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