Bill Text: WV HB2043 | 2018 | Regular Session | Introduced
Bill Title: Placing penalty points on driver’s licenses for using electronic communications devices while operating a motor vehicle
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-10 - To House Roads and Transportation [HB2043 Detail]
Download: West_Virginia-2018-HB2043-Introduced.html
WEST virginia Legislature
2017 regular session
By
By Request
[
to the Committee on Roads and Transportation then the Judiciary.
A BILL to amend and
reenact §17C-14-15 of the Code of West Virginia, 1931, as amended, relating to
increasing driver’s license penalties for using wireless communication devices
while operating a vehicle.
Be it enacted by the
Legislature of West Virginia:
That §17C-14-15 of the
Code of West Virginia, 1931, as amended, be amended and reenacted to read as
follows:
ARTICLE 14. MISCELLANEOUS RULES.
§17C-14-15. Prohibited
use of an electronic communications device driving without handheld features;
definitions; exceptions; penalties.
(a) Except as provided in
subsection (c) of this section, a person may not drive or operate a motor
vehicle on a public street or highway while:
(1) Texting; or
(2) Using a cell phone or
other electronic communications device, unless the use is accomplished by hands-free
equipment.
(b) For purposes of this
section, the following terms shall mean:
(1) "Cell phone"
shall mean a cellular, analog, wireless or digital telephone.
(2) "Driving" or
"operating a motor vehicle" means operating a motor vehicle, with the motor
running, including while temporarily stationary because of traffic, a traffic
control device, or other momentary delays, but does not include operating a
motor vehicle after the driver has moved the vehicle to the side of, or off, a
highway and halted in a location where the vehicle can safely remain
stationary.
(3) "Electronic communication device" means a cell telephone, personal digital assistant,
electronic device with mobile data access, laptop computer, pager, broadband
personal communication device, two-way messaging device, electronic game, or
portable computing device. For the purposes of this section, an "electronic communication device" does not include:
(A) Voice radios, mobile radios, land mobile radios,
commercial mobile radios or two way radios with the capability to transmit and
receive voice transmissions utilizing a push-to-talk or press-to-transmit
function; or
(B) Other voice radios used
by a law-enforcement officer, an emergency services provider, an employee or
agent of public safety organizations, first responders, Amateur Radio Operators (HAM) licensed by the Federal Communications Commission
and school bus operators.
(4) "Engaging in a call" means when a person talks into or listens on an electronic
communication device, but shall not include when a person dials or enters a
phone number on a pushpad or screen to initiate the call.
(5) "Hands-free electronic communication device" means an electronic communication device that has an
internal feature or function, or that is equipped with an attachment or
addition, whether or not permanently part of such electronic communication
device, by which a user engages in a call without the use of either hand or
both hands.
(6) "Hands-free equipment" means the internal feature or function of a
hands-free electronic communication device or the attachment or addition to a
hands-free electronic communication device by which a user may engage in a call
or text without the use of either hand or both hands.
(7) "Texting"
means manually entering alphanumeric text into, or reading text from, an
electronic communication device, and includes, but is not limited to, short
message service, e-mailing, instant messaging, a command or request to access a
World Wide Web page or engaging in any other form of electronic text retrieval
or entry, for present or future communication. For purposes of this section, "texting"
does not include the following actions:
(A) Reading, selecting or entering a telephone number,
an extension number, or voicemail retrieval codes and commands into an
electronic device by the pressing the device in order to initiate or receive a
phone call or using voice commands to initiate or receive a telephone call;
(B) Inputting, selecting or
reading information on a global positioning system or navigation system; or
(C) Using a device capable
of performing multiple functions, including fleet management systems,
dispatching devices, smart phones, citizens band radios or music players, for a
purpose that is not otherwise prohibited in this section.
(8) "Using a cell phone or other electronic communication
device" means holding in a person's hand or hands an electronic communication device
while:
(A) Viewing or transmitting
images or data;
(B) Playing games;
(C) Composing, sending,
reading, viewing, accessing, browsing, transmitting, saving or retrieving
e-mail, text messages or other electronic data; or
(D) Engaging in a call.
(c) Subsection (a) of this
section shall not apply to:
(1) A law-enforcement officer,
a firefighter, an emergency medical technician, a paramedic or the operator of
an authorized emergency vehicle in the performance of their official duties;
(2) A person using an
electronic communication device to report to appropriate authorities a fire, a
traffic accident, a serious road hazard, or a medical or hazardous materials
emergencies.
(3) The activation or
deactivation of hands-free equipment or a function of hands-free equipment.
(d) This section does not
supersede the provisions of section three-a, article two, chapter seventeen-b
of this code or any more restrictive provisions for drivers of commercial motor
vehicles prescribed by the provisions of chapter seventeen-e of this code or
federal law or rule.
(e) Any person who violates
the provisions of subsection (a) of this section is guilty of a traffic offense
and, upon conviction thereof, shall for a first offense be fined $100; for a
second offense be fined $200; and for a third or subsequent offense be fined
$300. No court costs or other fees shall be assessed for a violation of
subsection (a) of this section.
(f) Notwithstanding any
other provision of this code to the contrary, points may not be entered on
any driver's record maintained by
the Division of Motor Vehicles as a result of a violation of this section,
except for the third and subsequent convictions of the offense, for which three
points shall be entered on any driver's
record maintained by the Division of Motor Vehicles using an electronic communication device while
operating a vehicle in violation of this section will result in points entered
on any driver’s record maintained by the Division of Motor Vehicles. A penalty
of three points for the second offense and five points for the third offense
shall be entered on any driver’s record maintained by the Division of Motor
Vehicles.
(g) Driving or operating a
motor vehicle on a public street or highway while texting shall be enforced as
a primary offense. Driving or operating a motor vehicle on a public street or
highway while using a cell phone or other electronic communication device
without hands-free equipment shall be enforced as a secondary offense until
July 1, 2013, when it shall be enforced as a primary offense for purposes of
citation.
(h) Within ninety days of
the effective date of this section, the Department of Transportation shall
cause to be erected signs upon any highway entering the State of West Virginia
on which a welcome to West Virginia sign is posted, and any other highway where
the Division of Highways deems appropriate, posted at a distance of not more
than one mile from each border crossing, each sign to bear an inscription
clearly communicating to motorists entering the state that texting, or the use
of a wireless communication device without hands-free equipment, is illegal
within this state.
(i) Nothing contained in
this section shall be construed to authorize seizure of a cell phone or
electronic device by any law-enforcement agency.
(j) No policy providing
liability coverage for personal lines insurance shall contain a provision which
may be used to deny coverage or exclude payment of any legal damages
recoverable by law for injuries proximately caused by a violation of this
section, as long as such amounts are within the coverage limits of the insured.
NOTE: The purpose of this bill is
to place penalty points on driver’s licenses for using electronic
communications devices while operating a motor vehicle.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.