HB 3188 Text

President Majority Leader Members Committees District Maps Audio Senate Clerk Senate Rules

Speaker Members Committees District Maps Audio House Clerk House Rules

Interim Committees Budget & Fiscal Affairs Court of Claims Crime Victims LASD Legislative Services PERD Post Audit Public Information Rule-Making Review Special Investigations Joint Rules Staff Only

Bill Status

Bill Status Bill Tracking

WV Code

WV Code WV Constitution US Constitution

Audits/ Reports

State Agency Grant Awards State Agency Reports Legislative Audit Reports Post Audit Reports

Educational

Citizen’s Guide Internship Program Page Program Back to School Program Publications Capitol Photo Gallery Capitol History How a Bill Becomes Law

Contact

Senate Roster House Roster Public Information Webmaster Helpful Links

Introduced Version House Bill 3188 History

DOWNLOAD wpd |

hb3188 intr H. B. 3188

(By Delegates Blair and Schoen)
[Introduced March 24, 2005; referred to the
Committee on Roads and Transportation then the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-14-3, relating to prohibiting use of a handheld cell phone while driving; providing exceptions; providing a penalty for violations; and providing that points may not be assessed against the driver's license for a violation.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §17C-14-3, to read as follows:

ARTICLE 14. MISCELLANEOUS RULES.

§17C-14-3. Use of cellular telephone while driving prohibited; penalty; no points may be assessed.
(a) A person may not operate a motor vehicle while using a handheld cellular telephone or similar device requiring the motor vehicle operator to hold the cellular telephone in one of his or her hands while driving. The provisions of this section do not apply to a driver of a motor vehicle who uses a cellular telephone with a headset or a cellular telephone with a speaker system which does not require the driver to hold the cellular telephone in his or her hands while driving.
(b) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
(c) Notwithstanding any other provision of this code to the contrary, no points may be entered on any driver's record maintained by the West Virginia Division of Motor Vehicles as a result of a violation of this section.

NOTE: The purpose of this bill is to prohibit the use of handheld cellular telephones while driving and to provide a penalty for violations . Under the bill, a person may be fined for a violation, but no points may be assessed against his or her driver's license.

This section is new; therefore, strike-throughs and underscoring have been omitted.