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