House File 412 - Introduced HOUSE FILE 412 BY THEDE , HANSON , and HUNTER A BILL FOR An Act concerning the use of a mobile telephone while driving 1 and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1524YH (5) 85 dea/nh

H.F. 412 Section 1. Section 321.1, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 39. “Mobile telephone” means as defined in 3 49 C.F.R. § 383.5. 4 Sec. 2. Section 321.210, subsection 2, paragraph e, Code 5 2013, is amended to read as follows: 6 e. Violations of section sections 321.276 and 321.276A . 7 Sec. 3. Section 321.276, subsection 1, paragraph a, Code 8 2013, is amended by striking the paragraph and inserting in 9 lieu thereof the following: 10 a. “Fixed unit global positioning system or navigation 11 system” means an electronic device that is mounted inside a 12 motor vehicle and is capable of providing navigation directions 13 to a driver based on data entered into the device prior to 14 operating the motor vehicle. 15 Sec. 4. Section 321.276, subsection 2, paragraph a, Code 16 2013, is amended to read as follows: 17 a. A person does not violate this section by using a fixed 18 unit global positioning system or navigation system or when, 19 for the purpose of engaging in a call, the person selects 20 or enters a telephone number or name in a hand-held mobile 21 telephone or activates, deactivates, or initiates a function of 22 a hand-held mobile telephone to receive navigation directions, 23 provided that the person does not manually enter data into the 24 fixed unit global positioning system or navigation system while 25 operating the motor vehicle . 26 Sec. 5. NEW SECTION . 321.276A Use of mobile telephone while 27 driving. 28 1. A person shall not drive a motor vehicle while using a 29 mobile telephone unless the mobile telephone is specifically 30 designed and configured to allow hands-free listening and 31 talking and is used in that manner while driving. 32 2. This section does not apply to the following persons: 33 a. A member of a public safety agency, as defined in section 34 34.1, performing official duties. 35 -1- LSB 1524YH (5) 85 dea/nh 1/ 5

H.F. 412 b. A health care professional in the course of an emergency 1 situation. 2 c. A person receiving safety-related information including 3 emergency, traffic, or weather alerts. 4 d. The driver of a motor vehicle when the motor vehicle is 5 at a complete stop off the traveled portion of the roadway. 6 3. Nothing in this section shall be construed to authorize a 7 peace officer to confiscate a mobile telephone from the driver 8 or occupant of a motor vehicle. 9 4. a. A person convicted of a violation of this section 10 is guilty of a simple misdemeanor punishable as a scheduled 11 violation under section 805.8A, subsection 14, paragraph “m” . 12 b. A violation of this section shall not be considered a 13 moving violation for purposes of this chapter or rules adopted 14 pursuant to this chapter. 15 5. A peace officer shall not stop or detain a person solely 16 for a suspected violation of this section. This section is 17 enforceable by a peace officer only as a secondary action when 18 the driver of a motor vehicle has been stopped or detained for 19 a suspected violation of another provision of this chapter, a 20 local ordinance equivalent to a provision of this chapter, or 21 other law. 22 Sec. 6. Section 321.482A, unnumbered paragraph 1, Code 23 2013, is amended to read as follows: 24 Notwithstanding section 321.482 , a person who is convicted 25 of operating a motor vehicle in violation of section 321.178, 26 subsection 2 , paragraph “a” , subparagraph (2), section 27 321.180B, subsection 6 , section 321.194, subsection 1 , 28 paragraph “c” , section 321.256 , section 321.257 , section 29 321.275, subsection 4 , section 321.276, 321.276A, 321.297 , 30 321.298 , 321.299 , 321.302 , 321.303 , 321.304 , 321.305 , 321.306 , 31 321.307 , 321.308 , section 321.309, subsection 2 , or section 32 321.311 , 321.319 , 321.320 , 321.321 , 321.322 , 321.323 , 321.324 , 33 321.324A , 321.327 , 321.329 , 321.333 , or 321.372, subsection 3 , 34 causing serious injury to or the death of another person may be 35 -2- LSB 1524YH (5) 85 dea/nh 2/ 5

H.F. 412 subject to the following penalties in addition to the penalty 1 provided for a scheduled violation in section 805.8A or any 2 other penalty provided by law: 3 Sec. 7. Section 321.555, subsection 2, Code 2013, is amended 4 to read as follows: 5 2. Six or more of any separate and distinct offenses within 6 a two-year period in the operation of a motor vehicle, which 7 are required to be reported to the department by section 8 321.491 or chapter 321C , except equipment violations, parking 9 violations as defined in section 321.210 , violations of 10 registration laws, violations of sections 321.445 and 321.446 , 11 violations of section sections 321.276 and 321.276A , operating 12 a vehicle with an expired license or permit, failure to appear, 13 weights and measures violations and speeding violations of less 14 than fifteen miles per hour over the legal speed limit. 15 Sec. 8. Section 805.8A, subsection 14, Code 2013, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . m. Mobile telephone violations. For 18 violations under section 321.276A, the scheduled fine is thirty 19 dollars. 20 EXPLANATION 21 This bill prohibits a person from driving a motor vehicle 22 while using a mobile telephone unless the mobile telephone 23 is specifically designed and configured to allow hands-free 24 listening and talking and is used in that manner. The bill 25 does not apply to the driver of a motor vehicle when the motor 26 vehicle is at a complete stop off the roadway. In addition, 27 the bill exempts the following persons from the prohibition: a 28 member of a public safety agency performing official duties; 29 a health care professional in the course of an emergency 30 situation; and a person receiving safety-related information 31 including emergency, traffic, or weather alerts. These are the 32 same exemptions that currently apply under Iowa law prohibiting 33 text-messaging while driving. 34 The bill defines “mobile telephone” to mean the same 35 -3- LSB 1524YH (5) 85 dea/nh 3/ 5

H.F. 412 as defined in federal motor carrier safety administration 1 regulations. Under that definition, “mobile telephone” means 2 a mobile communication device that falls under or uses any 3 commercial mobile radio service, as defined in regulations of 4 the federal communications commission. The federal definition 5 explicitly excludes two-way or citizens band radio services. 6 The bill amends current provisions prohibiting 7 text-messaging while driving to specify that a person does not 8 violate the text-messaging provisions by using a fixed unit 9 global positioning system or navigation system. “Fixed unit 10 global positioning system or navigation system” is defined as 11 an electronic device mounted inside a motor vehicle and capable 12 of providing navigation directions to a driver based on data 13 entered into the device prior to operating the motor vehicle. 14 The bill also strikes a current exception to the prohibition 15 on text-messaging while driving which applies to a person 16 selecting or entering a telephone number or name in a hand-held 17 mobile telephone or activating, deactivating, or initiating a 18 function of a hand-held mobile telephone. 19 The penalties established in the bill mirror the penalties 20 currently applicable for text-messaging while driving. A 21 person who uses a mobile telephone while driving in violation 22 of the bill commits a simple misdemeanor punishable by 23 a scheduled fine of $30. The offense is not a moving 24 violation, and therefore cannot be considered for purposes of 25 administrative suspension of a driver’s license or to establish 26 habitual offender status. However, if the violation causes a 27 serious injury, a court could impose an additional fine of $500 28 or suspend the person’s driver’s license for not more than 90 29 days, or both. If the violation causes a death, a court could 30 impose an additional fine of $1,000 or suspend the person’s 31 driver’s license for not more than 180 days, or both. 32 The ban on the use of a hand-held mobile telephone while 33 driving is enforceable only as a secondary action when a driver 34 has been stopped or detained for a suspected violation of 35 -4- LSB 1524YH (5) 85 dea/nh 4/ 5

H.F. 412 another law. The bill does not authorize a peace officer to 1 confiscate a mobile telephone from a driver or occupant of a 2 motor vehicle. 3 -5- LSB 1524YH (5) 85 dea/nh 5/ 5