Use of wireless communications devices while driving.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0006

HOUSE BILL
NO.
HB0094

Use of wireless communications devices while driving.

Sponsored by:
Representative(s) Esquibel, F.

A BILL

for

AN ACT relating to motor vehicles; prohibiting the use of wireless communications devices while driving; providing exceptions; providing definitions; providing penalties; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1
.

W.S. 31
‑
5
‑
236 is created to read:

31
‑
5
‑
236.

Use of wireless communications device while driving prohibited; exceptions; penalties.

(a)

No person shall use a wireless communications device while operating a motor vehicle. This section shall not apply to a person who is using the wireless communications device:

(i)

While the vehicle is lawfully parked; or

(ii)

To contact an emergency response vehicle.

(b)

This section shall not apply to a person operating an emergency response vehicle while performing official duties.

(c)

Any person who operates a motor vehicle in violation of this section shall be subject to the monetary penalties provided by W.S. 31
‑
5
‑
1201(b).

(d)

As used in this section:

(i)

"Citizen's band radio" means a mobile communication device designed to allow for the transmission and receipt of radio communications on frequencies allocated for citizen's band (CB) radio service use. For purposes of this section, a citizen's band radio is not a wireless communications device;

(ii)

"Emergency response vehicle" means any ambulance, fire department, law enforcement or civil defense vehicle or other vehicle used primarily for emergency purposes;

(iii)

"Internet browsing device" means a computer or other electronic device that can be used to access, search and display the Internet, World Wide Web or a similar proprietary or common carrier electronic system;

(iv)

"Satellite telephone" means a mobile communication device that transmits and receives radio signals to and from one (1) or more satellites in earth's orbit to permit wireless telephone communications to and from the user. "Satellite telephone" shall not include a citizen's band radio;

(v)

"Wireless communications device" means:

(A)

A mobile electronic device that uses short
‑
wave analog or digital radio transmissions between the device and a nearby transmitter to permit wireless telephone communications to and from the user of the device within a specified area;

(B)

A satellite telephone;

(C)

A text messaging device;

(D)

An internet browsing device.

Section 2.

This act is effective July 1, 2008.

(END)

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HB0094