H.31

Introduced by Representative Nuovo of Middlebury

Referred to Committee on

Date:

Subject:  Motor vehicles; cell telephones; secondary enforcement

Statement of purpose:  This bill proposes to restrict the use of cellular telephones while operating a motor vehicle and to provide for secondary enforcement of this provision.

AN ACT RELATING TO RESTRICTING THE USE OF CELLULAR TELEPHONES WHILE OPERATING A MOTOR VEHICLE

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  23 V.S.A. § 1095a is added to read:

§ 1095a.  OPERATING WHILE USING A CELLULAR TELEPHONE

(a)  The operator of a motor vehicle shall not use a cellular telephone, except to place an emergency 911 call, while the vehicle is in motion on a highway.

(b)  This section may be enforced only if a law enforcement officer has detained the operator of a motor vehicle for a suspected violation of another traffic offense.  An operator shall not be subject to the penalty established in this section unless the operator is required to pay a penalty for the primary offense.

(c)  The penalty for violation of this section shall be as follows:

(1)  $25.00 for a first violation;

(2)  $50.00 for a second violation;

(3)  $100.00 for third and subsequent violations.