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Rs 32:300.8 Use Of Wireless Telecommunications Devices In School Zones Prohibited; Exceptions

§300.8. Use of wireless telecommunications devices in school zones prohibited; exceptions

A. As used in this Section, the following terms shall have the meanings ascribed to

them in this Section, unless the context clearly indicates a different meaning:

(1) "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.

(2) "Engage in a call" means talking or listening on a wireless telecommunications

device.

(3) "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 a hands-free wireless telephone, an electronic communication

device used hands-free, citizens band radios, citizens band radio hybrids, commercial two-way radio communications 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.

(4) "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 including but not limited to a text message, instant message, or electronic

mail.

B. Except as provided in Subsection C of this Section, no person shall operate any

wireless telecommunications device while operating a motor vehicle upon any public road

or highway during the posted hours within a school zone on such public road or highway.

Operating a wireless telecommunications device shall include:

(1) Engaging in a call.

(2) Writing, sending, or reading a text-based communication.

(3) Accessing, reading, or posting to a social networking site.

C. The provisions of Subsection B of this Section shall not apply to a person who

uses a wireless telecommunications device and does any of the following:

(1) Reports a traffic collision, medical emergency, or serious road hazard.

(2) Reports a situation in which the person believes his personal safety is in jeopardy.

(3) Reports or averts the perpetration or potential perpetration of a criminal act

against the driver or another person.

(4) Operates a wireless telecommunications device while the motor vehicle is

lawfully parked.

(5) Uses a wireless telecommunications device in an official capacity as an operator

of an authorized emergency vehicle.

D.(1) Any violation of this Section shall constitute a moving violation.

(2)(a) The first violation of the provisions of this Section shall be punishable by a

fine of not more than five hundred dollars.

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

thousand dollars and a suspension of driver's license for a sixty-day period.

(c) If a person is involved in a collision at the time of the 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 collision shall indicate on the written accident report

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

(3) It shall be an affirmative defense against an alleged violation for the person to

produce documentary or other evidence that the wireless telecommunications device that is

the basis of the alleged violation was used for emergency purposes as provided in Subsection

C of this Section.

E. The provisions of this Section shall only apply within a school zone upon a public

road or highway during posted hours when signs are located in a visible manner in each

direction that indicate the use of a hand-held wireless communications device is prohibited

while operating a motor vehicle.

Acts 2014, No. 410, §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
communications
report
vehicle
zone
indicate
motor