H. B. 4013
(By Delegates Guthrie, Hatfield,
Shook, Miley and Martin)
[Introduced January 13, 2010; 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-14-15, relating
to establishing the offense of unlawful use of a wireless
communication device while operating a motor vehicle on a
street or highway; providing exceptions and conditions for
certain lawful uses; definitions; misdemeanor criminal
penalties; and limitation of enforcement.
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-14-15, to read as
follows:
ARTICLE 14. MISCELLANEOUS RULES.
§17C-14-15. Unlawful use of wireless communication devices while
operating a motor vehicle; exceptions; penalty.
(a) The use of a wireless electronic communication device by an operator of a moving motor vehicle on a public road or highway
is unlawful except when the wireless communication device is a
hands-free wireless electronic communication device being used
hands-free, provided that its placement does not interfere with the
operation of federally required safety equipment and the operator
exercises a high degree of caution in the operation of the motor
vehicle.
(b) The provisions of this section do not apply to a driver
who uses a wireless communication device when:
(1) The driver immediately fears for his, her or another
person's life or safety, or the driver believes that he, she or
another person is, or is about to become, the victim of a criminal
act;
(2) The driver uses the wireless communication device to
contact law-enforcement authorities, emergency personnel for the
purpose of reporting criminal activity, a fire, a traffic accident,
a serious road hazard, a medical emergency, a hazardous materials
emergency or any other condition which threatens bodily injury,
public health, welfare or safety; or
(3) Emergency services personnel while responding to an
emergency situation, may use a wireless communication device while
operating an authorized emergency vehicle, as defined in section
six, article one, of this chapter, in the course and scope of his
or her duties.
(c) As used in this section:
(1) "Hands-free wireless communication device" means a
wireless communication device equipped with an internal feature or
function, or an attachment or addition, whether or not permanently
part of the device, by which a user engages in a conversation,
sends or receives a message, interchanges information, or otherwise
communicates without the use of either hand: Provided, That this
definition does not preclude the use of either hand to activate,
deactivate or initiate a function of the device;
(2) "Use a wireless communication device" means to verbally or
visually converse, message, or otherwise interchange information,
including utilization of the Internet on a wireless communication
device, whether by audio or video communication, telephone, text
messaging, or any other form of electronic communication; and
(3) "Wireless communication device" means a cellular, analog,
wireless or digital device, computer or telephone, capable of
accessing, sending or receiving wireless electronic messages,
conversation or other interchange of information, including, but
not limited to, a wireless telephone service, a wireless Internet
service or a wireless text messaging service. A "wireless
communication device" does not include:
(A) Voice radios, mobile radios, land mobile radios,
commercial mobile radios or two-way radios with the capability to
transmit and receive voice transmissions utilizing a "push to talk" or "press to transmit" function; or
(B) Other voice radios used by a law-enforcement officer, an
emergency services provider, an employee or agent of public safety
organizations, first responders, and school bus operators.
(d) Any person who violates the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than $25. No court costs or other fees shall be
assessed for a violation of this section.
(e) Enforcement of this section may be accomplished only as a
secondary action when a driver has been detained for probable cause
of violating another section of this code or a municipal ordinance.
(f) Notwithstanding any other provision of this code to the
contrary, no points may be entered on any driver's record
maintained by the Division of Motor Vehicles as a result of a
violation of this section.
NOTE: The purpose of this bill is to establish the offense of
unlawful use of a wireless communication device while operating a
motor vehicle on a street or highway. It provides exceptions and
conditions for certain lawful uses and definitions. It makes a
violation a misdemeanor criminal offense with a fine and provides
a limitation of enforcement.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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