Short Title: Ban Cell Phone Use by School Bus Drivers. |
(Public) |
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Sponsors: |
Representatives Rapp, Goforth, Saunders, Glazier (Primary Sponsors); Alexander, Allen, Barnhart, Bordsen, Brisson, Carney, Coates, Cole, Coleman, England, Faison, Farmer-Butterfield, Fisher, Folwell, Frye, Gulley, Harrison, Holmes, Kiser, Luebke, Martin, McGee, McLawhorn, Mobley, Moore, Parmon, Pate, Ray, Ross, Spear, Starnes, Tarleton, Thomas, Underhill, Wainwright, Walker, R. Warren, Weiss, West, Womble, and Yongue. |
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Referred to: |
Education, if favorable, Judiciary I. |
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February 15, 2007
A BILL TO BE ENTITLED
AN ACT to make using a mobile phone unlawful while operating a public or private school bus or a public activity bus 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 public or private school bus or a public activity bus 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 public or private school bus or a public activity bus 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 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.
(f) Local Ordinances. – No local government may pass any ordinance regulating the use of mobile telephones.
(g) A violation of this section shall be a Class 1 misdemeanor and shall be punishable by a fine of not less than one hundred dollars ($100.00)."
SECTION 2. This act becomes effective December 1, 2007, and applies to offenses committed on or after that date.