Cellular phone use prohibited while driving.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0362

SENATE FILE
NO.
SF0065

Cellular phone use prohibited
while driving
.

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

A BILL

for

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

(a)

No person
who holds a permit pursuant to W.S. 31
‑
7
‑
110 or a restricted driver's license pursuant to W.S. 31
‑
7-117(c)
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. 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
)

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).

(
c
)

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;

(i
ii
)

"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)

1
SF0065