GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H                                                                                                                                                    1

HOUSE BILL 9

Short Title:        No Texting While Driving.		(Public)
Sponsors:	Representatives Pierce, Harrison, Hall (Primary Sponsors);  K. Alexander, M. Alexander, Allred, Bell, Bryant, Carney, Cleveland, Dickson, Dollar, Earle, England, Farmer-Butterfield, Fisher, Goforth, Goodwin, Jackson, Jones, Justice, Luebke, McLawhorn, Spear, Starnes, Tarleton, Underhill, and Weiss.
Referred to:	Rules, Calendar, and Operations of the House.

February 2, 2009

A BILL TO BE ENTITLED

AN ACT to make it unlawful to use additional technology associated with a mobile phone while operating a vehicle on a public street or highway or public vehicular area.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 20-137.3(a)(1) reads as rewritten:

"(1)      Additional technology. - Any technology that provides access to digital media such asincluding, but not limited to, a camera, electronic mail, music, the Internet, text messaging, or games."

SECTION 2.  Chapter 20 of the General Statutes is amended by adding a new section to read:

"§ 20-137.4A.  Unlawful use of additional technology.

(a) Offense. - It shall be unlawful for any person to use additional technology, as defined in G.S. 20-137.3(a)(1), associated with any mobile phone, while operating a vehicle on a public street or highway or public vehicular area.

(b) Exceptions. - The provisions of the section shall not apply to any of the following while in the performance of their official duties: a law enforcement officer; a member of a fire department; or the operator of a public or private ambulance.

(c) Penalty. - A violation of this section shall be an infraction and shall be punishable by a fine of one hundred dollars ($100.00) and the cost of court. No drivers license points or insurance surcharge shall be assessed as a result of a violation of this section. Failure to comply with the provisions of this section shall not constitute negligence per se or contributory negligence by the operator in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a vehicle."

SECTION 3.  This act becomes effective December 1, 2009, and applies to offenses committed on or after that date.