REFERENCE TITLE: cellular telephone use; texting; driving
State of Arizona
Second Regular Session
Senators Melvin, Aguirre, Allen C; Representative Farley: Senator Pierce S; Representative Heinz
amending title 28, chapter 3, Arizona Revised Statutes, by adding article 22; relating to the use of communication devices while driving.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 28, chapter 3, Arizona Revised Statutes, is amended by adding article 22, to read:
ARTICLE 22. USE OF COMMUNICATION DEVICES WHILE DRIVING
In this article, unless the context otherwise requires:
1. "Cellular telephone" means an analog or digital wireless telephone that is authorized by the federal communications commission to operate in the frequency bandwidth reserved for cellular radiophones and that does not include a voice-operated or hands-free device.
2. "Personal digital assistant" means a wireless electronic communication device that provides for data communication other than by voice, or that provides for data communication and voice communication, but that does not include a voice-operated or hands-free device.
3. "Voice-operated or hands-free device" means a device that allows a person to write, send or read a written message without the use of either hand except to activate or deactivate a feature or function.
4. "Write, send or read" means the manual entry, sending or retrieval of a written message to communicate with any person or device via wireless means.
28-1222. Use of communication device while driving; prohibition; exceptions
A. A person shall not operate a motor vehicle on a highway while using a handheld cellular telephone or a handheld personal digital assistant to write, send or read a written message.
B. This section does not apply to either of the following:
1. An operator of an authorized emergency vehicle or a law enforcement officer using equipment necessary for the operator's or law enforcement officer's duties.
2. A person who reads, selects or enters a telephone number or name in a handheld cellular telephone or a handheld personal digital assistant for the purpose of making or receiving a telephone call.
28-1223. Nonmoving violation; civil penalties
A. A violation of this article is a nonmoving civil traffic violation.
B. If a person violates this article and the person is not involved in a motor vehicle accident, the person is subject to a civil penalty of fifty dollars.
C. If a person violates this article and the person is involved in a motor vehicle accident, the person is subject to a civil penalty of two hundred dollars.
Sec. 2. Warning period
Notwithstanding section 28-1222, Arizona Revised Statutes, as added by this act, for the purpose of informing and educating persons who operate motor vehicles, beginning January 1, 2011 through January 31, 2011, any law enforcement officer authorized to issue traffic complaints may stop motor vehicles and shall only issue a warning to persons violating section 28-1222, Arizona Revised Statutes, as added by this act.
Sec. 3. Effective date
Title 28, chapter 3, article 22, Arizona Revised Statutes, as added by this act, is effective from and after December 31, 2010.
Sec. 4. Short title
This act may be cited as the "No texting while driving act".