Text-based communications prohibited while driving.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0363.E1

SENATE FILE
NO.
SF0063

Text-based communications prohibited while driving.

Sponsored by:
Senator(s) Esquibel, F., Ross, Sessions and Von Flatern and Representative(s) Hammons, Illoway, McOmie and Throne

A BILL

for

AN ACT relating to
motor vehicles; prohibiting the use of
electronic wireless communication devices for sending
text or electronic mail messages
while operating a motor vehicle
; 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
electronic wireless communication devices

for electronic messaging
prohibited; exceptions; penalties.

(a)

No person shall operate a motor vehicle while using an electronic wireless communication device to write, send or read a text-based communication.
This section shall not apply to a person who is using the
electronic wireless communication device:

(i)

While the vehicle is lawfully parked;

(ii)

To contact an emergency response vehicle
;

or

(iii)

To write, read or send a text-based communication if the person reads, selects or enters a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call.

(b)

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

(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)

"
Electronic wireless communication device
" 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;

(ii)

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

(iii)

"Write, send or read a text-based communication" means using an electronic wireless communications device to manually communicate with any person using text-based communication including, but not limited to, communications referred to as a text message, instant message or electronic mail.

Section 2.

This act is effective July 1, 2009.

(END)

1
SF0063