Senate Bill No. 131
(By Senators Guills, Foster and Barnes)
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[Introduced February 11, 2009; referred to the Committee on
Transportation and Infrastructure; and then to the Committee on
the Judiciary.]
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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 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. This section does 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 this section is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than $100; upon a second conviction within one year thereafter,
shall be fined not more than $200; and upon a third or subsequent
conviction, shall be fined not more than $500.
(c) Notwithstanding any other contrary provision of this code,
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.