S-1663.2  _______________________________________________

                         SENATE BILL 6100

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Eide, Prentice, Winsley and Kohl‑Welles

Read first time 02/21/2001.  Referred to Committee on Transportation.

Restricting use of mobile telephones in moving motor vehicles.

    AN ACT Relating to the use of a mobile telephone while operating a motor vehicle; adding a new section to chapter 46.61 RCW; creating a new section; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  The use of mobile telephones by motorists has increased in recent years.  While mobile telephones have assisted with quick reporting of road emergencies, their use has also contributed to accidents and other mishaps on Washington state roadways.  When motorists hold a mobile telephone in one hand and drive with the other, their chances of becoming involved in a traffic mishap increase.  It is the legislature's intent to phase out the use of hand-held mobile telephones by motorists while operating a vehicle.

NEW SECTION. Sec. 2.  A new section is added to chapter 46.61 RCW to read as follows:

    (1) Except as provided in subsection (2) of this section, any person operating a moving motor vehicle while holding a mobile telephone to his or her ear is guilty of a traffic infraction and subject to a thirty-five dollar fine.

    (2) Subsection (1) of this section does not apply to a person operating:

    (a) An authorized emergency vehicle;

    (b) A moving motor vehicle using a mobile telephone in hands-free mode;

    (c) A moving motor vehicle who uses a hand-held mobile telephone to:

    (i) Report illegal activity;

    (ii) Summon medical or other emergency help;

    (iii) Prevent injury to a person or property.

    (3) For purposes of this section, "hands-free mode" means the use of a wireless telephone with a speaker phone, headset, or earpiece.

    (4) The state preempts the field of regulating the use of mobile telephones in motor vehicles, and this section supersedes any local laws, ordinances, orders, rules, or regulations enacted by a political subdivision or municipality to regulate the use of mobile telephones by the operator of a motor vehicle.

NEW SECTION. Sec. 3.  This act takes effect January 1, 2004.

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