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