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--------------------------------------------------------- ¦ REFERENCE TITLE: cellular telephones; use while driving ¦ --------------------------------------------------------- ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ Senate ¦ ¦ Forty-fifth Legislature ¦ ¦ Second Regular Session ¦ ¦ 2002 ¦ ¦ ¦ --------------------------------------------------------- ¦ SB 1003 ¦ --------------------------------------------------------- ¦ Introduced by ¦ ¦ Senator Smith ¦ ---------------------------------------------------------
AN ACT
AMENDING TITLE 28, CHAPTER 3, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 21; RELATING TO THE USE OF CELLULAR TELEPHONES WHILE DRIVING.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 28, chapter 3, Arizona Revised Statutes, is amended by adding article 21, to read:
ARTICLE 21. USE OF CELLULAR TELEPHONES WHILE DRIVING
28-1191. Definitions
IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
1. "CELLULAR TELEPHONE" MEANS AN ANALOG OR DIGITAL WIRELESS TELEPHONE AUTHORIZED BY THE FEDERAL COMMUNICATIONS COMMISSION TO OPERATE IN THE FREQUENCY BANDWIDTH RESERVED FOR CELLULAR RADIOPHONES.
2. "ENGAGE IN A CALL":
(a) MEANS TALKING INTO OR LISTENING ON A HANDHELD CELLULAR TELEPHONE.
(b) DOES NOT INCLUDE HOLDING A CELLULAR TELEPHONE TO ACTIVATE, DEACTIVATE OR INITIATE A FUNCTION OF THE CELLULAR TELEPHONE.
3. "HANDHELD CELLULAR TELEPHONE" MEANS A CELLULAR TELEPHONE WITH WHICH A USER ENGAGES IN A CALL USING AT LEAST ONE HAND.
4. "HANDS-FREE CELLULAR TELEPHONE" MEANS A CELLULAR TELEPHONE THAT HAS AN INTERNAL FEATURE OR FUNCTION, OR THAT IS EQUIPPED WITH AN ATTACHMENT OR ADDITION, WHETHER OR NOT PERMANENTLY PART OF THE CELLULAR TELEPHONE, BY WHICH A USER ENGAGES IN A CALL WITHOUT THE USE OF EITHER HAND, WHETHER OR NOT THE USE OF EITHER HAND IS NECESSARY TO ACTIVATE, DEACTIVATE OR INITIATE A FUNCTION OF THE CELLULAR TELEPHONE.
5. "IMMEDIATE PROXIMITY" MEANS THE DISTANCE THAT PERMITS THE USER OF A CELLULAR TELEPHONE TO HEAR TELECOMMUNICATIONS TRANSMITTED OVER THE CELLULAR TELEPHONE BUT THAT DOES NOT REQUIRE PHYSICAL CONTACT WITH THE USER'S EAR.
6. "USING" MEANS HOLDING A CELLULAR TELEPHONE TO, OR IN THE IMMEDIATE PROXIMITY OF, THE USER'S EAR.
28-1192. Use of cellular telephones while driving; prohibition; exceptions
A. A PERSON SHALL NOT OPERATE A MOTOR VEHICLE ON A HIGHWAY WHILE USING A CELLULAR TELEPHONE TO ENGAGE IN A CALL WHILE THE MOTOR VEHICLE IS IN MOTION.
B. AN OPERATOR OF A MOTOR VEHICLE WHO HOLDS A CELLULAR TELEPHONE TO, OR IN THE IMMEDIATE PROXIMITY OF, THE OPERATOR'S EAR WHILE THE MOTOR VEHICLE IS IN MOTION IS PRESUMED TO BE ENGAGING IN A CALL. THIS PRESUMPTION IS REBUTTABLE BY EVIDENCE TENDING TO SHOW THAT THE OPERATOR WAS NOT ENGAGED IN A CALL.
C. THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING:
1. LAW ENFORCEMENT AND SAFETY PERSONNEL.
2. DRIVERS OF AUTHORIZED EMERGENCY VEHICLES.
3. HOLDERS OF COMMERCIAL DRIVER LICENSES WHILE DRIVING WITHIN THE SCOPE OF THEIR EMPLOYMENT.
4. PUBLIC TRANSIT PERSONNEL.
5. A PERSON WHO IS REPORTING RECKLESS OR NEGLIGENT BEHAVIOR.
6. A PERSON WHO BELIEVES THE PERSON IS IN PHYSICAL DANGER IF THE PERSON IS THE ONLY ADULT IN THE MOTOR VEHICLE.
7. THE USE OF A CELLULAR TELEPHONE FOR THE SOLE PURPOSE OF COMMUNICATING WITH ANY OF THE FOLLOWING REGARDING AN EMERGENCY SITUATION:
(a) AN EMERGENCY RESPONSE OPERATOR.
(b) A HOSPITAL, PHYSICIAN'S OFFICE OR HEALTH CLINIC.
(c) A PROVIDER OF AMBULANCE SERVICES.
(d) A PROVIDER OF FIRE FIGHTING SERVICES.
(e) A LAW ENFORCEMENT AGENCY.
8. A PERSON WHO IS OPERATING AN AMATEUR RADIO AND WHO HOLDS AN UNREVOKED AND UNEXPIRED AMATEUR RADIO STATION LICENSE ISSUED BY THE FEDERAL COMMUNICATIONS COMMISSION.
9. THE USE OF A HANDS-FREE CELLULAR TELEPHONE.
28-1193. Nonmoving violation; civil penalties; accident reports
A. A VIOLATION OF THIS ARTICLE IS A NONMOVING CIVIL TRAFFIC VIOLATION.
B. IF A PERSON VIOLATES THIS ARTICLE AND THE PERSON IS NOT INVOLVED IN A MOTOR VEHICLE ACCIDENT, THE PERSON IS SUBJECT TO A CIVIL PENALTY OF FIFTY DOLLARS.
C. IF A PERSON VIOLATES THIS ARTICLE AND THE PERSON IS INVOLVED IN A MOTOR VEHICLE ACCIDENT, THE PERSON IS SUBJECT TO A CIVIL PENALTY OF TWO HUNDRED DOLLARS.
D. IF A PERSON IS CITED FOR VIOLATING THIS ARTICLE, THE PERSON IS INVOLVED IN A MOTOR VEHICLE ACCIDENT AND A WRITTEN ACCIDENT REPORT IS REQUIRED PURSUANT TO ARTICLE 4 OF THIS CHAPTER, THE LAW ENFORCEMENT OFFICER INVESTIGATING THE ACCIDENT SHALL INDICATE ON THE WRITTEN ACCIDENT FORM THE USE OF A CELLULAR TELEPHONE AT THE TIME OF THE ACCIDENT.
Sec. 2. Warning period
For the purpose of informing and educating persons who operate motor vehicles, beginning on September 1, 2002 through September 30, 2002, any law enforcement officer authorized to issue traffic complaints may stop motor vehicles and issue verbal warnings to persons who would be violating section 28-1192, Arizona Revised Statutes, as added by this act, if it was effective on the day the warning is issued.
Sec. 3. Effective date
Title 28, chapter 3, article 21, Arizona Revised Statutes, as added by this act, is effective from and after September 30, 2002.