Use of mobile communications while driving.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0173

SENATE FILE

NO.
SF0064

Use of
m
obile
c
ommunications
w
hile
dr
iving.

Sponsored by:

Senator(s) Esquibel, F. and
Representative(s) Hammons, Illoway and McOmie

A BILL

for

AN ACT relating to
motor vehicles; prohibiting the use of cellular and satellite telephones while driving
as specified
; 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 shal
l use a cellular or satellite
telephone in any manner, including the reading or sending of text or electronic mail messages on the telephone,
while operati
ng a motor vehicle unless the
telephone is specifically
designed to allow hands-free
operation and the telephone is so used. This section shall not apply to a perso
n who is using the cellular or satellite telephone:

(i)

While the vehic
le is lawfully parked; or

(ii)

To contact
an emergency response vehicle.

(b)

This secti
on shall not apply to a person
operating an emergency res
ponse vehicle while performing official duties.

(c)

Any person who operates a motor vehicle in

violation of this section sha
ll be subject to the monetary
penalties p
rovided by W.S. 31
‑
5
‑
1201(b).

(d)

As used in this section:

(i)

"Cellu
lar telephone" means a mobile
communication device that uses
short-wave analog or digital
radio transmissions be
tween the device and a nearby
transmitter to permit wireles
s telephone communications to
and from the user of the de
vice within a specified area.
"Cellular telephone" shall
not include a citizen's band radio;

(ii)

"Citize
n'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;

(iii)

"Emergen
cy response vehicle" means any
ambulance, fire depart
ment, law enforcement or civil
defense vehicle or ot
her vehicle used primarily for emergency purposes;

(iv)

"Satell
ite 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 te
lephone communications to and
from the user. "Satellite t
elephone" shall not include a citizen's band radio.

Section 2.

This act is ef
fective July 1, 2009
.

(END)

1
SF0064