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Cellphone Ban Bill

1. The document is a bill being considered by the Minnesota House of Representatives that would prohibit the use of wireless communication devices like cell phones while driving. 2. It proposes amending state law to ban composing, reading or sending text messages and viewing videos on a phone while operating a motor vehicle. 3. Exceptions would allow hands-free use of phones to make calls or use navigation, and phones could be used to report emergencies or prevent crimes. Fines would increase for repeat offenses.

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2K views3 pages

Cellphone Ban Bill

1. The document is a bill being considered by the Minnesota House of Representatives that would prohibit the use of wireless communication devices like cell phones while driving. 2. It proposes amending state law to ban composing, reading or sending text messages and viewing videos on a phone while operating a motor vehicle. 3. Exceptions would allow hands-free use of phones to make calls or use navigation, and phones could be used to report emergencies or prevent crimes. Fines would increase for repeat offenses.

Uploaded by

Patch Minnesota
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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HF1180 FIRST ENGROSSMENT​ REVISOR RSI H1180-1​

This Document can be made available​ Printed​


in alternative formats upon request​ State of Minnesota​ Page No.​ 403​
HOUSE OF REPRESENTATIVES​
NINETIETH SESSION​
H. F. No. 1180​
02/13/2017​ Authored by Uglem; Hornstein; Newberger; Johnson, S.; Thissen and others​
The bill was read for the first time and referred to the Committee on Transportation and Regional Governance Policy​
03/06/2017​ Adoption of Report: Re-referred to the Committee on Public Safety and Security Policy and Finance​
03/14/2018​ Adoption of Report: Re-referred to the Committee on Ways and Means​
05/14/2018​ Adoption of Report: Placed on the General Register as Amended​
Read for the Second Time​

1.1 A bill for an act​


1.2 relating to transportation; prohibiting certain use of cellular phones while driving;​
1.3 amending Minnesota Statutes 2016, sections 169.011, subdivision 94; 169.475.​
1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​

1.5 Section 1. Minnesota Statutes 2016, section 169.011, subdivision 94, is amended to read:​

1.6 Subd. 94. Wireless communications device. "Wireless communications device" means​
1.7 (1) a cellular phone, or (2) a portable electronic device that is capable of receiving and​
1.8 transmitting data, including but not limited to text messages and e-mail, without an access​
1.9 line for service. A wireless communications device does not include a device that is​
1.10 permanently affixed to the vehicle, or a global positioning system or navigation system​
1.11 when the system is used exclusively for navigation purposes that is physically integrated​
1.12 into the vehicle.​

1.13 Sec. 2. Minnesota Statutes 2016, section 169.475, is amended to read:​

1.14 169.475 USE OF WIRELESS COMMUNICATIONS DEVICE.​

1.15 Subdivision 1. Definition Definitions. (a) For purposes of this section, the following​
1.16 terms have the meanings given.​

1.17 (b) "Electronic message" means a self-contained piece of digital communication that is​
1.18 designed or intended to be transmitted between physical devices. An electronic message​
1.19 includes, but is not limited to, e-mail, a text message, an instant message, a command or​
1.20 request to access a World Wide Web page,: e-mail; a text message; an instant message; a​
1.21 command or request to access a World Wide Web page; video content, whether Web-based,​
1.22 stored on the device, or accessed in any other manner; images; pictures; or other data that​

Sec. 2.​ 1​
HF1180 FIRST ENGROSSMENT​ REVISOR RSI H1180-1​

2.1 uses a commonly recognized electronic communications protocol. An electronic message​


2.2 does not include voice or other data transmitted as a result of making a phone call, or data​
2.3 transmitted automatically by a wireless communications device without direct initiation by​
2.4 a person.​

2.5 (c) "Voice-activated or hands-free mode" means an attachment, accessory, application,​


2.6 wireless connection, or built-in feature of a wireless communications device or vehicle that​
2.7 allows the user to:​

2.8 (1) vocally compose or send, or to listen to a text-based communication without the use​
2.9 of either hand except to activate or deactivate a feature or function; or​

2.10 (2) engage in a phone call without the use of either hand except to activate or deactivate​
2.11 a feature or function.​

2.12 Subd. 2. Prohibition on use; penalty. (a) No Except as provided in subdivision 3, when​
2.13 a motor vehicle is in motion or a part of traffic, the person may operate a motor operating​
2.14 the vehicle while is prohibited from using:​

2.15 (1) a wireless communications device to initiate, compose, read, or send an electronic​
2.16 message, when the vehicle is in motion or a part of traffic; or​

2.17 (2) a cellular phone, including but not limited to initiating a cellular phone call and​
2.18 talking or listening on the phone.​

2.19 (b) When a motor vehicle is in motion or a part of traffic, the person operating the vehicle​
2.20 is prohibited from using a wireless communications device to view video content, whether​
2.21 Web-based, stored on the device, or accessed in any other manner. This paragraph does not​
2.22 apply to viewing a global positioning system or navigation system.​

2.23 (c) A person who violates paragraph paragraphs (a) and (b) a second or subsequent time​
2.24 must pay a fine of $225, plus the amount specified in the uniform fine schedule established​
2.25 by the Judicial Council.​

2.26 (d) For purposes of this subdivision, a motor vehicle is not considered to be in motion​
2.27 or a part of traffic if the vehicle is legally pulled over to the side of the road, has come to a​
2.28 complete stop, and is not obstructing traffic.​

2.29 Subd. 3. Exceptions. This section does (a) The prohibitions in subdivision 2, paragraph​
2.30 (a), do not apply if a wireless communications device is used:​

2.31 (1) solely in a voice-activated or other hands-free mode to make or participate in a phone​
2.32 call or to initiate, compose, read, or send an electronic message;​

Sec. 2.​ 2​
HF1180 FIRST ENGROSSMENT​ REVISOR RSI H1180-1​

3.1 (2) for making a cellular phone call;​

3.2 (3) for obtaining to obtain emergency assistance to (i) report a traffic accident, medical​
3.3 emergency, or serious traffic hazard, or (ii) prevent a crime about to be committed;​

3.4 (4) (3) in the reasonable belief that a person's life or safety is in immediate danger; or​

3.5 (5) (4) in an authorized emergency vehicle while in the performance of official duties.​

3.6 (b) This section does not apply to a device that is functioning solely as a global​
3.7 positioning system or navigation system that is temporarily affixed to the vehicle.​

3.8 (c) The prohibition in subdivision 2, paragraph (a), clause (2), does not apply to the use​
3.9 of a cellular phone that is temporarily affixed to the vehicle to listen to audio-based content.​

3.10 EFFECTIVE DATE. This section is effective August 1, 2018, and applies to acts​
3.11 committed on or after that date.​

Sec. 2.​ 3​

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