Use of cell phones while driving.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0196

HOUSE BILL
NO.
HB0256

Use of cell phones while driving.

Sponsored by:
Representative(s) McOmie and Senator(s) Esquibel, F.

A BILL

for

AN ACT relating to
motor vehicles; prohibiting the use of cellular and satellite telephones 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 cellular and satellite telephones prohibited; exceptions; penalties.

(a)

No person shall use a cellular or satellite telephone
in any manner, including receiving or sending text or electronic mail messages on the telephone,
while operating a motor vehicle unless the telephone is specifically designed to allow hands-free operation and the telephone is so used
or the telephone is specifically designed for push-to-talk communication without dialing and the telephone is so used
. This section shall not apply to a person who is using the cellular or satellite telephone:

(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)

"Cellular telephone" means a mobile communication 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. "Cellular telephone" shall not include a citizen's band radio;

(ii)

"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
and includes, without limitation, two-way radios
;

(iii)

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

(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.

Section 2.

This act is effective July 1, 2009.

(END)

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HB0256