H. B. 4005
(By Delegates Frazier, Smith, Butcher, Perry, Wells,
Doyle, Hunt, Moore, Border and Ellem)
[Introduced January 12, 2012; referred to the
Committee on 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 the use of a mobile communication device to engage in text messaging or additional technologies while operating a motor vehicle; exceptions and providing penalties.
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 mobile communication device to engage in text messaging or additional technologies while driving prohibited; exceptions; penalties.
(a) As used in this section:
(1) "Mobile communication device" means a cellular telephone or other device that enables a person to engage in text-based communication or additional technology activities.
(2) "Additional technology" means access by the mobile communication device to technologies including, but not limited to, electronic mail, the Internet, music, games or a camera.
(b) A person may not use a handheld mobile communication device to write, read, or send a text message as a means of communicating with another person, or engage in additional technology activities that require the motor vehicle operator to hold the device in one of his or her hands while operating a moving vehicle on the roadway.
(c) The provisions of this section do not apply to:
(1) The operator of any emergency vehicle;
(2) An operator who is lawfully stopped or parked;
(3) The use of a global positioning system (GPS); and
(4) The use of the mobile communication device for voice transmitted communication and reception.
(d) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $250; upon a second conviction, shall be fined not more than $500; and upon a third or subsequent conviction, shall be fined not more than $1,000.
NOTE: The purpose of this bill is to prohibit the use of a handheld mobile communication device to engage in text messaging and additional technology while operating a motor vehicle and to provide a penalty for violations.
This section is new; therefore, it has been completely underscored.