GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

S                                                                                                                                                    D

SENATE DRS55020-LK-41  (2/3)

Short Title:     No Cell Phone Usage by Under 18 Drivers.		(Public)
Sponsors:	Senator Brock.
Referred to:

A BILL TO BE ENTITLED

AN ACT to restrict the operation of a motor vehicle By drivers under eighteen years of age while using a mobile telephone.

The General Assembly of North Carolina enacts:

SECTION 1.  Chapter 20 of the General Statutes is amended by adding a new section to read:

"§ 20‑140.6. Use of mobile telephones in motor vehicles restricted.

(a) As used in this section:

(1) 'Engage in a call' means talking into or listening on a handheld mobile telephone, but shall not include holding a mobile telephone to activate, deactivate, or initiate a function of the telephone.

(2) 'Handheld mobile telephone' means a mobile telephone with which a user engages a call using at least one hand.

(3) 'Immediate proximity' means that distance that permits the operator of a mobile telephone to hear telecommunications transmitted over the mobile telephone, but shall not require physical contact with the operator's ear.

(4) 'Mobile telephone' means the device used by subscribers and other users of a wireless telephone service to access the service.

(5) 'Using' means holding a mobile telephone to, or in the immediate proximity of, the user's ear.

(6) 'Wireless telephone service' means a two‑way real time voice telecommunications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service as the term is defined in 47 C.F.R. § 20.3.

(b) Except as otherwise provided in this section, no person under the age of 18 years shall operate a motor vehicle on a public highway while using a mobile telephone to engage in a call while the vehicle is in motion. An operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of, his or her ear while the motor vehicle is in motion is presumed to be engaging in a call within the meaning of this section. The presumption established by this subsection is rebuttable by evidence tending to show that the operator was not engaged in a call. The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a mobile telephone, unless otherwise provided by law.

(c) Subsection (b) of this section shall not apply to the use of a mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation:

(1) An emergency response operator.

(2) A hospital.

(3) A physician's office or health clinic.

(4) An ambulance company or corps.

(5) A fire department.

(d) Violation of subsection (b) of this section is an infraction punishable by a fine of not more than one hundred dollars ($100.00)."

SECTION 2.  This act becomes effective December 1, 2005, and applies to offenses committed on or after that date.