H. B. 4472
Miley, Cann, Fragale, Iaquinta,
Beach, Caputo, Fleischauer, Hatfield,
Longstreth, Manchin and Marshall
February 12, 2010
; 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-14-3, relating
to prohibiting the use of a mobile communication device to
engage in text messaging or additional technologies while
operating a motor vehicle; exceptions; and penalties.
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-14-3, to read as
ARTICLE 14. MISCELLANEOUS RULES.
§17C-14-3. Use of mobile communication device to engage in text
messaging or additional technologies while driving
prohibited; exceptions; penalties.
(a) As used in this section, unless the context otherwise
(1) "Mobile communication device" means a cellular telephone or other device that enables a person to engage in text-based
communication or additional technology activities.
(2) "Additional technology" means access by the mobile
communication device to technologies including, but not limited to,
electronic mail, the Internet, music, games or a camera.
(b) A person may not use a handheld mobile communication
device to write, read, or send a text message as a means of
communicating with another person, or engage in additional
technology activities that require the motor vehicle operator to
hold the device in one of his or her hands while operating a moving
vehicle on the roadway.
(c) The provisions of this section do not apply to:
(1) The operator of any emergency vehicle;
(2) An operator who is lawfully stopped or parked;
(3) The use of a global positioning system (GPS); and
(4) The use of the mobile communication device for voice
transmitted communication and reception.
(d) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than $250; upon a second conviction, shall be fined
not more than $500; and upon a third or subsequent conviction,
shall be fined not more than $1,000.
NOTE: The purpose of this bill is to prohibit the use of a
handheld mobile communication device to engage in text messaging
and additional technology while operating a motor vehicle and to
provide a penalty for violations.
This section is new; therefore, it has been completely