Bill Text: IA HF521 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act concerning the use of a mobile telephone while driving and providing penalties.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2015-03-05 - Introduced, referred to Transportation. H.J. 476. [HF521 Detail]
Download: Iowa-2015-HF521-Introduced.html
House File 521 - Introduced HOUSE FILE BY THEDE, STUTSMAN, BEARINGER, and HANSON A BILL FOR 1 An Act concerning the use of a mobile telephone while driving 2 and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1945YH (3) 86 ns/nh PAG LIN 1 1 Section 1. Section 321.1, Code 2015, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 39. "Mobile telephone" means as defined in 1 4 49 C.F.R. {383.5. 1 5 Sec. 2. Section 321.210, subsection 2, paragraph e, Code 1 6 2015, is amended to read as follows: 1 7 e. Violations ofsectionsections 321.276 and 321.276A. 1 8 Sec. 3. Section 321.276, subsection 1, paragraph a, Code 1 9 2015, is amended by striking the paragraph and inserting in 1 10 lieu thereof the following: 1 11 a. "Fixed unit global positioning system or navigation 1 12 system" means an electronic device that is mounted inside a 1 13 motor vehicle and is capable of providing navigation directions 1 14 to a driver based on data entered into the device prior to 1 15 operating the motor vehicle. 1 16 Sec. 4. Section 321.276, subsection 2, paragraph a, Code 1 17 2015, is amended to read as follows: 1 18 a. A person does not violate this section by using a fixed 1 19 unit global positioning system or navigation systemor when, 1 20 for the purpose of engaging in a call, the person selects 1 21 or enters a telephone number or name in a hand=held mobile 1 22 telephone or activates, deactivates, or initiates a function of 1 23 a hand=held mobile telephoneto receive navigation directions, 1 24 provided that the person does not manually enter data into the 1 25 fixed unit global positioning system or navigation system while 1 26 operating the motor vehicle. 1 27 Sec. 5. NEW SECTION. 321.276A Use of mobile telephone while 1 28 driving. 1 29 1. A person shall not drive a motor vehicle while using a 1 30 mobile telephone unless the mobile telephone is specifically 1 31 designed and configured to allow hands=free listening and 1 32 talking and is used in that manner while driving. 1 33 2. This section does not apply to the following persons: 1 34 a. A member of a public safety agency, as defined in section 1 35 34.1, performing official duties. 2 1 b. A health care professional in the course of an emergency 2 2 situation. 2 3 c. A person receiving safety=related information including 2 4 emergency, traffic, or weather alerts. 2 5 d. The driver of a motor vehicle when the motor vehicle is 2 6 at a complete stop off the traveled portion of the roadway. 2 7 3. Nothing in this section shall be construed to authorize a 2 8 peace officer to confiscate a mobile telephone from the driver 2 9 or occupant of a motor vehicle. 2 10 4. a. A person convicted of a violation of this section 2 11 is guilty of a simple misdemeanor punishable as a scheduled 2 12 violation under section 805.8A, subsection 14, paragraph "m". 2 13 b. A violation of this section shall not be considered a 2 14 moving violation for purposes of this chapter or rules adopted 2 15 pursuant to this chapter. 2 16 5. A peace officer shall not stop or detain a person solely 2 17 for a suspected violation of this section. This section is 2 18 enforceable by a peace officer only as a secondary action when 2 19 the driver of a motor vehicle has been stopped or detained for 2 20 a suspected violation of another provision of this chapter, a 2 21 local ordinance equivalent to a provision of this chapter, or 2 22 other law. 2 23 Sec. 6. Section 321.482A, unnumbered paragraph 1, Code 2 24 2015, is amended to read as follows: 2 25 Notwithstanding section 321.482, a person who is convicted 2 26 of operating a motor vehicle in violation of section 321.178, 2 27 subsection 2, paragraph "a", subparagraph (2), section 2 28 321.180B, subsection 6, section 321.194, subsection 1, 2 29 paragraph "d", section 321.256, section 321.257, section 2 30 321.275, subsection 4, section 321.276, 321.276A, 321.297, 2 31 321.298, 321.299, 321.302, 321.303, 321.304, 321.305, 321.306, 2 32 321.307, 321.308, section 321.309, subsection 2, or section 2 33 321.311, 321.319, 321.320, 321.321, 321.322, 321.323, 321.324, 2 34 321.324A, 321.327, 321.329, 321.333, or 321.372, subsection 3, 2 35 causing serious injury to or the death of another person may be 3 1 subject to the following penalties in addition to the penalty 3 2 provided for a scheduled violation in section 805.8A or any 3 3 other penalty provided by law: 3 4 Sec. 7. Section 321.555, subsection 2, Code 2015, is amended 3 5 to read as follows: 3 6 2. Six or more of any separate and distinct offenses within 3 7 a two=year period in the operation of a motor vehicle, which 3 8 are required to be reported to the department by section 3 9 321.491 or chapter 321C, except equipment violations, parking 3 10 violations as defined in section 321.210, violations of 3 11 registration laws, violations of sections 321.445 and 321.446, 3 12 violations ofsectionsections 321.276 and 321.276A, operating 3 13 a vehicle with an expired license or permit, failure to appear, 3 14 weights and measures violations and speeding violations of less 3 15 than fifteen miles per hour over the legal speed limit. 3 16 Sec. 8. Section 805.8A, subsection 14, Code 2015, is amended 3 17 by adding the following new paragraph: 3 18 NEW PARAGRAPH. m. Mobile telephone violations. For 3 19 violations under section 321.276A, the scheduled fine is thirty 3 20 dollars. 3 21 EXPLANATION 3 22 The inclusion of this explanation does not constitute agreement with 3 23 the explanation's substance by the members of the general assembly. 3 24 This bill prohibits a person from driving a motor vehicle 3 25 while using a mobile telephone unless the mobile telephone 3 26 is specifically designed and configured to allow hands=free 3 27 listening and talking and is used in that manner. The bill 3 28 does not apply to the driver of a motor vehicle when the motor 3 29 vehicle is at a complete stop off the roadway. In addition, 3 30 the bill exempts the following persons from the prohibition: a 3 31 member of a public safety agency performing official duties; 3 32 a health care professional in the course of an emergency 3 33 situation; and a person receiving safety=related information 3 34 including emergency, traffic, or weather alerts. These are the 3 35 same exemptions that currently apply under Iowa law prohibiting 4 1 text=messaging while driving. 4 2 The bill defines "mobile telephone" to mean the same 4 3 as defined in federal motor carrier safety administration 4 4 regulations. Under that definition, "mobile telephone" means 4 5 a mobile communication device that falls under or uses any 4 6 commercial mobile radio service, as defined in regulations of 4 7 the federal communications commission. The federal definition 4 8 explicitly excludes two=way or citizens band radio services. 4 9 The bill amends current provisions prohibiting 4 10 text=messaging while driving to specify that a person does not 4 11 violate the text=messaging provisions by using a fixed unit 4 12 global positioning system or navigation system. "Fixed unit 4 13 global positioning system or navigation system" is defined as 4 14 an electronic device mounted inside a motor vehicle and capable 4 15 of providing navigation directions to a driver based on data 4 16 entered into the device prior to operating the motor vehicle. 4 17 The bill also strikes a current exception to the prohibition 4 18 on text=messaging while driving which applies to a person 4 19 selecting or entering a telephone number or name in a hand=held 4 20 mobile telephone or activating, deactivating, or initiating a 4 21 function of a hand=held mobile telephone. 4 22 The penalties established in the bill mirror the penalties 4 23 currently applicable for text=messaging while driving. A 4 24 person who uses a mobile telephone while driving in violation 4 25 of the bill commits a simple misdemeanor punishable by 4 26 a scheduled fine of $30. The offense is not a moving 4 27 violation, and therefore cannot be considered for purposes of 4 28 administrative suspension of a driver's license or to establish 4 29 habitual offender status. However, if the violation causes a 4 30 serious injury, a court could impose an additional fine of $500 4 31 or suspend the person's driver's license for not more than 90 4 32 days, or both. If the violation causes a death, a court could 4 33 impose an additional fine of $1,000 or suspend the person's 4 34 driver's license for not more than 180 days, or both. 4 35 The ban on the use of a hand=held mobile telephone while 5 1 driving is enforceable only as a secondary action when a driver 5 2 has been stopped or detained for a suspected violation of 5 3 another law. The bill does not authorize a peace officer to 5 4 confiscate a mobile telephone from a driver or occupant of a 5 5 motor vehicle. LSB 1945YH (3) 86 ns/nh