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Introduced Version House Bill 4047 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4047


(By Delegates Guthrie, Hatfield, Shook,

Miley and Webster)

[Introduced January 15, 2008; 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-1-67; to amend said code by adding thereto two new sections, designated §17C-14-15 and §17C-14-16, all relating to defining wireless communication devices, use of hands-free and hand-held wireless communication devices while driving, and school bus drivers' use of wireless communication devices.

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-1-67; and that said code be amended by adding thereto two new sections, designated §17C-14-15 and §17C-14-16, all to read as follows:
ARTICLE 1. WORDS AND PHRASES DEFINED.
§17C-1-67. Wireless communication device.
"Wireless communication device" means a hand-held device used to access a wireless telephone service or a text messaging device.
ARTICLE 14. MISCELLANEOUS RULES.
§17C-14-15. Use of hands-free and hand-held wireless communication devices while driving; when permitted; penalty.
(a) The use of a wireless communication device by an operator of a motor vehicle on a public road or highway is unlawful except when the device is a hands-free wireless device or the wireless communication device is used hands-free, provided that the 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 a motor vehicle.
(b) The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if:
(1) The operator has reason to fear for his or her life or safety, or believes that a criminal act may be perpetrated against himself or herself or another person; or
(2) The operator is using the wireless communication device to report to appropriate authorities a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs. A wireless communications device user's telephone records or the testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under this paragraph.
(c)(1) As used in this section, "hands-free wireless device" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation 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 telephone.
(2) "Use" of a wireless communication device includes, but is not limited to, talking or listening to another person on the telephone, text messaging, or sending an electronic message via the wireless communication device.
(d) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall for the first offense be fined one hundred dollars; for a second offense be fined one hundred seventy-five dollars; and for a third or subsequent offense be fined two hundred fifty dollars.
§
17C-14-16. School bus drivers use of wireless communication devices.
(a) It is unlawful for the driver of a school bus to use a wireless communication device while operating the school bus.
(b) The prohibition contained in subsection (a) of this section does not apply:
(1) When the school bus is parked in a safe area off of a highway; or
(2) In an emergency situation.
(c) A person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than two hundred fifty dollars nor more than five hundred dollars.




NOTE: The purpose of this bill is to prohibit the use of cell phone and text-messaging devices while operating a motor vehicle except when using a hands-free device or in the case of an emergency. This bill also prohibits the use of a cell phone by a school bus driver other than in limited circumstances such as an emergency.

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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