Text: HF02157 Text: HF02159 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 321.363A USE OF HANDHELD
1 2 CELLULAR TELEPHONE – PENALTY.
1 3 1. For purposes of this section, the following definitions
1 4 apply:
1 5 a. "Cellular telephone" means a radio-link telephone that
1 6 provides dial tone access to a portable, mobile, or fixed
1 7 location for which a charge is levied.
1 8 b. "Engage in a call" means to speak into or listen to the
1 9 cellular telephone, but does not include activating,
1 10 deactivating, or initiating a function of the cellular
1 11 telephone.
1 12 c. "Handheld cellular telephone" means a cellular
1 13 telephone that requires the use of either hand for the user to
1 14 engage in a call.
1 15 2. Except as otherwise provided in this section, the
1 16 operator of a motor vehicle shall not engage in a call on a
1 17 handheld cellular telephone unless the motor vehicle is
1 18 completely stopped off the traveled portion of the highway.
1 19 3. Subsection 2 does not apply to any of the following:
1 20 a. A person using a cellular telephone that is mounted or
1 21 otherwise attached to the vehicle so that the use of the hand
1 22 is not required for the person to engage in a call.
1 23 b. A person using a handheld cellular telephone to call
1 24 911 or another public emergency telephone number for police,
1 25 fire, or rescue service.
1 26 c. A member of a public safety agency, as defined in
1 27 section 34.1, while performing official duties.
1 28 4. A violation of this section is a simple misdemeanor
1 29 punishable as a scheduled violation under section 805.8A,
1 30 subsection 6, paragraph "b".
1 31 Sec. 2. Section 805.8A, subsection 6, paragraph b, Code
1 32 Supplement 2003, is amended to read as follows:
1 33 b. For violations under section 321.275, subsections 1
1 34 through 7, sections 321.277A, 321.315, 321.316, 321.318,
1 35 321.363, 321.363A, and 321.365, the scheduled fine is twenty-
2 1 five dollars.
2 2 EXPLANATION
2 3 This bill prohibits a person from operating a motor vehicle
2 4 on a highway while engaging in a call on a handheld cellular
2 5 telephone. The prohibition does not apply if the motor
2 6 vehicle is completely stopped off the traveled portion of the
2 7 highway when the operator is engaged in a call. Activating,
2 8 deactivating, or initiating a function of the cellular
2 9 telephone by use of the hand is permissible, as is the use of
2 10 a mounted cellular telephone. The terms "cellular telephone",
2 11 "engage in a call", and "handheld cellular telephone" are
2 12 defined in the bill. A person calling 911 or another
2 13 emergency number and members of public safety agencies
2 14 performing official duties are exempt from the prohibition.
2 15 A violation is punishable by a scheduled fine of $25.
2 16 LSB 5029HH 80
2 17 dea/cf/24
Text: HF02157 Text: HF02159 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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