HB4047 HR&T AM 2-13
Subcommittee A of the Committee on Roads and Transportation moves to amend the bill on page one, after the enacting clause, line 16, by striking the remainder of the bill and inserting in lieu thereof the following:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §17C-14-15, to read as follows:
ARTICLE 14. MISCELLANEOUS RULES.
§17C-14-15. Unlawful use of wireless communication devices while operating a motor vehicle; exceptions; penalty.
(a) Except as provided in subsection (b) of this section, no person may use a wireless communication device while operating a motor vehicle on a street or highway.
(b) The provisions of this section do not apply to the use of a wireless communications device while operating a motor vehicle if:
(1) The operator has reason to immediately fear for his or her life or safety, or believes that a criminal act is being perpetrated against himself or herself or another person while in the motor vehicle; or
(2) The operator is using the wireless communication device for emergency purposes to contact law enforcement or emergency services agencies or personnel including, but not limited to, reporting a criminal activity, a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency or other condition or disaster constituting an immediate threat of bodily injury or to the health or safety to the public; or
(3) The wireless communications device is a hands-free wireless communication device; or
(4) The motor vehicle is lawfully parked or safely stopped on the berm or shoulder of a street or highway; or
(5) The operator is a law enforcement officer or an emergency services provider employed by or is an agent of any agency of the state or any political subdivision thereof or the United States government that provides emergency services to the public, while operating an authorized emergency vehicle; or
(6) the vehicle is registered as a motor vehicle of the state or any political subdivision thereof or the United States government; or
(7)The vehicle is stopped or the movement of the vehicle is impeded as a result of an obstruction in the road ahead of the vehicle.
(c) As used in this section:
(1) "hands-free wireless communication device" means a wireless communication device that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of the device, by which a user engages in a conversation or communication 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 device.
(2) "Use a wireless communication device" means contacting, communicating with, talking or listening to another person or to access the internet on a wireless communication device, including, but not limited to, audio or video communication, text messaging, or any electronic communication; and
(3) "Wireless communication device" means a cellular, analog, wireless or digital communication device, computer or telephone capable of accessing, sending or receiving wireless electronic communications, including, but not limited to, a wireless telephone service, a wireless internet service or a wireless text messaging service.
(3) "Wireless communication device" means a cellular, analog, wireless or digital communication device, computer or telephone capable of accessing, sending or receiving wireless electronic communications, including, but not limited to, a wireless telephone service, a wireless internet service or a wireless text messaging service, but does not include voice radios, mobile radios, land mobile radios, commercial mobile radios or two-way radios with the capability to transmit and receive voice transmissions utilizing a "push to talk" or "press to transmit" function or other voice radios traditionally used by public safety organizations, first responders, school bus operators, taxi cabs or mobile commercial enterprises.
(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 not more than one hundred twenty-five dollars; for a second offense be fined not more than one hundred seventy-five dollars; and for a third or subsequent offense be fined not more than two hundred fifty dollars. No court costs or other fees may be assessed upon conviction for a violation of this section.
(e) The provisions of this section may be enforced only as a secondary action when a law enforcement officer has probable cause to detain arrest an operator of a motor vehicle for a suspected violation of another provision of this code or of a municipal ordinance.
(f) Notwithstanding any other provision of this code to the contrary, no points may be imposed or entered on the driver's record maintained by the division of motor vehicles of a person convicted of a violation of this section."
Adopted
Rejected