§ 4125. Texting violations; handheld mobile telephone violations

(a) Definitions. As used in this section, "driving" means operating a commercial motor vehicle on a public 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 with or without the motor running when the operator 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.

(b)(1) General Prohibition on Texting. No operator shall engage in texting while driving a commercial motor vehicle.

(2) Exception. Texting while driving is permissible by operators of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.

(3) No person may be issued traffic complaints alleging a violation of this section and a violation of section 1099 of this title from the same incident.

(c)(1) General Prohibition on Use of Handheld Mobile Telephones. No operator shall use a handheld mobile telephone while driving a commercial motor vehicle.

(2) Exception. Use of a handheld mobile telephone is permissible by operators of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.

(d) Motor Carriers.

(1) A motor carrier shall not allow or require its drivers to engage in texting while driving a commercial motor vehicle.

(2) A motor carrier shall not allow or require its drivers to use a handheld mobile telephone while driving a commercial motor vehicle. (Added 2013, No. 20, § 1.)