Bill Text: AZ SB1135 | 2017 | Fifty-third Legislature 1st Regular | Introduced
Bill Title: Handheld communications devices; driving; prohibition
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2017-01-19 - Senate read second time [SB1135 Detail]
Download: Arizona-2017-SB1135-Introduced.html
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REFERENCE TITLE: handheld communications devices; driving; prohibition |
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State of Arizona Senate Fifty-third Legislature First Regular Session 2017
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SB 1135 |
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Introduced by Senators Farley: Fann; Representative Powers Hannley
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AN ACT
amending title 28, chapter 3, article 15, Arizona Revised Statutes, by adding section 28‑913; relating to the operation of vehicles.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 28, chapter 3, article 15, Arizona Revised Statutes, is amended by adding section 28-913, to read:
28-913. Using handheld wireless communications devices while operating motor vehicle; violation; classification; definition
A. While operating a motor vehicle on a highway in this state a person may not do either of the following:
1. Manually type or enter written or visual messages into a cellular telephone or other handheld wireless communications device or send or read data using any such device to access or search the Internet or to engage in nonvoice communications with another person, including texting, electronic messaging and instant messaging.
2. Use a cellular telephone or other handheld wireless communications device to engage in voice communications with another person, unless the device is used with an accessory that allows the person to communicate without using the person's hands other than to activate, deactivate or initiate a feature or function on the device.
B. Subsection A of this section does not apply to any of the following:
1. A paid or volunteer firefighter or an emergency medical technician, advanced emergency medical technician, paramedic, ambulance attendant or other person trained to provide emergency medical services while acting within the course and scope of the person's employment.
2. A law enforcement officer or any person designated by a sheriff or chief of police or the director of the department of public safety while acting within the course and scope of the person's employment.
3. A person who is reporting a medical emergency, a safety hazard or criminal activity or who is requesting assistance relating to a medical emergency, a safety hazard or criminal activity.
4. A person who is responding to a situation requiring immediate action to protect the health, welfare or safety of the driver or another person and stopping the vehicle would be inadvisable, impractical or dangerous.
5. A person who is licensed by the Federal Communications Commission as an amateur radio operator and who is providing a communication service in connection with an actual or impending disaster or emergency, participating in a drill, test or other exercise in preparation for a disaster or emergency or otherwise communicating public information.
6. An employee or contractor of a public utility who uses a handheld wireless communications device provided by the public utility While responding to a dispatch by the public utility to respond to an emergency, including a response to a power outage or an interruption in utility service.
C. This section does not prohibit the use of a voice-operated global positioning or navigation system that is affixed to the vehicle.
D. The department shall treat a first offense of this section as a nonmoving traffic violation.
E. For the purposes of this section, a person shall be deemed not to be operating a motor vehicle if the motor vehicle is driven autonomously through the use of artificial intelligence software and the autonomous operation of the motor vehicle is authorized by law.
F. A person who violates this section is guilty of a class __ misdemeanor and:
1. For a first violation within the immediately preceding seven years, is subject to a fine of one hundred dollars.
2. For a second violation within the immediately preceding seven years, is subject to a fine of three hundred dollars.
3. For a third or subsequent violation within the immediately preceding seven years, is subject to a fine of five hundred dollars.
G. For the purposes of this section, "Handheld wireless communications device":
1. Means a handheld device for the transfer of information without the use of electrical conductors or wires and includes a cellular telephone, a personal digital assistant, a pager and a text messaging device.
2. Does not include a device that is used for two‑way radio communications if The person using the device has a license to operate the device, if required, and All the controls for operating the device, other than the microphone and a control to speak into the microphone, are located on a unit that is used to transmit and receive communications and that is separate from the microphone and is not intended to be held.
