Texting while driving.
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Posted 22 April 2010 - 12:54 PM
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#18
Posted 25 July 2011 - 12:55 PM
New ND Laws: Cell Phones & Driving July 25, 2011
Question:
What do the new ND laws (Bills HB 1195 and 1256) say regarding electronic communication devices and vehicle operation?
Answer:
HB 1195 makes texting, Internet and other visual use of cell phones, illegal in ND while driving or stopped temporarily at a sign or light – lawfully parked is OK –emergency use is OK. Voice conversation, and dialing for voice, remains the same –legal, if you are over 18.
HB 1256 Says that if you are under 18, and so operating with a restricted license, you may neither talk nor text while driving. Emergency use is OK.
Narrative excerpts below. Underlined portions are new. Both new laws take effect August 1, 2011
Bob Olgeirson
Program Manager
Telecom Training & Safety
References:
1195 text. http://www.legis.nd.....pdf#CHAPTER279
Use of a wireless communications device prohibited.
1. The operator of a motor vehicle that is part of traffic may not use a wireless
communications device to compose, read, or send an electronic message.
2. Under this section:
a. "Electronic message" means a self-contained piece of digital
communication that is designed or intended to be transmitted between
physical devices. The term includes e - mail, a text message, an instant
message, a command or request to access a world wide web page, or
other data that uses a commonly recognized electronic communications
protocol. The term does not include:
(1) Reading, selecting, or entering a telephone number, an extension
number, or voice mail retrieval codes and commands into an electronic
device for the purpose of initiating or receiving a telephone or cellular
phone call or using voice commands to initiate or receive a telephone
or cellular phone call;
(2) Inputting, selecting, or reading information on a global positioning
system device or other navigation system device;
(3) Using a device capable of performing multiple functions, such as fleet
management systems, dispatching devices, smart phones, citizen
band radios, music players, or similar devices, for a purpose that is not
otherwise prohibited;
(4) Voice or other data transmitted as a result of making a telephone or
cellular phone call; or
(5) Data transmitted automatically by a wireless communication device
without direct initiation by an individual.
b. "Traffic" means operation of a motor vehicle while in motion or for the
purposes of travel on any street or highway and includes a temporary stop
or halt of motion, such as at an official traffic-control signal or sign. The
term does not include a motor vehicle that is lawfully parked.
3. This section does not apply if a wireless communications device is used for
obtaining emergency assistance to report a traffic accident, medical
emergency, or serious traffic hazard or to prevent a crime about to be
committed, in the reasonable belief that an individual's life or safety is in
immediate danger, or in an authorized emergency vehicle while in the
performance of official duties.
1256 text http://www.legis.nd.....pdf#CHAPTER272
6. A restricted license issued under subsection 3 to a child at least fourteen
years of age to operate a parent's or guardian's automobile authorizes the
licenseholder to drive the type or class of motor vehicle specified on the
restricted license only under the following conditions:
a. A restricted licenseholder must be in possession of the license while
operating the motor vehicle.
b. An individual holding a restricted driver's license driving a motor vehicle
may not carry more passengers than the vehicle manufacturer's
suggested passenger capacity.
c. An individual holding a restricted driver's license driving a motor vehicle
may not operate an electronic communication device to talk, compose,
read, or send an electronic message while operating a motor vehicle that
is in motion unless the sole purpose of operating the device is to obtain
emergency assistance, to prevent a crime about to be committed, or in the
reasonable belief that an individual's life or safety is in danger.
d. An individual holding a restricted driver's license may not operate a motor
vehicle between the later of sunset or nine p.m. and five a.m. unless a
parent, legal guardian, or an individual eighteen years of age or older is in
the front seat of the motor vehicle or the motor vehicle is being driven
#19
Posted 03 August 2011 - 08:17 AM
#20
Posted 03 August 2011 - 05:45 PM
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