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Rs 32:300.5 Use Of Certain Wireless Telecommunications Devices For Text Messaging And Social Networking Prohibited

§300.5. Use of certain wireless telecommunications devices for text messaging and social

networking prohibited

A.(1) Except as provided in Subsection B of this Section, no person shall operate any

motor vehicle upon any public road or highway of this state while using a wireless

telecommunications device to write, send, or read a text-based communication. For purposes

of this Section, a person shall not be deemed to be writing, reading, or sending a text

message if the person reads, selects, or enters a telephone number or name in a wireless

telecommunications device for the purpose of making a telephone call.

(2) No person shall operate any motor vehicle upon any public road or highway of

this state while using a wireless telecommunications device to access, read, or post to a social

networking site.

(3)(a) "Wireless telecommunications device" means a cellular telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other

substantially similar wireless device that is readily removable from the vehicle and is used

to write, send, or read text or data through manual input. A "wireless telecommunications

device" shall not include any device or component that is permanently affixed to a motor

vehicle. It does not include citizens band radios, citizens band radio hybrids, commercial

two-way radio communication devices, two-way radio transmitters or receivers used by

licensees of the Federal Communication Commission in the Amateur Radio Service, or

electronic communication devices with a push-to-talk function.

(b) "Write, send, or read a text-based communication" means using a wireless

telecommunications device to manually communicate with any person by using a text-based

communication referred to as a text message, instant message, or electronic mail.

(c) "Access, read, or post to a social networking site" means using a wireless

telecommunications device to access, read, or post on such device to any web-based service

that allows individuals to construct a profile within a bounded system, articulate a list of

other users with whom they share a connection, and communicate with other members of the

site.

B. The provisions of Paragraph (A)(1) of this Section shall not apply to the

following:

(1) Any law enforcement officer, firefighter, or operator of an authorized emergency

vehicle while engaged in the actual performance of his official duties.

(2) An operator of a moving motor vehicle using a wireless telecommunications

device to:

(a) Report illegal activity.

(b) Summon medical or other emergency help.

(c) Prevent injury to a person or property.

(d) Relay information between a transit or for-hire operator and that operator's

dispatcher, in which the device is permanently affixed to the vehicle.

(e) Navigate using a global positioning system.

(3) A physician or other health care provider using a wireless telecommunications

device to communicate with a hospital, health clinic or the office of the physician, or to

otherwise provide for the health care of an individual or medical emergency through a text-based communication.

C.(1) The first violation of the provisions of this Section shall be punishable by a

fine of not more than five hundred dollars.

(2) Each subsequent violation shall be punishable by a fine of not more than one

thousand dollars.

(3) If the person is involved in a crash at the time of violation, then the fine shall be

equal to double the amount of the standard fine imposed in this Subsection and the law

enforcement officer investigating the crash shall indicate on the written accident form that

the person was using a wireless telecommunications device at the time of the crash.

(4) Any violation of this Section shall constitute a moving violation.

Acts 2008, No. 665, §1, eff. July 1, 2008; Acts 2010, No. 203, §1; Acts 2013, No. 62,

§1; Acts 2016, No. 472, §2, eff. June 13, 2016.

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Local Government
Louisiana
3
1
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
device
wireless
telecommunications
communication
vehicle
form
text
motor
fine
devices