Bill Text: IN HB1060 | 2010 | Regular Session | Introduced
Bill Title: Use of telecommunications devices while driving.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-05 - First reading: referred to Committee on Public Policy [HB1060 Detail]
Download: Indiana-2010-HB1060-Introduced.html
Citations Affected: IC 9-13-2-195.7; IC 9-21-22; IC 9-24-11.
Synopsis: Use of telecommunications devices while driving. Prohibits
the use of a handheld personal communications device by a motor
vehicle operator who is at least 18 years of age and holds an operator's
license, including a probationary license. Exempts individuals in
emergency situations. Imposes civil penalties for violations. Provides
for the deposit of the penalties in the state general fund. Make
conforming amendments.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Public Policy.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Chapter 22. Use of Telecommunications Devices
Sec. 1. As used in this chapter, "using a telecommunications device" includes using a telecommunications device to communicate orally or in writing or text.
Sec. 2. (a) This section applies to an individual who:
(1) is at least eighteen (18) years of age; and
(2) holds an operator's license, including a probationary license issued under IC 9-24-11-3 or IC 9-24-11-3.3.
(b) Except as provided in sections 3 and 4 of this chapter, an
individual shall not operate a motor vehicle while using a
telecommunications device unless:
(1) the individual uses the telecommunications device only for
oral communication; and
(2) the telecommunications device:
(A) has an internal feature or function; or
(B) is equipped with an attachment or addition;
by which the individual engages in the oral communication
without the use of either hand. However, the individual may
use the individual's hand or hands to initiate or terminate the
oral communication.
Sec. 3. Section 2 of this chapter does not apply to an operator of:
(1) an authorized emergency vehicle;
(2) a medical services vehicle;
(3) a privately owned vehicle if:
(A) the operator or a passenger in the vehicle is a volunteer
firefighter en route to the scene of a fire or other
emergency in the line of duty; and
(B) a blue light is displayed on the vehicle under
IC 36-8-12-11; or
(4) a privately owned vehicle if:
(A) the operator or a passenger in the vehicle is a certified:
(i) paramedic;
(ii) emergency medical technician-intermediate;
(iii) emergency medical technician-basic advanced;
(iv) emergency medical technician;
(v) emergency medical service driver; or
(vi) emergency medical service first responder;
en route to the scene of emergency medical service
activities in the line of duty; and
(B) a green light is displayed on the vehicle under
IC 9-19-14.5-1.
Sec. 4. Section 2 of this chapter does not apply to an operator of
a motor vehicle who uses a telecommunications device in an
emergency situation to:
(1) transmit an emergency call (as defined in IC 35-45-2-3(c))
or other emergency communication;
(2) contact a health care provider (as defined in
IC 16-18-2-163);
(3) contact a police and law enforcement system established
under IC 36-8-2-2; or
(4) contact a firefighting and fire prevention system
established under IC 36-8-2-3.
Sec. 5. An individual who violates section 2 of this chapter is
subject to a civil penalty as follows:
(1) Twenty-five dollars ($25) for the first violation.
(2) Fifty dollars ($50) for the second violation.
(3) One hundred dollars ($100) for the third and each
subsequent violation.
Penalties collected under this subsection shall be deposited in the
state general fund.
Sec. 6. The bureau may not assess points under the point system
for a violation of this chapter.
(b) A person who:
(1) has been issued a permit or license on which there is a printed or stamped restriction as provided under section 7 of this chapter; and
(2) operates a motor vehicle in violation of the restriction;
commits a Class C misdemeanor. The license of a person who violates this subsection may be suspended in the manner provided for the suspension or revocation of an operator's license.
(c) A person who causes serious bodily injury to or the death of another person when operating a motor vehicle after knowingly or intentionally failing to take prescribed medication, the taking of which was a condition of the issuance of the operator's restricted license under section 7 of this chapter, commits a Class A misdemeanor. However, the offense is a Class D felony if, within the five (5) years preceding the commission of the offense, the person had a prior unrelated conviction under this subsection.
(d) A person who violates subsection (c) commits a separate offense for each person whose serious bodily injury or death is caused by the violation of subsection (c).
(e) A person who violates section 3.3(b)(4) of this chapter is subject to a civil penalty as follows:
(1) Twenty-five dollars ($25) for the first violation.
(2) Fifty dollars ($50) for the second violation.
(3) One hundred dollars ($100) for the third and each subsequent violation.
Penalties collected under this subsection shall be deposited in the state general fund. The bureau may not assess points under the point system for a violation described in this subsection.