Appendix A

Legislation

International

Translations:

Public Penalty Regulations
Executive Federal Council of Switzerland
Article 3, 10, 12, Section 311

Spanish General Regulations for Traffic Law 18/1989,
Royal Legistative Decree 339/1990
Articles 11 and 18

Excerpts of other Foreign Laws provided by the Library of Congress

 

 

National

The State of California
Senate Bill 1131

The State of Delaware
Delaware Code Annotated
21 Del. C. § 4176 (1996)

The State of Hawaii
House Bill 284
House Bill 341

The State of Idaho
Idaho Code § 49-1401 (1996)
Idaho Code § 49-236 (1996)

The State of Illinois
House Bill 562

The State of Nebraska
1997 NE Legislative Bill 338

The State of New Jersey
Senate Bill 1070

The State of New Mexico
New Mexico Statutes Annotated
§ 66-8-114 (1996)

I

The State Of New York
Acts 9768, 9769 and 9770
Senate Bill 3481
Assembly Bill 4444
Assembly Bill 4587
Assembly Bill 4588
Assembly Bill 5857

The State of Oregon
Senate Bill 514

The State of Pennsylavania
House Bill 1424

The State of Virginia
General Assembly
House Bill 1666

The State of Washington
Senate Bill 6237
Annotated Code § 46.37.480 (1996)

The State of Wisconsin
Wisconsin Statute § 346.89
Wisconsin Statute § 346.95

 

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An Investigation of the Safety Implications of Wireless Communications in Vehicles Appendix A: Legislation

Public Penalty Regulations
Executive Federal Council of Switzerland
Article 3, 10, 12, Section 311

Translation:

Note: | Comments in these brackets were added by the translator. "HTR" stands for hard to read and the translator is guessing or indicating the omitted word with ... |

Public Penalty Regulations

(Ordnungsbussenverordnung or OBV)

(effective September 1, 1996*) |*added to document in handwriting|

Dated: March 4, 1996

The Executive Federal Council of Switzerland decrees on the basis of Articles 3, 10 |htr| and 12 of the Public Fine Law (Ordnungsbussengesetz or OBG) dated June 24, 197031:

 

Article 1. Penalty Listing

The violations of road traffic regulations punishable by fines are listed in Appendix 1, along with their respective fines.

 

Article 2. Combination of Several Violations

If the violator commits several violations punishable by fine, such resulting fines shall be combined unless:

a. the parking of a vehicle in a no-stopping-zone is necessitated by traffic conditions (Appendix 1, Chapter 2).

b. one person is responsible for the violation both as driver and owner of the vehicle.

c. two or more general traffic regulations, signals or markings are ignored which serve the same protective purpose.

 

Article 3. Forms

The forms required for the penalty proceedings must, at a minimum, contain the information listed in Appendix 2.

 

Article 4. Directives

The courts and police departments of Switzerland can issue directives concerning the execution of the Public Penalty Proceedings.

 

Article 5 Previous Law Superseded

The regulations promulgated on March 22, 197221 shall be superseded by those contained herein.

 

SR|htr| 31
31 SR 741.03, AS 1996 1075 |htr|
21 AS 1972 738, 1979 1546, 1981 507, 1985 |htr|, 1841, 1989 410, 1991 2534, 1994 167 214 116
1103, 1995 4425

1078

1996-129

SR 741.031* |*added to document in handwriting|

Public Penalty Regulations

311. Use of a telephone that is not a hands-free set while driving (Article 3, par. 1| of the Traffic Regulations {Verkehrsregelnverordung or VRV}).

 

Traffic Regulations

(Verkehrsregelnverordung-VRV) |cut off at margin| November 13, 1962

The Swiss Executive Federal Council decrees based on Article 57 and 105, par. 1 of the Road Traffic Law23

(hereinafter referred to as SVG) and Article 2, par. 1, item c |htr| 2 of the Swiss Federal Law dated October 7,

|cut off at margin| about the protection of the environment (hereinafter referred to as USG).45:

 

Introduction

 

Article 1

(AS |htr| SVG)

 

741.11 Road Traffic

 

Part 1: Regulations for Traffic

 

1. Section: General Driving Regulations

 

Use of the vehicle, Article 3

(Article 31, par. 1 of the SVG)

1. The driver must concentrate on the road and the traffic while driving. He or she may not carry out activities while driving which negatively impact the operation of the vehicle. Additionally, the driver must take care not to reduce his or her attention to driving by listening to the radio or other sound equipment21.

2. The driver of tour vehicles may not inform the travelers of sights or provide other information when the traffic is heavy or the roads are difficult to drive on. The drivers may not use a hand-held microphone.

3. The drivers of motor vehicles, motorcycles and bicycles may not release the steering device and, additionally, bicyclists may not take their feet off the pedals31.

 

1) Amended according to item 1 of the V dated 11/14/79, effective 1/1/80 (AS 1979 158G)

2) Third sentence added with item 1 of the V dated 1/25/89, effective 5/1/89 (AS 1989 41G)

3) Amended according to item 1 of the V dated 1/25/89, effective 5/1/89 (AS 1989 410).

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An Investigation of the Safety Implications of Wireless Communications in Vehicles Appendix A: Legislation

TRANSLATION OF SPANISH GENERAL REGULATIONS FOR TRAFFIC

Note: Only relevant portions of applicable laws have been translated.

LAW 18/1989, 0F JULY 25, ON FUNDAMENTALS OF TRAFFIC, CIRCULATION OF AUTOMOTIVE VEHICLES, AND ROAD SAFETY

("Federal Register" No. 178, of July 27. Correction of errors in "Federal Register" No. 75, of March 28, 1990)

ROYAL LEGISLATIVE DECREE 339/1990, OF MARCH 2, IN WHICH IT IS APPROVED THE ARTICULATED TEXT OF THE LAW PERTAINING TO TRAFFIC, CIRCULATION OF AUTOMOTIVE VEHICLES, AND ROAD SAFETY

("Federal Register" No. 63, of March 14, 1990. Correction of errors in "Federal Register" No. 185, of August 3, 1990)

 

ARTICLE 11

General Rules for Drivers

1. Drivers must be, at all times, in condition of controlling their vehicles or animals. When approaching to other users of the road, they shall adopt the necessary safety precautions, specially in the cases involving children, old, blind, or disable persons.

2. The driver of a vehicle is obligated to maintain his/her freedom of movements, necessary field of view, and permanent driving attention, to warrant his/her own safety, as well as the safety of all passengers and road users. To this end, he/she shall be particularly careful that his/her position, and that of the passengers, animals, and objects transported, are properly maintained to avoid any inappropriate interferences.

3. It is forbidden to drive using any headpiece or telephone ear-piece connected to equipment for receiving or reproducing sound.

4. It is forbidden to drive with children younger than twelve years in the front seat, unless they utilize the required safety seat-adaptors.

 

ARTICLE 18

Other obligations of the drivers

1. ( It repeats item 2 under article 11 above)

2. ( I t repeats item 3 under article 11 above)

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An Investigation of the Safety Implications of Wireless Communications in Vehicles Appendix A: Legislation

Excerpts of Other Foreign Laws Provided by the Library of Congress

Australia

In Victoria and New South Wales, using hand-held mobile phones while driving is a specific traffic offense. Australia is considering national road rules to resolve conflicts and to establish a national policy in this area.

Victoria

Road Safety (Traffic) Regulations, 1988, Reg. 1505(1)

The driver of a motor vehicle must not, while driving, hold or use a telephone, microphone or similar apparatus.

New South Wales

Motor Traffic Regulations 1935, as amended, §90(d)

The driver of a motor vehicle must not, while driving, answer or use, or attempt to answer or use, a hand-held telephone.

The draft copy of the Australia Road Rules, 1996 (Commonwealth) states:

Mobile Phones

15.12(1) You must not use a hand-held telephone if you're driving or riding a vehicle.

 

Israel

Transportation Regulations 5721-1961/1970

Regulation 28, Section 1-28A

Anyone who drives a motor vehicle must hold two hands on the wheel or handlebars as long as that vehicle is in motion. Her may remove one hand if he needs to do anything to guarantee the proper operation of the vehicle corresponding to the rules of transportation.

Regulation 28, Section 1-28B

Section 28A will also apply to a person who drives a vehicle in which there is a telephone, either permanent or portable, and the driver of the vehicle is allowed to use the phone only through a microphone for the operation of which there is no need to remove a hand from the wheel or handlebar.

 

Italy

The Code of the Road - Rules of Behavior

Article 173 - The driver is prohibited to use while driving any apparatus (radio, CB or earphones) with the exception of the armed forces or police as well as the drivers transporting others (chauffeurs?) ...It is permitted to use any device that is voice-free (hands-free) that does not require the use of the hands.

 

England

The Highway Code, No. 3 (1992) (Eng.)

You must exercise proper control of your vehicle at all times. Do not use a hand-held telephone or microphone while you are driving. Find a safe place to stop first. Do not speak into a hands-free microphone if it will take your mind off the road. You must not stop on the hard shoulder of a motorway to answer or make a call, except in an emergency.

 

France

Driving Code, Title I ("Code del la Route", Titre Ier)

Article R. 3-1 - The driver of a vehicle must constantly be in position to execute freely and without delay all driving maneuvers.

 

Sweden

Decree on Road Traffic ("Svensk Författningssamling" 1972: 603, as amended)

Motor vehicle drivers must take the necessary caution, care and prudence while on the road to avoid traffic accidents.

 

Republic of Singapore

Singapore Statutes and Subsidiary Legislation

Subsidiary Legislation (Chapter 276, Sections 111 and 140) Road Traffic Act

Road Traffic (Public Service Vehicles) Rules, Part II General

No Radio, Television or Acoustical Equipment to be Installed.

15. (1) Except with the written permission of the Registrar, no person shall install or use any television, radio or acoustical equipment or cause any television, radio or acoustical equipment to be installed in or on a public service vehicle or any part thereof.

(2) Notwithstanding paragraph (1), the following equipment may be installed in a taxi:

(a) a radio telephone for calling the driver at any time to convey passengers for the purpose of gain;

(b) a radio with or without cassette player mounted and secured on the dashboard of the taxi; and

(c) a mobile telephone mounted and secured in a position as approved by the Registrar.

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An Investigation of the Safety Implications of Wireless Communications in Vehicles Appendix A: Legislation

Proposed Legislation

THE STATE OF CALIFORNIA

CALIFORNIA 1997-98 REGULAR SESSION

SENATE BILL 1131

February 28, 1997

The People of the State of California do enact as follows:

SECTION 1. Section 21700.3 is added to the Vehicle Code, to read:

21700.3. No person shall drive a vehicle upon any highway while operating a cellular telephone if the operation of that telephone by the driver requires the driver to hold the telephone in his or her hand.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.

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An Investigation of the Safety Implications of Wireless Communications in Vehicles Appendix A: Legislation

DELAWARE CODE ANNOTATED

(1996 Regular Session of the 138th General Assembly)

Title 21. Motor Vehicles

Part III. Operation and Equipment

Chapter 41. Rules of the Road

Subchapter IX. Reckless Driving; Driving While Intoxicated

21 DEL. C. § 4176 (1996)

 

§ 4176. Careless or Inattentive Driving

(a) Whoever operates a vehicle in a careless or imprudent manner, or without due regard for road, weather and traffic conditions then existing, shall be guilty of careless driving.

(b) Whoever operates a vehicle and who fails to give full time and attention to the operation of the vehicle, or whoever fails to maintain a proper lookout while operating the vehicle, shall be guilty of inattentive driving.

(c) Whoever violates this section shall for the first offense be fined not less than $25 nor more than $115. For each subsequent like offense occurring within 3 years of a former offense, the person shall be fined not less than $50 nor more than $230, or imprisoned not less than 10 nor more than 30 days, or both.

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An Investigation of the Safety Implications of Wireless Communications in Vehicles Appendix A: Legislation

Proposed Legislation

THE STATE OF HAWAII

HAWAII 18TH STATE LEGISLATURE (1995)

HOUSE BILL 284

1995 HI H.B. 284

January 23, 1995

 

Text: Be it enacted by the Legislature of the State of Hawaii:

Chapter 291, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

SECTION 291- Operation of Hand-held Equipment in Motor Vehicles.

(A) As used in this section, unless the context otherwise requires:

"Cellular radio telephone" means a wireless telephone authorized by the federal communications commission to operate in the frequency bandwidth reserved for cellular radio telephones.

"Computer" means an electronic device which performs logical, arithmetic,and memory functions by the manipulation of electronic or magnetic impulses.

"Emergency vehicle" has the same meaning as defined in Section 291-11.6(b).

"Facsimile" means a unit that scans and encodes a document into electric signals and sends them over telephone lines to the receiver where the signals are reconstructed to produce an exact duplicate of the document.

"Mass transit vehicle" has the same meaning as defined in section 291-11.6 (b).

(B) except as provided in Subsection (C), it shall be unlawful to operate a cellular radio telephone, computer, facsimile, or other portable or laptop device, which requires holding the unit, or a portion of the unit, with one or both hands in order to operate the unit, while operating a motor vehicle.

(c) notwithstanding subsection (b):

(1) the operator of a motor vehicle may use a cellular radio telephone, computer, facsimile, or other portable or laptop device where the device is equipped with a "hands-free" feature, including but not limited to a speaker system, number storage, or voice recognition; provided that the operator of the motor vehicle exercises a high degree of caution in the operation of the motor vehicle.

(2) the operator of a motor vehicle may use a cellular radio telephone, computer, facsimile, or other portable or laptop device that is not equipped with a hands-free feature only if:

(a) the person is operating an emergency or mass transit vehicle and the operation of that device is required during the course of the operation of that vehicle;

(b) the operator of the motor vehicle, other than those specified in subparagraph (a), has safely removed the vehicle out of the stream of traffic to the shoulder of a road or highway, or other safe area off of the road or highway, and come to a complete stop; or

(c) the operator of the motor vehicle is involved in any emergency, observes an emergency situation, or observes the operator of another motor vehicle who is driving in a reckless, negligent, or dangerous manner or who appears to be driving under the influence of alcohol or drugs, and the use of that device is necessary to report that emergency or observation to appropriate authorities.

(d) a person who fails to comply with the requirements of this section shall be subject to a fine of $100 for each violation, but shall not be guilty of a violation for which points shall be assessed pursuant to Section 286-128; provided that nothing in this section shall prevent the imposition of an additional fine, the assessment of points and imprisonment in connection with the violation of any other law, including but not limited to inattention to driving as provided in Section 291-12, or negligent injury in the first or second degree as provided in Sections 707-705 or 707-706.

 

Proposed Legislation

THE STATE OF HAWAII

HAWAII 18TH STATE LEGISLATURE (1995)

HOUSE BILL 341

1995 HI H.B. 341

January 23, 1995

 

Text: Be it enacted by the Legislature of the State of Hawaii:

SECTION 1. Chapter 291, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

SECTION 291- Operation of hand-held car phones in motor vehicles.

(A) as used in this section, unless the context otherwise requires:

"Cellular Radio Telephone" means a wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radio telephones.

"Emergency vehicle" has the same meaning as defined in Section 291-11.6 (B).

"Mass transit vehicle" has the same meaning as defined in Section 291-11.6(B).

(B) except as provided in Subsection (C), it shall be unlawful to operate a cellular radio telephone which requires holding the unit, or a portion of the unit, with one or both hands in order to operate the unit, while operating a motor vehicle.

(C) notwithstanding Subsection (B), the operator of a motor vehicle may use a cellular radio telephone:

(1) where the device is equipped with a "hands-free" feature, including but not limited to a speaker system, number storage, or voice recognition; provided the operator of the motor vehicle exercises a high degree of caution in the operation of the motor vehicle; and

(2) that is equipped with a hands-free feature only if:

(A) the person is operating an emergency or mass transit vehicle and the operation of that device is required during the course of the operation of that vehicle;

(B) the operator of the motor vehicle, other than those specified in Subparagraph (A), has safely removed the vehicle out of the stream of traffic to the shoulder of the road or highway, or other safe area off of the road or highway, and come to a complete stop; or

(C) the operator of the motor vehicle is involved in any emergency, observes an emergency situation, or observes the operator of another motor vehicle who is driving in a reckless, negligent, or dangerous manner or who appears to be driving under the influence of alcohol or drugs, and the use of that device is necessary to report that emergency or observation to appropriate authorities.

(D) a person who fails to comply with the requirements of this section shall be subject to a fine of $100 for each violation, but shall not be guilty of a violation for which points shall be assessed pursuant to Section 286-128; provided that nothing in this section shall prevent the imposition of an additional fine, the assessment of points and imprisonment in connection with the violation of any other law, including but not limited to inattention to driving as provided in Section 291-12, or negligent injury in the first or second degree as provided in Sections 707-705 or 707-706.

 

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

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An Investigation of the Safety Implications of Wireless Communications in Vehicles Appendix A: Legislation

IDAHO CODE

2ND REGULAR SESSION OF THE 53RD LEGISLATURE

GENERAL LAWS

TITLE 49. MOTOR VEHICLES

CHAPTER 14. TRAFFIC -- ENFORCEMENT AND GENERAL PROVISIONS

Idaho Code § 49-1401 (1996)

§ 49-1401. Reckless driving

(1) Any person who drives or is in actual physical control of any vehicle upon a highway, or upon public or private property open to public use, carelessly and heedlessly or without due caution and circumspection, and at a speed or in a manner as to endanger or be likely to endanger any person or property, or who passes when there is a line in his lane indicating a sight distance restriction, shall be guilty of reckless driving and upon conviction shall be punished as provided in subsection (2) of this section.

(2) Every person convicted of reckless driving under this section shall be punished by imprisonment in the county or municipal jail for a period of not less than five (5) days nor more than ninety (90) days, or by a fine of not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300), or by both fine and imprisonment. On a second or subsequent conviction shall be punished by imprisonment for not less than ten (10) days nor more than six (6) months, or by a fine of not less than fifty dollars ($50.00) nor more than three hundred dollars ($300), or by both fine and imprisonment. The department shall suspend the driver's license or privileges of any such person as provided in section 49-326, Idaho Code.

(3) Inattentive driving shall be considered a lesser offense than reckless driving and shall be applicable in those circumstances where the conduct of the operator has been inattentive, careless or imprudent, in light of the circumstances then existing, rather than heedless or wanton, or in those cases where the danger to persons or property by the motor vehicle operator's conduct is slight.

CHAPTER 2. GENERAL

Idaho Code § 49-236 (1996)

§ 49-236. Penalties

(1) It is a misdemeanor for any person to violate any of the provisions of this title except the provisions of Chapters 6 through 9, unless otherwise specifically provided.

(2) It is an infraction for any person to violate any of the provisions of Chapters 6 through 9 of this title unless otherwise specifically provided.

(3) Any offense punishable by imprisonment in the state penitentiary is a felony.

(4) Punishments shall be as provided in Sections 18-111, 18-112, 18-113 and 18-113A, Idaho Code, unless otherwise specifically provided.

(5) Whenever a person is arrested for any violation of the provisions of this title declared to be a felony, he shall be dealt with in like manner as upon arrest for the commission of any other felony.

(6) It is an infraction punishable by a fine of seventy-five dollars ($75.00) for any person to violate the provisions of either section 49-1229, 49-1232 or 49-1428, Idaho Code.

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An Investigation of the Safety Implications of Wireless Communications in Vehicles Appendix A: Legislation

Proposed Legislation

THE STATE OF ILLINOIS

ILLINOIS 90TH GENERAL ASSEMBLY 1997-98 REGULAR SESSION

HOUSE BILL 562

1997 IL H.B. 562

February 5, 1997

 

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by adding Section 12-612 as follows:
(625 ILCS 5/12-612 new)

SEC. 12-612. Telephone; use of hands free apparatus. The driver of a motor vehicle may not use a telephone while operating the motor vehicle unless the telephone is equipped with, and the driver uses, an apparatus that allows the driver to talk and listen without holding the telephone or its handset or receiver. The driver may not hold or touch the telephone or its handset or receiver while operating the motor vehicle except to enable the apparatus, enter a telephone number, or hang up or turn off the telephone. As used in this section, "telephone" means a cellular telephone, portable telephone, or other telephone that may be used from within a moving motor vehicle.

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An Investigation of the Safety Implications of Wireless Communications in Vehicles Appendix A: Legislation

Proposed Legislation

THE STATE OF NEBRASKA

LEGISLATURE OF NEBRASKA

NINETY-FIFTH LEGISLATURE

1997 NE L.B. 338

January 14, 1997

Be it enacted by the people of the State of Nebraska:

Section 1. Section 60-601, Revised Statutes Supplement, 1996, is amended to read: 60-601. Sections 60-601 to 60-6,374 shall be known and may be cited as the Nebraska Rules of the Road.

Sec. 2. No person shall operate a motor vehicle upon a highway or street in this state while using a cellular telephone, except for the following persons: a peace officer on duty; an ambulance driver on duty; a taxi cab driver on duty; any person for medical emergency reasons; and any person in physical danger or who reasonably believes himself or herself or another person to be in physical danger.

Sec. 3. Enforcement of Section 2 of this act by state or local law enforcement agencies shall be accomplished only as a secondary action when a driver of a motor vehicle has been cited or charged with another violation or some other offense.

Sec. 4. Any person who causes a collision because he or she was operating a motor vehicle upon a highway or street in this state while using a cellular telephone commits the offense of reckless driving and shall be punished as provided in Sections 60-6,215, 60-6,217, and 60-6,218. This section shall not apply to persons listed in Section 2 of this act.

Sec. 5. Original section 60-601, Revised Statutes Supplement, 1996, is repealed.

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An Investigation of the Safety Implications of Wireless Communications in Vehicles Appendix A: Legislation

Proposed Legislation

THE STATE OF NEW JERSEY

NEW JERSEY 207TH LEGISLATURE - FIRST ANNUAL SESSION (1996)

SENATE BILL 1070.

MAY 2, 1996

 

Text: Be it enacted by the Senate and General Assembly of the State of New Jersey:

1.A. The Commissioner of Insurance, the Highway Traffic Safety Policy Advisory Council and the Division of Highway Safety of the Department of Law and Public Safety shall:

(1) collect and evaluate statistics showing whether the use of manually held and manually dialed cellular telephones or certain other cellular telephones by operators of any class of private motor vehicles has increased the incidence of accidents or accidents per mile of similar motor vehicles; and

(2) evaluate and advise whether the use, non-use, or extent of use of cellular telephones by motorists should be proposed as a factor in determining:

(a) lower premium rates of motor vehicle insurance policies where appropriate;

(b) tort liability in motor vehicle accident law suits;

(c) safety instructions given to customers by sellers, installers and lessors of cellular telephones; and

(d) any other safety proposal on the use of cellular telephones.

B. In making this study the commissioner, advisory council and division shall consult with each other and representatives of the motor vehicle insurance industry and cellular telephone industry, consumer and safety groups and such other persons with expertise they deem relevant. The commissioner, advisory council and division shall report their findings, including any suggested legislative proposals, to the Governor and the Legislature on or before the 180th day following the effective date of this act.

2. This act shall take effect immediately.

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An Investigation of the Safety Implications of Wireless Communications in Vehicles Appendix A: Legislation

NEW MEXICO STATUTES ANNOTATED

CHAPTER 66. MOTOR VEHICLES

ARTICLE B. CRIMES, PENALTIES AND PROCEDURE

PART 2. TRAFFIC OFFENSES

N.M. Stat. Ann. § 66-8-114 (1996)

 

§ 66-8-114. Careless driving

A. Any person operating a vehicle on the highway shall give his full time and entire attention to the operation of the vehicle.

B. Any person who operates a vehicle in a careless, inattentive or imprudent manner, without due regard for the width, grade, curves, corners, traffic, weather and road conditions and all other attendant circumstances is guilty of a misdemeanor.

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An Investigation of the Safety Implications of Wireless Communications in Vehicles Appendix A: Legislation

Proposed Legislation

THE STATE OF NEW YORK

NEW YORK ASSEMBLY

ACT 9768

March 26, 1996

 

Text: The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The general business law is amended by adding a new section 399-x to read as follows:

§ 399-x. Sale of cellular telephones or car phones.

1.For purposes of this section "cellular telephone" or "car phone" shall mean a cellular mobile radio telephone or other radio telephone not requiring an access line of service.

2.The manufacturer of any cellular telephone or car phone as described in subdivision one of this section shall affix to the front of the outside packaging of such cellular telephone or car phone a warning label to read substantially as follows:

"The use of a cellular telephone or car phone while operating a motor vehicle has been known to be the cause of traffic accidents and caution is advised in such use."

3.Violation of this section shall be punishable by a fine of not more that one hundred fifty dollars for each subsequent offense.

§ 2. The vehicle and traffic law is amended by adding a new section 1199 to read as follows:

§ 1199. Cellular telephone or car phone. The commissioner shall, through the department's public information programs and traffic safety publications, regularly inform the public of the dangers of using a cellular telephone or car phone while operating a motor vehicle. Such warning shall be in addition to any other warning required by law.

§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law, provided that necessary rules and regulations may be promulgated prior to such date.

Proposed Legislation

THE STATE OF NEW YORK

NEW YORK ASSEMBLY

ACT 9769

March 26, 1996

Text: The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 375 of the vehicle and traffic law is amended by adding a new subdivision 24-b to read as follows:

24-b. It shall be unlawful for any person to operate upon any public highway in this state a motor vehicle while the operator is using a cellular or car phone. Any person convicted of a violation of this subdivision shall for a first and subsequent conviction thereof be punished by a fine of fifty dollars.

§ 2. This act shall take effect on the sixtieth day after it shall have become a law, provided that necessary rules and regulations may be promulgated prior to such date.

Proposed Legislation

THE STATE OF NEW YORK

NEW YORK ASSEMBLY

ACT 9770

March 26, 1996

 

Text: The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Beginning with the report to be made in 1997, the Commissioner of Motor Vehicles shall include in the Department of Motor Vehicles' Annual Summary of motor vehicle accidents, information relative to whether the use of a cellular or a car phone by the operator of a motor vehicle contributed to or was a factor in such accidents.

§ 2. The Commissioner of Motor Vehicles shall take the necessary action including promulgating all rules and regulations necessary to collect such information so that it can be included into the Annual Vehicle Accident Report.

§ 3. This act shall take effect immediately.

Proposed Legislation

THE STATE OF NEW YORK

NEW YORK 220TH ANNUAL LEGISLATIVE SESSION

SENATE BILL 3481

March 12, 1997

 

Text: The People of the State of New York, represented in Senate and Assembly, do enact as follows:

The vehicle and traffic law is amended by adding a new article 34-C to read as follows: 34-C Communications Technology and Driver and Highway Safety Sections

1280. New York State Task Force on Communications Technology and Driver and Highway Safety.

1281. Selection of Task Force Members.

1282. Task Force Personnel.

1283. Report of the Task Force.

 

SECTION 1280. New York State Task Force on Communications Technology and Driver and Highway Safety.

A. There is hereby created a task force to be known as the ""New York State Task Force on Communications Technology and Driver Highway Safety". The Task Force shall study and recommend a course of action to address the use of cellular telephones while operating a motor vehicle.

B. The study shall include, but not be limited to, investigating issues of highway and traffic safety as they relate to the use of cellular telephones and other communication devices while operating a motor vehicle. The study shall review the impact of such recommendations upon businesses and individuals dependent on cellular telephones to conduct business and/or for other important purposes. The task force shall inquire into innovative technologies being used and/or proposed to be used in motor vehicles cellular phone usage that may help alleviate risks to highway and traffic safety. The task force shall also develop recommendations for public and private strategies to address these issues, as well as public information campaigns to educate and inform our resident and non-resident motorists of dangers associated with cellular phone use while operating a motor vehicle and methods of lessening such potential dangers.

C. The task force is recommendations should be aimed at decreasing the risk of driving accidents due to cellular telephone use while driving.

D. The task force shall consist of eleven members. Of the seven non ex-officio members at least two shall be representatives from the mobile phone industry; at least two shall operate motor vehicles and use cellular telephones to regularly conduct business one of whom shall operate a motor vehicle weighing in excess of twenty-six thousand pounds; at least one member shall be a representative of a not-for-profit highway safety organization; at least one member shall be a representative from the insurance industry and at least one member shall be a law enforcement officer engaged in highway patrol and/or highway safety. In addition, the task force membership shall include the following ex-officio members: the Com missioner of the Department of Motor Vehicles, along with the Commissioner of Transportation, the Chair of the Governor's Traffic Safety Committee and the Superintendent of the Department of State Police.

 

SECTION 1281. Selection of task force members.

Excluding ex-officio members, all members of said task force shall be appointed by the Governor. Two members shall be appointed upon the recommendation of the temporary President of the Senate. Two members shall be appointed upon the recommendation of the Speaker of the Assembly. One member shall be appointed upon the recommendation of the Minority Leader of the Senate. One member shall be appointed upon the recommendation of the Minority Leader of the Assembly. The remaining five members shall be selected by the Governor. The Governor shall appoint a Chairperson from among its membership.

 

SECTION 1282. Task force personnel.

The task force shall utilize existing department personnel for support, as assigned by the Commissioner of the Department of Motor Vehicles, the Commissioner of Transportation, the Chair of the Governor's Traffic and Safety Committee and the Superintendent of the Department of State Police. The task force may request and shall receive from the state departments, boards, bureaus, commissions, agencies or public authorities of the state or any political subdivision thereof data and assistance as it requests and is necessary to enable it to properly carry out its responsibilities set forth herein. The task force shall have all the powers and privileges of a legislative committee pursuant to the legislative law.

 

SECTION 1283. Report of the task force.

On or before February first, nineteen hundred ninety-eight the task force shall issue a report to the Governor, the temporary President of the Senate, the Speaker of the Assembly, the Chairs of the Senate and Assembly transportation committees, the Chair of the Senate Energy and Telecommunications Committee, the Shair of the Senate Committee on Commerce, Economic Development and Small Business, the Chair of the Assembly Committee on Corporations, Authorities and Commissions, and the Ahair of the Assembly Committee on Economic Development, Job Creation, Commerce and Industry.

Section 3. This act shall take effect immediately.

Proposed Legislation

THE STATE OF NEW YORK

ASSEMBLY BILL 4444

1997-1998 REGULAR SESSIONS IN ASSEMBLY

FEBRUARY 18, 1997

1997 NY A.B. 4444

Text: The people of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 375 of the vehicle and traffic law is amended by adding new Subdivision 24-B to read as follows:

24-B. It shall be unlawful to operate upon any public highway in this state a motor vehicle which is equipped with a hand held cellular telephone which is in use while operating the vehicle. As used in this subdivision, "hand held cellular phone" means a cellular mobile radio telephone or other radio telephone not requiring an access line for service, which includes both the receiver and speaker. This act shall take effect January 1, 1998.

Proposed Legislation

THE STATE OF NEW YORK

NEW YORK 220TH ANNUAL LEGISLATIVE SESSION

ASSEMBLY BILL 4587

FEBRUARY 20, 1997

1997 NY A.B. 4587

Text: the People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Beginning with the report to be made in 1998, the Commissioner of Motor Vehicles shall include in the Department of Motor Vehicles' Annual Summary of Motor Vehicle Accidents, information relative to whether the use of a cellular or a car phone by the operator of a motor vehicle contributed to or was a factor in such accidents.

SECTION 2. The Commissioner of Motor Vehicles shall take the necessary action including promulgating all rules and regulations necessary to collect such information so that it can be included into the annual vehicle accident report.

SECTION 3. This act shall take effect immediately.

Proposed Legislation

THE STATE OF NEW YORK

ASSEMBLY BILL 4588

STATE OF NEW YORK

FEBRUARY 20, 1997

1997 NY A.B. 4588

 

Text: The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section 375 of the vehicle and traffic law is amended by adding a new subdivision 24-B to read as follows:

24-B. (A) It shall be unlawful for any person to operate upon any public highway in this state a motor vehicle while the operator is using a cellular or car phone. Any person convicted of a violation of this subdivision shall for a first and any subsequent conviction thereof be punished by a fine of fifty dollars.

(B) It shall be a defense to a violation of this subdivision that the operator had reason to fear for his or her life or safety, was reporting a traffic accident or making a "911" emergency call.

(C) Nothing contained herein shall interfere with the use of a citizen's band radio or the use of speaker phones.

SECTION 2. This act shall take effect on the sixtieth day after it shall have become a law.

Proposed Legislation

THE STATE OF NEW YORK

ASSEMBLY BILL 5857

1997-1998 REGULAR SESSIONS SENATE - ASSEMBLY

MARCH 4, 1997

1997 NY A.B. 5857

 

Text: The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 397-C. Use of cellular telephone while operating a motor vehicle;

Prohibited. 1.

(A) No person shall operate a motor vehicle on a public highway while using a hand held cellular or cellular car telephone.

(B) An operator of a motor vehicle shall have a two minute grace period on the receipt and transmission of cellular telephone calls to pull the vehicle off the road and park the vehicle in a safe location that will not interfere with the flow of traffic.

(C) The use of a hand held cellular or cellular car telephone by an Operator of a motor vehicle shall not be a violation of this Section where the Operator was alone and had reason to fear for his or her life or safety or believed that a criminal act may be perpetrated against him/her necessitating the use of such cellular telephone while operating the motor vehicle or that the operator was using such hand held cellular or cellular car telephone to contact an E-911 system as defined in Subdivision 3, Section 301 of the county law.

2. Nothing contained herein shall prevent any passenger or occupant of a motor vehicle other than the operator from using a hand held cellular or cellular car telephone while the motor vehicle is in motion.

3. On and after January first in the year next succeeding the date on which this section shall have become a law all hand held cellular or cellular car telephones sold leased or rented in the state shall contain a message affixed to the phone stating that such telephones shall not be used by any person operating a motor vehicle except as provided in this section.

4. A violation of the provisions of this section shall constitute a traffic infraction punishable only by a fine not to exceed fifty dollars.

5. Nothing contained herein shall interfere with the use of a Citizen's Band Radio by the police or other public safety agencies.

SECTION 3. This act shall take effect on the first day of January next succeeding the date on which it shall have become a law.

 

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An Investigation of the Safety Implications of Wireless Communications in Vehicles Appendix A: Legislation

Proposed Legislation

THE STATE OF OREGON

OREGON 69TH LEGISLATIVE ASSEMBLY -1997 REGULAR SESSION

SENATE BILL 514

1997 OR S.B. 514

February 21, 1997

 

Text: Be it enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this act is added to and made a part of ORS Chapter 811.

SECTION 2.

(1) A person commits the offense of driving while using a mobile telephone if the person uses a mobile telephone while driving or moving a vehicle on a highway.

(2) As used in this section, 'Mobile Telephone' means a hand-held device designed to receive and transmit voice communication over a distance.

(3) The offense described in this section, driving while using a mobile telephone, is a Class D traffic infraction.

Document Table of Contents

An Investigation of the Safety Implications of Wireless Communications in Vehicles Appendix A: Legislation

Proposed Legislation

THE STATE OF PENNSYLVANIA

PENNSYLVANIA 179TH GENERAL ASSEMBLY -- 1995

HOUSE BILL 1424

1995 PA H.B. 1424

April 25, 1995

TEXT: The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 3314 of Title 75 of the Pennsylvania Consolidated Statutes is amended to read:

Section 3314. Prohibiting Use of Hearing Impairment Devices.

(a) General rule. - No driver shall operate a vehicle while wearing or using one or more headphones, earphones or any similar device which the department by regulation determines would impair the ability of the driver to hear traffic sounds.

(b) Exception. - This section does not prohibit the use of:

(1) hearing aids or other devices for improving the hearing of the driver nor does it prohibit the use of :

(2) a headset in conjunction with a cellular telephone that only provides sound through one ear and allows surrounding sounds to be heard with the other ear; or

(3) communication equipment by the driver of a fire vehicle or by motorcycle operators complying with section 3525 (relating to protective equipment for motorcycle riders).

Section 2. This act shall take effect in 60 days.

Document Table of Contents

An Investigation of the Safety Implications of Wireless Communications in Vehicles Appendix A: Legislation

Proposed Legislation

THE GENERAL ASSEMBLY OF VIRGINIA

HOUSE BILL 1666

January 17, 1995

Text: Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 46.2-1078.1 as follows:

§ 46.1-1078.1. - Using citizens band radio or mobile telephone while driving.

It shall be unlawful for any person to use a citizens band radio or mobile telephone while operating a motor vehicle, moped, or bicycle on the highways of the Commonwealth unless at least one of his hands remains on the steering wheel or handle bars at all times.

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An Investigation of the Safety Implications of Wireless Communications in Vehicles Appendix A: Legislation

Proposed Legislation

THE STATE OF WASHINGTON

1996 REGULAR SESSION OF THE 54TH LEGISLATURE

SENATE BILL 6237

BY SENATE COMMITTEE ON TRANSPORTATION

February 5, 1996

Text: Be it enacted by the Legislature of the State of Washington:

Sec. 1. RCW 46.37.480 and 1991 c 95 s 1 are each amended to read as follows:

(1) No person shall drive any motor vehicle equipped with any television viewer, screen, or other means of visually receiving a television broadcast which is located in the motor vehicle at any point forward of the back of the driver's seat, or which is visible to the driver while operating the motor vehicle. This subsection does not apply to law enforcement vehicles communicating with mobile computer networks.

(2) No person shall operate any motor vehicle on a public highway while wearing any headset or earphones connected to any electronic device capable of receiving a radio broadcast or playing a sound recording for the purpose of transmitting a sound to the human auditory senses and which headset or earphones muffle or exclude other sounds. This subsection does not apply to students and instructors participating in a Washington State Motorcycle Safety Program.

(3) This section does not apply to authorized emergency vehicles or to motorcyclists wearing a helmet with built-in headsets or earphones as approved by the Washington State Patrol, or motorists using hands-free, wireless communications systems, as approved by the equipment section of the Washington State Patrol.

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An Investigation of the Safety Implications of Wireless Communications in Vehicles Appendix A: Legislation

ANNOTATED REVISED CODE OF WASHINGTON

TITLE 46. MOTOR VEHICLES

CHAPTER 46.37. VEHICLE LIGHTING AND OTHER EQUIPMENT

Rev. Code Wash. (ARCW) § 46.37.480 (1996)

 

§46.37.480. Television viewers -- Earphones

(1) No person shall drive any motor vehicle equipped with any television viewer, screen, or other means of visually receiving a television broadcast which is located in the motor vehicle at any point forward of the back of the driver's seat, or which is visible to the driver while operating the motor vehicle. This subsection does not apply to law enforcement vehicles communicating with mobile computer networks.

(2) No person shall operate any motor vehicle on a public highway while wearing any headset or earphones connected to any electronic device capable of receiving a radio broadcast or playing a sound recording for the purpose of transmitting a sound to the human auditory senses and which headset or earphones muffle or exclude other sounds. This subsection does not apply to students and instructors participating in a Washington State Motorcycle Safety Program.

(3) This section does not apply to authorized emergency vehicles, motorcyclists wearing a helmet with built-in headsets or earphones as approved by the Washington State Patrol, or motorists using hands-free, wireless communications systems, as approved by the equipment section of the Washington State Patrol.

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An Investigation of the Safety Implications of Wireless Communications in Vehicles Appendix A: Legislation

WISCONSIN STATUTES

VEHICLES

CHAPTER 346. RULES OF THE ROAD

MISCELLANEOUS RULES

Wis. Stat. § 346.89 (1995-1996)

§346.89 Inattentive Driving.

(1) No person while driving a motor vehicle shall be so engaged or occupied as to interfere with the safe driving of such vehicle.

(2) No person shall drive any motor vehicle equipped with any device for visually receiving a television broadcast when such device is located in the motor vehicle at any point forward of the back of the operator's seat or when such device is visible to the operator while driving the motor vehicle.

MISCELLANEOUS RULES

Wis. Stat. § 346.95 (1995-1996)

§346.95 Penalty for violating Sections 346.87 to 346.94.

NOTE: Only the penalty associated with the statute listed above is represented.

(1) Any person violating S. 346.87, 346.88, 346.89 (2), 346.90 to 346.92 or 346.94 (1), (9), (10), (11), (12) or (15) may be required to forfeit not less than $ 20 nor more than $ 40 for the first offense and not less than $ 50 nor more than $ 100 for the 2nd or subsequent conviction within a year.

(2) Any person violating S. 346.89 (1), 346.93 or 346.94 (2), (4) or (7) may be required to forfeit not less than $ 20 nor more than $ 400.

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An Investigation of the Safety Implications of Wireless Communications in Vehicles Appendix A: Legislation