Amends TCA Title 4, Chapter 3; Title 39; Title 55, Chapter 8 and Title 65.

This bill revises the present law provisions that govern the use of mobile telephones and personal digital assistants while driving.<br /> <br /> PRESENT LAW<br /> <br /> Under present law:<br /> <br /> (1) A person is prohibited from using a hand-held mobile telephone or a hand-held personal digital assistant to transmit or read a written message while driving a motor vehicle on any public road or highway. Present law specifies that a driver may read, select, or enter a telephone number or name in a hand-held mobile telephone or a personal digital assistant for the purpose of making or receiving a telephone call;<br /> (2) It is a delinquent act for a person under 18 years of age to knowingly operate a motor vehicle on any road or highway in this state and use a mobile telephone or personal digital assistant that is equipped with a hands-free device to transmit or read a written message; and<br /> (3) A person 18 years of age or older is allowed to operate a motor vehicle on any road or highway in this state and use a mobile telephone or personal digital assistant that is equipped with a hands-free device to transmit or read a written message.<br /> <br /> The present law prohibitions apply to a person driving a motor vehicle that is in motion at the time a written message from a mobile telephone or hand-held personal digital assistant is transmitted or read by the person.<br /> <br /> A violation under present law is a Class C misdemeanor, subject only to imposition of a fine not to exceed $50.00 and court costs not to exceed $10.00, including, but not limited to, any statutory fees of officers. State and local litigation taxes are not applicable to a case prosecuted under present law. In addition to any fine imposed, upon a person's first offense, the person must attend and complete a driver education course.<br /> <br /> Present law exempts the following from the above-described prohibitions:<br /> <br /> (1) Officers of the state or of any county, city or town charged with the enforcement of the laws of the state, when in the actual discharge of their official duties;<br /> (2) Campus police officers and public safety officers when in the actual discharge of their official duties;<br /> (3) Emergency medical technicians, emergency medical technician-paramedics and firefighters, both volunteer and career, when in the actual discharge of their official duties;<br /> (4) Emergency management agency officers of the state or of any county, city or town, when in the actual discharge of their official duties; and<br /> (5) Persons using a mobile telephone or personal digital assistant to communicate with law enforcement agencies, medical providers, fire departments, or other emergency service agencies while driving a motor vehicle, if the use is necessitated by a bona fide emergency, including a natural or human occurrence that threatens human health, life, or property.<br /> <br /> THIS BILL<br /> <br /> This bill rewrites the prohibitions under present law to instead prohibit a person, while operating a motor vehicle on any road or highway in this state, from:<br /> <br /> (1) Physically holding or supporting, with any part of the person's body a:<br /> (A) Wireless telecommunications device; however, the person may use an earpiece, headphone device, or device worn on a wrist to conduct a voice-based communication; or<br /> (B) Stand-alone electronic device;<br /> (2) Writing, sending, or reading any text-based communication, including, but not limited to, a text message, instant message, email, or internet data on a wireless telecommunications device or stand-alone electronic device; however, the person may use a voice-based communication that is automatically converted by such devices to be sent as a message in a written form and use such devices for navigation of the motor vehicle for global positioning system purposes;<br /> (3) Watching a video or movie on a wireless telecommunications device or stand-alone electronic device other than watching data related to the navigation of the motor vehicle; or<br /> (4) Recording or broadcasting video on a wireless telecommunications device or stand-alone electronic device; however the person may use an electronic device that is for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle.<br /> <br /> This bill also prohibits a person, while operating a commercial motor vehicle on any road or highway in this state, from:<br /> (1) Using more than a single button on a wireless telecommunications device to initiate or terminate a voice communication; or<br /> (2) Reaching for a wireless telecommunications device or stand-alone electronic device in a manner that requires the driver to no longer be in a seated driving position or properly restrained by a safety belt.<br /> <br /> The penalties from the prohibition will be the same under this bill as they are under present law (described above). This bill does specify that each violation constitutes a separate offense. This bill directs the department of safety to include distracted driving as part of the instructional information used in driver education training.<br /> <br /> The exemptions under this bill are the same as those described above under present law, except that this bill adds the following two exemptions: <br /> <br /> (1) Employers or contractors of utility services providers acting within the scope of their employment while responding to a utility emergency; and<br /> (2) Persons who are lawfully parked in their motor vehicles (this bill removes the present law statement that the prohibitions apply to a person driving a motor vehicle that is in motion at the time a written message from a mobile telephone or hand-held personal digital assistant is transmitted or read by the person).<br /> <br />