House File 9 - Introduced



                                       HOUSE FILE       
                                       BY  ABDUL=SAMAD


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the use of cellular telephones and other
  2    wireless communication devices by motor vehicle operators and
  3    providing a penalty.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1178HH 83
  6 dea/nh/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  321.363A  USE OF WIRELESS
  1  2 COMMUNICATION DEVICES RESTRICTED.
  1  3    1.  A person shall not operate or use a cellular telephone
  1  4 or other wireless communication device while operating a motor
  1  5 vehicle on a street or highway, as defined in section 321.1,
  1  6 subsection 78, unless the person uses a headset or hands=free
  1  7 adapter to operate or use the telephone or communication
  1  8 device.
  1  9    2.  This section does not apply to the use of a handheld
  1 10 cellular telephone or other handheld wireless communication
  1 11 device to call 911 or to contact law enforcement authorities
  1 12 or an emergency response agency in an emergency situation.
  1 13    3.  This section does not apply when the motor vehicle is
  1 14 at a complete stop off the roadway.
  1 15    4.  A person who violates this section commits a simple
  1 16 misdemeanor, punishable as a scheduled violation under section
  1 17 805.8A, subsection 6, paragraph "e".
  1 18    Sec. 2.  Section 805.8A, subsection 6, Code 2009, is
  1 19 amended by adding the following new paragraph:
  1 20    NEW PARAGRAPH.  e.  For violations under section 321.363A,
  1 21 the scheduled fine is thirty dollars.
  1 22                           EXPLANATION
  1 23    This bill prohibits the driver of a motor vehicle from
  1 24 operating or using a cellular telephone or other wireless
  1 25 communication device without using a headset or hands=free
  1 26 adapter while operating a motor vehicle on a street or
  1 27 highway.  An exception is allowed for emergency situations
  1 28 when the use of a handheld phone or device is to call 911 or
  1 29 contact law enforcement authorities or an emergency response
  1 30 agency.  The bill does not prohibit a driver from using any
  1 31 cellular telephone or other wireless communication device when
  1 32 the motor vehicle is at a complete stop off the roadway.
  1 33    The bill establishes a scheduled fine of $30 as the penalty
  1 34 for a violation.
  1 35 LSB 1178HH 83
  2  1 dea/nh/5.1