COMMITTEE SUBSTITUTE
FOR
H. B. 4047
(By Delegates Guthrie, Hatfield, Shook,
Miley and Webster)
(Originating in the Committee on the Judiciary)
[February 19, 2008]
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; 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:
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
ARTICLE 14. MISCELLANEOUS RULES.
§17C-14-15. Unlawful use of wireless communication devices while
operating a motor vehicle; exceptions; penalty.
(a) Except as provided in subsection (b) of this section, a driver shall not use a wireless communication device while
operating a motor vehicle on a street or highway.
(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, or both,
to report a criminal activity, a fire, a traffic accident, a
serious road hazard, a medical emergency, a hazardous materials
emergency, or other condition which threatens bodily injury, public
health, welfare or safety;
(3) The wireless communication device is a hands-free wireless
communication device, as defined in subsection (c)(1);
(4) The motor vehicle is lawfully parked or safely stopped on
the berm or shoulder of a street or highway;
(5) The driver is operating an authorized emergency vehicle as
a law enforcement officer or an emergency services provider
employed by, or as an agent of, the United States, this state, or
any county, city, town, district or political subdivision thereof;
(6) The motor vehicle is registered to the United States, this
state, or any county, city, town, district or political subdivision
thereof; or,
(7) The vehicle is stopped as a result of an obstruction or impediment in the road ahead.
(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
with another person, 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, but does not include
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 other voice radios used by a law enforcement officer, an emergency services provider, an employee or agent of
public safety organizations, first responders, school bus
operators, taxi cab drivers or mobile commercial enterprises.
(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 twenty-five dollars. No court costs or other
fees shall be assessed for a violation of this section.
(e) Enforcement of this section shall 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.