Read first time 01/17/2005.   Referred to Committee on Transportation.

     AN ACT Relating to the use of a wireless communications device while operating a motor vehicle; adding a new section to chapter 46.61 RCW; creating new sections; 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 wireless communications devices by motorists has increased in recent years. While wireless communications devices 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 wireless communications device 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 wireless communications devices 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, a person operating a moving motor vehicle while holding a wireless communications device to his or her ear is guilty of a traffic infraction.
     (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 wireless communications device in hands-free mode;
     (c) A moving motor vehicle using a hand-held wireless communications device 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 communications device with a speaker phone, headset, or earpiece.
     (4) The state preempts the field of regulating the use of wireless communications devices 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 wireless communications devices by the operator of a motor vehicle.
     (5) Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of this title or an equivalent local ordinance or some other offense.
     (6) Infractions that result from the use of a wireless communication device while operating a motor vehicle under this section shall not become part of the driver's record under RCW 46.52.101 and 46.52.120. Additionally, a finding that a person has committed a traffic infraction under this section shall not be made available to insurance companies or employers.

NEW SECTION.  Sec. 3   For the first six months after the effective date of this act, law enforcement officers may only issue verbal warnings for violations of section 2 of this act.

NEW SECTION.  Sec. 4   This act takes effect January 1, 2006.