BILL REQ. #:  H-1892.1 

Read first time 02/19/09.   Referred to Committee on Transportation.

     AN ACT Relating to removing the requirement that a violation of the prohibition on a person operating a motor vehicle while holding a wireless communications device to his or her ear be enforced only as a secondary action; amending RCW 46.61.667; and providing an effective date.

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

Sec. 1   RCW 46.61.667 and 2007 c 417 s 2 are each amended to read as follows:
     (1) Except as provided in subsections (2) and (3) 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, or a tow truck responding to a disabled 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;
     (d) A moving motor vehicle while using a hearing aid.
     (3) Subsection (1) of this section does not restrict the operation of an amateur radio station by a person who holds a valid amateur radio operator license issued by the federal communications commission.
     (4) For purposes of this section, "hands-free mode" means the use of a wireless communications device with a speaker phone, headset, or earpiece.
     (5) 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.
     (6) ((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.
     (7))) Infractions that result from the use of a wireless communications 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. 2   This act takes effect August 1, 2009.