Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Transportation Committee

HB 2706

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Exempting tow truck operators using the telephone call functionality of a wireless communications device from traffic infractions.

Sponsors: Representatives Irwin, Griffey, Fey and Condotta.

Brief Summary of Bill

  • Exempts tow truck operators from using their wireless communications device for the purpose of making a phone call from the prohibition on the use of a personal electronic device while driving.

Hearing Date: 1/22/18

Staff: Jennifer Harris (786-7143).

Background:

A person who uses a personal electronic device while driving a motor vehicle on a public highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays, is guilty of a traffic infraction. The activity of driving does not include when a vehicle has pulled over to the side of or off of a highway and has stopped in a location where it can safely remain stationary.

A personal electronic device means a portable electronic device that is capable of wireless communication or electronic data retrieval and that is not manufactured primarily for hands-free use in a motor vehicle. It includes cell phones, tablets, laptops, two-way messaging devices, and electronic games. Two-way radios, citizens band radios, and amateur radio equipment are excluded from the definition of personal electronic device.

The following activities are prohibited while driving:

  1. holding a personal electronic device in either or both hands;

  2. using a hand or finger to compose, send, read, view, access, browse, transmit, save, or retrieve electronic mail (email), text messages, instant messages, photographs, or other electronic data; and

  3. watching a video on a personal electronic device.

The minimal use of a finger to activate, deactivate, or initiate a function of a personal electronic device is permitted.

Exceptions for this infraction apply to the following uses:

  1. the use of a personal electronic device to contact emergency services;

  2. a transit system employee's use of a system for time-sensitive relay communication between the transit system employee and the transit system's dispatch services;

  3. a commercial motor vehicle driver's use of a personal electronic device within the scope of his or her employment if such use is permitted under federal law; and

  4. the operation of an authorized emergency vehicle.

The state preempts local laws regulating the use of personal electronic devices in motor vehicles while driving.

Summary of Bill:

Tow truck operators using their wireless communications device for the purpose of making a phone call are exempted from the prohibition on the use of a personal electronic device while driving.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.