No. CS/HB 1241
Filed under Transportation.
Hands-free Driving; Prohibits person who violates careless driving provisions from operating vehicle while using wireless communications device in handheld manner; provides additional penalties for person who violates such provisions & operates vehicle while using such device in handheld manner; authorizes first-time offenders to participate in wireless communications device driving safety program in lieu of imposition of additional penalties; provides exceptions to such prohibition; requires law enforcement officer who stops vehicle for violation of such provisions & finds that operator of vehicle is also using such device in handheld manner to inform vehicle operator of his or her right to decline search of his or her wireless communications device; prohibits such officer from taking certain actions without warrant or consent from vehicle operator; provides that user's billing records for such device or testimony of or written statements from certain authorities are admissible as evidence in crashes resulting in death or serious bodily injury for certain purposes; provides additional fine for person who commits careless driving while using such device in handheld manner; requires deposit of such fine into EMS Trust Fund of DOH.
Plain English Summary
AI-GENERATEDDriving carelessly while physically holding a wireless communications device now carries an extra $60 fine and an extra point on the driver's license, on top of the existing careless-driving citation.
First-time offenders can skip the extra fine and point by completing a wireless communications device driving safety program instead, so long as they finish it.
The penalty does not apply to hands-free use, stopped vehicles, emergency responders on duty, reporting a crime or emergency, safety alerts, or autonomous vehicles driving themselves.
An officer who stops someone for this offense must tell them they can refuse a phone search, and cannot access or confiscate the phone without a warrant or truly voluntary consent.
AIA driver who commits careless driving while physically supporting the weight of a wireless communications device in a handheld manner faces an additional $60 fine and one additional point on their license, on top of the standard careless-driving citation.
AIAn officer who stops a driver for this offense must tell them they can decline a phone search, and may not access or confiscate the device without a warrant, or obtain consent through coercion; consent must be voluntary and unequivocal.
AIA driver's wireless device billing records, or testimony and written statements from authorities who received messages from the driver, may be used to prove this violation only when the stop followed a crash causing death or serious bodily injury.
AIFor a first offense, a driver may elect to complete a wireless communications device driving safety program instead of paying the extra fine or receiving the extra point; finishing the program waives both.
AIThe added penalty does not apply to a stationary vehicle, on-duty emergency responders, someone reporting a crime or emergency, vehicle-navigation or safety-alert messages, hands-free or voice-operated device use, or an autonomous vehicle driving itself.
AIThe additional $60 fine for careless driving with a handheld device does not go to general revenue; it is remitted to the Department of Revenue for deposit into the Emergency Medical Services Trust Fund of the Department of Health.