House File 2349 - 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 certain wireless communication
  2    devices by motor vehicle operators and providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6038HH 82
  5 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 highway unless the person uses a headset or
  1  6 hands=free adapter to operate or use the telephone or
  1  7 communication device.
  1  8    2.  This section does not apply to the use of a handheld
  1  9 cellular telephone or other handheld wireless communication
  1 10 device to call 911 or to contact law enforcement authorities
  1 11 or an emergency response agency in an emergency situation.
  1 12    3.  This section does not apply when the motor vehicle is
  1 13 at a complete stop off the roadway.
  1 14    4.  A person who violates this section commits a simple
  1 15 misdemeanor, punishable as a scheduled violation under section
  1 16 805.8A, subsection 6, paragraph "e".
  1 17    Sec. 2.  Section 805.8A, subsection 6, Code 2007, is
  1 18 amended by adding the following new paragraph:
  1 19    NEW PARAGRAPH.  e.  For violations under section 321.363A,
  1 20 the scheduled fines are as follows:
  1 21    (1)  If the violation is a first offense, the scheduled
  1 22 fine is twenty=five dollars.
  1 23    (2)  If the violation is a second or subsequent offense
  1 24 committed within one year of the first offense, the scheduled
  1 25 fine is fifty dollars.
  1 26                           EXPLANATION
  1 27    This bill prohibits the driver of a motor vehicle from
  1 28 operating or using a cellular telephone or other wireless
  1 29 communication device without using a headset or hands=free
  1 30 adapter while operating a motor vehicle on a highway.  An
  1 31 exception is allowed for emergency situations when the use of
  1 32 a handheld phone or device is to call 911 or contact law
  1 33 enforcement authorities or an emergency response agency.  In
  1 34 addition, the bill does not prohibit a driver from using any
  1 35 cellular telephone or other wireless communication device when
  2  1 the motor vehicle is at a complete stop off the roadway.
  2  2    The bill establishes a scheduled fine of $25 as the penalty
  2  3 for a violation.  However, if the person commits a second or
  2  4 subsequent violation within one year, the scheduled fine is
  2  5 $50.
  2  6 LSB 6038HH 82
  2  7 dea/nh/5.1