House File 353 - Introduced
HOUSE FILE
BY MAY
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act prohibiting the use of cellular telephones and other
2 wireless communication devices by certain persons operating a
3 motor vehicle under a provisional driver's license and
4 providing a penalty.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 2054HH 83
7 dea/nh/5
PAG LIN
1 1 Section 1. NEW SECTION. 321.180C CELL PHONE USE
1 2 RESTRICTED.
1 3 1. A person who has been issued a restricted driver's
1 4 license under section 321.178; an instruction permit or a
1 5 special instruction permit under section 321.180, 321.180A, or
1 6 321.180B; an intermediate driver's license under section
1 7 321.180B; or a special minor's license under section 321.194
1 8 shall not operate or use a cellular telephone or other
1 9 wireless communication device while operating a motor vehicle
1 10 on a highway.
1 11 2. a. This section does not apply when the motor vehicle
1 12 is at a complete stop off the roadway.
1 13 b. This section does not apply to the use of a cellular
1 14 telephone or other wireless communication device to call 911
1 15 or to contact law enforcement authorities or an emergency
1 16 response agency in an emergency situation.
1 17 3. A person who violates this section commits a simple
1 18 misdemeanor punishable as a scheduled violation under section
1 19 805.8A, subsection 4, paragraph "a".
1 20 Sec. 2. Section 805.8A, subsection 4, paragraph a, Code
1 21 2009, is amended to read as follows:
1 22 a. For violations under sections 321.174A, 321.180,
1 23 321.180B, 321.180C, 321.193, and 321.194, the scheduled fine
1 24 is thirty dollars.
1 25 EXPLANATION
1 26 This bill prohibits the use of a cellular telephone or
1 27 other wireless communication device by persons who are
1 28 provisionally licensed to drive. The restriction applies when
1 29 the motor vehicle is being operated on a highway, but not when
1 30 the vehicle is stopped off the roadway. The bill applies to
1 31 every person issued an instruction permit or a special
1 32 instruction permit and to every person under 18 years of age
1 33 issued an intermediate license, a restricted license for
1 34 driving to and from work, or a special minor's license.
1 35 The bill provides an exception for emergency situations
2 1 when a cellular telephone is used to call 911 or to contact
2 2 law enforcement authorities or an emergency response agency.
2 3 A violation of the bill, which is a violation of the terms
2 4 of the driver's license, is a simple misdemeanor punishable by
2 5 a scheduled fine of $30. For a person under 18 years of age
2 6 who is in the graduated driver licensing program, a violation
2 7 would delay issuance of an intermediate license for six months
2 8 or a full driver's license for 12 months.
2 9 LSB 2054HH 83
2 10 dea/nh/5