§ 31-10.3-38. Prohibition on use of hand-held mobile telephones while driving a commercial motor vehicle. (a) Definitions. For the purpose of this section only:

(1) "Driving" means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic-control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.

(2) "Mobile telephone" means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in Part 20.3 of Title 47 of the Code of Federal Regulations, referred to as 47 C.F.R. 20.3. It does not include two-way or citizens band radio services.

(3) "Use a hand-held mobile telephone" means:

(i) Using at least one hand to hold a mobile telephone to conduct a voice communication;

(ii) Dialing or answering a mobile telephone by pressing more than a single button; or

(iii) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with Part 393.93 of Title 49 of the Code of Federal Regulations, referred to as 49 C.F.R. 393.93, and adjusted in accordance with the vehicle manufacturer's instructions.

(b)(1) No driver shall use a hand-held mobile telephone while driving a commercial motor vehicle.

(2) No motor carrier shall allow, or require its drivers to use, a hand-held mobile telephone while driving a commercial motor vehicle.

(c) Emergency exception. Using a hand-held mobile telephone is permissible by drivers of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.

History of Section. (P.L. 2014, ch. 257, § 2; P.L. 2014, ch. 307, § 2.)