Revises provisions related to the use of cellular telephones and other handheld wireless communications devices by minors while operating a motor vehicle. (BDR 43-251)

S.B. 23

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SENATE BILL NO. 23–COMMITTEE ON
GROWTH AND INFRASTRUCTURE

(ON BEHALF OF THE OFFICE OF TRAFFIC SAFETY
OF THE DEPARTMENT OF PUBLIC SAFETY)

PREFILED NOVEMBER 7, 2024
____________

Referred to Committee on Growth and Infrastructure

SUMMARY—Revises provisions related to the use of cellular
telephones and other handheld wireless
communications devices by minors while operating a
motor vehicle. (BDR 43-251)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to traffic laws; revising provisions relating to the
use of cellular telephones and other handheld wireless
communications devices by persons who are less than 18
years of age while operating a motor vehicle; providing a
civil penalty; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law, with certain exceptions, makes it a civil infraction to manually 1
type or enter text into a cellular telephone or other handheld wireless 2
communications device, or to send or read data using any such device to access or 3
search the Internet, while operating a motor vehicle. In addition, existing law, with 4
certain exceptions, makes it a civil infraction to use a cellular telephone or other 5
handheld wireless communications device to engage in voice communications with 6
another person while operating a motor vehicle, unless such device is used with a 7
hands-free accessory. (NRS 484B.165) 8
Under existing law, a person who violates these prohibitions against the use of 9
a cellular telephone or other handheld wireless communications device while 10
operating a motor vehicle is subject to a civil penalty of $50 for a first violation 11
within the immediately preceding 7 years, $100 for the second violation within the 12
immediately preceding 7 years and $250 for the third or subsequent violation 13
within the immediately preceding 7 years. (NRS 484B.165) If the violation is 14
committed in certain work zones or traffic control zones, or in a school zone, 15

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existing law imposes an additional penalty for the violation. (NRS 484B.130, 16
484B.135, 484B.165) 17
This bill makes it a civil infraction for a person who is less than 18 years of age 18
to use a cellular telephone or handheld wireless communications device for any 19
purpose while operating a motor vehicle, including, without limitation, engaging in 20
voice communications with another person, regardless of whether or not a hands -21
free accessory is used, except in certain emergency circumstances or when using a 22
voice-operated global positioning or navigation system that is affixed to the 23
vehicle. Under this bill, a peace officer is: (1) p rohibited from stopping a motor 24
vehicle for the sole purpose of determining whether a person is violating such 25
provisions; and (2) authorized to issue a civil infraction citation for such a violation 26
only if the violation is discovered while the vehicle is stopped or the driver is 27
arrested for another offense. A person who violates this bill is subject to the same 28
civil penalties as a person who violates the existing prohibition against the use of a 29
cellular telephone or other handheld wireless communicatio ns device while 30
operating a motor vehicle. (NRS 484B.130, 484B.135, 484B.165) 31

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 484B.165 is hereby amended to read as 1
follows: 2
484B.165 1. Except as otherwise provided in this section, a 3
person shall not, while operating a motor vehicle on a highway in 4
this State: 5
(a) Manually type or enter text into a cellular telephone or other 6
handheld wireless communications device, or send or read data 7
using any such device to access or search the Internet or to engage 8
in nonvoice communications with another perso n, including, 9
without limitation, texting, electronic messaging and instant 10
messaging. 11
(b) Use a cellular telephone or other handheld wireless 12
communications device to engage in voice communications with 13
another person, unless the device is used with an a ccessory which 14
allows the person to communicate without using his or her hands, 15
other than to activate, deactivate or initiate a feature or function on 16
the device. 17
2. Except as otherwise provided in this section, a person who 18
is less than 18 years of age shall not, while operating a motor 19
vehicle on a highway in this State, use a cellular telephone or 20
other handheld wireless communications device for any purpose, 21
including, without limitation, using a cellular telephone or other 22
handheld wireless communications device to engage in voice 23
communications, regardless of whether the device is used with an 24
accessory which allows the person to communicate without using 25
his or her hands. A peace officer shall not stop a motor vehicle for 26
the sole purpose of determining whether the driver of the motor 27

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vehicle is violating this subsection. A civil infraction citation may 1
be issued for a violation of this subsection only if the viol ation is 2
discovered when the motor vehicle is halted or its driver is arrested 3
for another alleged violation or offense. This subsection does not 4
prohibit a peace officer from stopping a motor vehicle for a 5
suspected violation of subsection 1. 6
3. The provisions of this section do not apply to: 7
(a) A paid or volunteer firefighter, emergency medical 8
technician, advanced emergency medical technician, paramedic, 9
ambulance attendant or other person trained to provide emergency 10
medical services who is acting within the course and scope of his or 11
her employment. 12
(b) A law enforcement officer or any person designated by a 13
sheriff or chief of police or the Director of the Department of Public 14
Safety who is acting within the course and scope of his or her 15
employment. 16
(c) A person who is reporting a medical emergency, a safety 17
hazard or criminal activity or who is requesting assistance relating 18
to a medical emergency, a safety hazard or criminal activity. 19
(d) A person who is responding to a situation requiring 20
immediate action to protect the health, welfare or safety of the 21
driver or another person and stopping the vehicle would be 22
inadvisable, impractical or dangerous. 23
(e) A person who is licensed by the Federal Communications 24
Commission as an amateur radio opera tor and who is providing a 25
communication service in connection with an actual or impending 26
disaster or emergency, participating in a drill, test, or other exercise 27
in preparation for a disaster or emergency or otherwise 28
communicating public information. 29
(f) An employee or contractor of a public utility who uses a 30
handheld wireless communications device: 31
(1) That has been provided by the public utility; and 32
(2) While responding to a dispatch by the public utility to 33
respond to an emergency, including, without limitation, a response 34
to a power outage or an interruption in utility service. 35
[3.] 4. The provisions of this section do not prohibit the use of 36
a voice -operated global positioning or navigation system that is 37
affixed to the vehicle. 38
[4.] 5. A person who violates any provision of [subsection 1] 39
this section is guilty of a civil infraction punishable pursuant to 40
NRS 484A.703 to 484A.705, inclusive, and: 41
(a) For the first violation within the immediately preceding 7 42
years, shall pay a civil penalty of $50. 43
(b) For the second violation within the immediately preceding 7 44
years, shall pay a civil penalty of $100. 45

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(c) For the third or subsequent violation within the immediately 1
preceding 7 years, shall pay a civil penalty of $250. 2
[5.] 6. A person who violates any provision of [subsection 1] 3
this section may be subject to any additional penalty set forth in 4
NRS 484B.130 or 484B.135. 5
[6.] 7. The Department of Motor Vehicles shall not treat a first 6
violation of this section in the manner st atutorily required for a 7
moving traffic violation. 8
[7.] 8. For the purposes of this section, a person shall be 9
deemed not to be operating a motor vehicle if the motor vehicle is 10
driven autonomously and the autonomous operation of the motor 11
vehicle is authorized by law. 12
[8.] 9. As used in this section: 13
(a) “Handheld wireless communications device” means a 14
handheld device for the transfer of information without the use of 15
electrical conductors or wires and includes, without limitation, a 16
cellular telephone, a personal digital assistant, a pager and a text 17
messaging device. The term does not include a device used for two -18
way radio communications if: 19
(1) The person using the device has a license to operate the 20
device, if required; and 21
(2) All the controls for operating the device, other than the 22
microphone and a control to speak into the microphone, are located 23
on a unit which is used to transmit and receive communications and 24
which is separate from the microphone and is not intended to be 25
held. 26
(b) “Public utility” means a supplier of electricity or natural gas 27
or a provider of telecommunications service for public use who is 28
subject to regulation by the Public Utilities Commission of Nevada. 29
Sec. 2. This act becomes effective on July 1, 2025. 30

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