H. B. 4047
(By Delegates Guthrie, Hatfield, Shook,
Miley and Webster)
[Introduced January 15, 2008; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §17C-1-67; to amend
said code by adding thereto two new sections, designated
§17C-14-15 and §17C-14-16, all relating to defining wireless
communication devices, use of hands-free and hand-held
wireless communication devices while driving, and school bus
drivers' use of wireless communication devices.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §17C-1-67; and that
said code be amended by adding thereto two new sections,
designated §17C-14-15 and §17C-14-16, all to read as follows:
ARTICLE 1. WORDS AND PHRASES DEFINED.
§17C-1-67. Wireless communication device.
"Wireless communication device" means a hand-held device
used to access a wireless telephone service or a text messaging device.
ARTICLE 14. MISCELLANEOUS RULES.
§17C-14-15. Use of hands-free and hand-held wireless
communication devices while driving; when permitted; penalty.
(a) The use of a wireless communication device by an
operator of a motor vehicle on a public road or highway is
unlawful except when the device is a hands-free wireless device
or the wireless communication device is used hands-free, provided
that the placement does not interfere with the operation of
federally required safety equipment and the operator exercises a
high degree of caution in the operation of a motor vehicle.
(b) The operator of a motor vehicle may use a hand-held
wireless telephone while driving with one hand on the steering
wheel only if:
(1) The operator has reason to fear for his or her life or
safety, or believes that a criminal act may be perpetrated
against himself or herself or another person; or
(2) The operator is using the wireless communication device
to report to appropriate authorities a fire, a traffic accident,
a serious road hazard or medical or hazardous materials
emergency, or to report the operator of another motor vehicle who
is driving in a reckless, careless or otherwise unsafe manner or
who appears to be driving under the influence of alcohol or
drugs. A wireless communications device user's telephone records or the testimony or written statements from appropriate
authorities receiving such calls shall be deemed sufficient
evidence of the existence of all lawful calls made under this
paragraph.
(c)(1) As used in this section, "hands-free wireless device"
means a mobile telephone that has an internal feature or
function, or that is equipped with an attachment or addition,
whether or not permanently part of such mobile telephone, by
which a user engages in a conversation without the use of either
hand: Provided, That this definition does not preclude the use
of either hand to activate, deactivate or initiate a function of
the telephone.
(2) "Use" of a wireless communication device includes, but
is not limited to, talking or listening to another person on the
telephone, text messaging, or sending an electronic message via
the wireless communication device.
(d) A person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall for
the first offense be fined one hundred dollars; for a second
offense be fined one hundred seventy-five dollars; and for a
third or subsequent offense be fined two hundred fifty dollars.
§17C-14-16. School bus drivers use of wireless communication
devices.
(a) It is unlawful for the driver of a school bus to use a wireless communication device while operating the school bus.
(b) The prohibition contained in subsection (a) of this
section does not apply:
(1) When the school bus is parked in a safe area off of a
highway; or
(2) In an emergency situation.
(c) A person who violates this section is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than two hundred fifty dollars nor more than five hundred
dollars.
NOTE: The purpose of this bill is to prohibit the use of
cell phone and text-messaging devices while operating a motor
vehicle except when using a hands-free device or in the case of
an emergency. This bill also prohibits the use of a cell phone
by a school bus driver other than in limited circumstances such
as an emergency.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.