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.

Sponsorship: Partisan Bill (Democrat 4)

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 of section sections 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 system or 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 telephone to 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 of section sections 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