Bill Text: IN SB0018 | 2011 | Regular Session | Amended
Bill Title: Handheld communication devices while driving.
Spectrum: Slight Partisan Bill (Republican 7-4)
Status: (Engrossed - Dead) 2011-03-28 - First reading: referred to Committee on Roads and Transportation [SB0018 Detail]
Download: Indiana-2011-SB0018-Amended.html
Citations Affected: IC 9-13; IC 9-21; IC 9-24.
Synopsis: Handheld communication devices while driving. Provides
that it is a Class C infraction for a person to use a telecommunications
device to type, transmit, or read a text message or electronic mail
message while operating a moving motor vehicle, with certain
exceptions. Allows a person to use hands free or voice operated
technology to transmit a text message or electronic mail message while
operating a moving motor vehicle. Provides, for purposes of the
prohibition against using a telecommunications device while operating
a motor vehicle, that "telecommunications device" does not include: (1)
amateur radio equipment operated by a person licensed by the Federal
Communications Commission as an amateur radio operator; or (2) a
communications system installed in a commercial vehicle weighing
more than 10,000 pounds. Prohibits a police officer from confiscating
a telecommunications device for the purpose of determining
compliance or confiscating a telecommunications device and retaining
it as evidence pending trial for the violation.
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Public Policy.
February 14, 2011, amended, reported favorably _ Do Pass.
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.
(1) wireless telephone;
(2) personal digital assistant;
(3) pager; or
(4) text messaging device.
(b) The term does not include:
(1) amateur radio equipment that is being operated by a person licensed as an amateur radio operator by the Federal Communications Commission under 47 CFR Part 97; or
(2) a communications system installed in a commercial vehicle weighing more than ten thousand (10,000) pounds.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 177.4. "Text message", for
purposes of IC 9-21-8, has the meaning set forth in IC 9-21-8-0.5.
(1) type a text message or an electronic mail message;
(2) transmit a text message or an electronic mail message; or
(3) read a text message or an electronic mail message;
while operating a moving motor vehicle unless the device is used in conjunction with hands free or voice operated technology.
(b) Subsection (a) does not apply to an operator of:
(1) a medical services vehicle;
(2) 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 in accordance with IC 36-8-12-11; or
(3) 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 in accordance with IC 9-19-14.5-1.
(c) A police officer may not:
(1) confiscate a telecommunications device for the purpose of determining compliance with subsection (a); or
(2) confiscate a telecommunications device and retain it as evidence pending trial for a violation of this section.
