Text: HF02025 Text: HF02027 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 321.494 MOBILE TELEPHONE USE –
1 2 PRESUMPTION OF NEGLIGENCE.
1 3 1. A rebuttable presumption arises that an operator of a
1 4 motor vehicle who was involved in a traffic accident was
1 5 negligent in the operation of the motor vehicle if the
1 6 operator was using a mobile telephone at the time of the
1 7 accident.
1 8 2. This section does not apply to the operator of a motor
1 9 vehicle using a mobile telephone in the course of the
1 10 operator's duties on behalf of a public safety agency as
1 11 defined in section 34.1.
1 12 3. For purposes of this section, the following definitions
1 13 apply:
1 14 a. "Mobile telephone" means any type of wireless
1 15 telecommunications device, whether hand-held or hands-free.
1 16 b. "Using a mobile telephone" means actually physically
1 17 interacting with the mobile telephone either by physically
1 18 holding, picking up, or setting down the mobile telephone or
1 19 any accessory associated with use of the mobile telephone,
1 20 dialing or pressing keys of the mobile telephone, or talking
1 21 into or listening to the mobile telephone, as part of a voice
1 22 telephone call.
1 23 EXPLANATION
1 24 This bill creates a rebuttable presumption of negligence
1 25 against an operator of a motor vehicle who was involved in a
1 26 traffic accident if the operator was using a mobile telephone
1 27 at the time of the accident. The bill defines "mobile
1 28 telephone" as any type of wireless telecommunications device,
1 29 whether hand-held or hands-free. An operator uses a mobile
1 30 telephone if the operator actually physically interacts with
1 31 the mobile telephone.
1 32 The presumption does not apply to the operator of a motor
1 33 vehicle using a mobile telephone if such use is in the course
1 34 of the operator's duties on behalf of a public safety agency
1 35 as defined in Code section 34.1.
2 1 LSB 5295HH 79
2 2 nh/pj/5
Text: HF02025 Text: HF02027 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Jan 23 05:50:19 CST 2002
URL: /DOCS/GA/79GA/Legislation/HF/02000/HF02026/020114.html
jhf