STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 1220	By:	Johnson (Constance)

AS INTRODUCED

An Act relating to motor vehicles; amending Section 3, Chapter 108, O.S.L. 2003 (47 O.S. Supp. 2008, Section 11-901b), which relates to attentive driving; making gender neutral; prohibiting use of cellular telephones by operators of motor vehicles; providing exceptions; prescribing penalties; authorizing municipalities to enact certain ordinances; providing definitions; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 3, Chapter 108, O.S.L. 2003 (47 O.S. Supp. 2008, Section 11-901b), is amended to read as follows:
Section 11-901b.  A.  The operator of every vehicle, while driving, shall devote their his or her full time and attention to such driving.
No law enforcement officer shall issue a citation under this section subsection unless the operator of the vehicle is involved in an accident.
B.  A person shall not operate a motor vehicle on a street or highway while using a cellular telephone while the motor vehicle is in motion unless the person is engaging in a call on a cellular telephone that is equipped with a hands-free device.
C.  An operator of a motor vehicle who holds a cellular telephone to, or in the immediate proximity of, the operator’s ear while the motor vehicle is in motion is presumed to be engaging in a call.
D.  Subsection B of this section shall not apply to any of the following:
1.  Law enforcement and safety personnel;
2.  Drivers of authorized emergency vehicles;
3.  Holders of commercial driver licenses while driving within the scope of their employment;
4.  Public transit personnel;
5.  A person who is reporting criminal, reckless, or negligent behavior;
6.  A person who believes himself or herself to be in physical danger if that person is the only adult in the motor vehicle;
7.  The use of a cellular telephone for the sole purpose of communicating with any of the following regarding an emergency situation:
a.	an emergency response operator,
b.	a hospital, physician’s office or health clinic,
c.	a provider of ambulance services,
d.	a provider of firefighting services, or
e.	a law enforcement agency; or
8.  A person who is operating an amateur radio and who holds a current, valid amateur radio station license issued by the Federal Communications Commission.
E.  The Department of Public Safety shall not record or assess points for violations of this section on any license holder’s traffic record maintained by the Department.
F.  Fine and court costs for violating the provisions of subsection B of this section shall not exceed One Hundred Dollars ($100.00).
G.  Municipalities may enact and municipal police officers may enforce ordinances prohibiting and penalizing conduct under the provisions of this section, but the provisions of those ordinances shall be the same as provided for in this section, and the enforcement provisions of those ordinances shall not be more stringent than those of this section.
H.  As used in this section:
1.  “Cellular telephone” means an analog or digital wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular telephones;
2.  “Engage in a call” means talking into or listening on a handheld cellular telephone, but does not include holding a cellular telephone to activate, deactivate, or initiate a function of the cellular telephone;
3.  “Handheld cellular telephone” means a cellular telephone with which a user engages in a call using at least one hand;
4.  “Hands-free device” means an attachment, add-on or addition to a cellular telephone, whether or not permanently installed in a motor vehicle, that when used allows the motor vehicle operator to maintain both hands on the steering wheel;
5.  “Immediate proximity” means the distance that permits the user of a cellular telephone to hear telecommunications transmitted over the cellular telephone but that does not require physical contact with the user’s ear; and
6.  “Using a cellular telephone” means:
a.	holding a cellular telephone to, or in the immediate proximity of, the user’s ear, or
b.	pressing the buttons on a cellular telephone to use any of the functions of the cellular telephone.
SECTION 2.  This act shall become effective November 1, 2009.

52-1-374	MRB	1/15/2009 9:21:38 PM