|BILL AS INTRODUCED||2007-2008|
Introduced by Senator Ayer of Addison District and Senator Lyons of Chittenden District
Subject: Motor vehicles; cell telephones; mobile telephones
Statement of purpose: This bill proposes to prohibit the use of hand-held mobile telephones while operating a motor vehicle, except in emergency situations.
AN ACT RELATING TO 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 MOBILE TELEPHONE
(a) Definitions. For purposes of this section, the following terms shall having the following definitions:
(1) "Engage in a call" shall mean talking into or listening on a hand-held mobile telephone, but shall not include holding a mobile telephone to activate, deactivate, or initiate a function of the telephone.
(2) "Hand-held mobile telephone" shall mean a mobile telephone with which a user engages in a call using at least one hand.
(3) "Hands-free mobile telephone" shall mean a mobile telephone that has an internal feature or function or that is equipped with an attachment or addition, whether or not permanently part of the mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate, or initiate a function of the telephone.
(4) "Immediate proximity" shall mean that distance which 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.
(5) "Mobile telephone" shall mean the device used by subscribers and other users of wireless telephone service to access the service.
(6) "Using" shall mean holding a mobile telephone to, or in the immediate proximity of, the user's ear.
(7) "Wireless telephone service" shall mean 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 this term is defined by 47 C.F.R. § 20.3.
(b) Except as otherwise provided in this section, a person shall not operate a motor vehicle upon 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 vehicle is in motion is presumed to be engaging in a call within the meaning of this section. The presumption established by this subsection may be rebutted by evidence tending to show that the operator was not engaged in a call.
(c) The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a mobile telephone.
(d) The provisions of this section shall not apply to the use of a mobile telephone for the sole purpose of communicating with an enforcement officer as defined in section 4 of this title, with a 911 operator, or with anyone performing emergency functions as defined in 20 V.S.A. § 2.
(e) A person who violates the provisions of this section shall be fined not more than $100.00.
The Vermont General Assembly
115 State Street