LRB-3644/1
EVM:kjf:jf
2011 - 2012 LEGISLATURE
March 15, 2012 - Introduced by Representatives Barca, Bewley, Berceau, Bernard
Schaber, Molepske Jr and Toles. Referred to Committee on Transportation.
AB705,1,2
1An Act to amend 346.95 (2); and
to create 346.89 (4) of the statutes;
relating
2to: use of hand-held mobile telephones while driving and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits inattentive driving of a motor vehicle, which means that
a driver of a motor vehicle may not be so engaged or occupied as to interfere with the
safe driving of the vehicle. Current law also specifically prohibits, with certain
exceptions, a person from driving while composing or sending an electronic text
message. Persons who violate either of these prohibitions may be required to forfeit
not less than $20 nor more than $400.
This bill prohibits a person from driving while using a hand-held mobile
telephone. The prohibition does not apply to any of the following: 1) operators of
authorized emergency vehicles; 2) use of certain emergency alert or vehicle
monitoring devices; 3) use of global positioning system devices; 4) certain amateur
radio operators; 5) certain use of hands-free telephones; and 6) use in response to an
emergency. Persons who violate this prohibition are subject to the same penalty as
for inattentive driving or driving while composing or sending an electronic text
message.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB705, s. 1
3Section
1. 346.89 (4) of the statutes is created to read:
AB705,2,2
1346.89
(4) (a) No person may drive, as defined in s. 343.305 (1) (b), a motor
2vehicle while using a hand-held mobile telephone.
AB705,2,33
(b) This subsection does not apply to any of the following:
AB705,2,44
1. The operator of an authorized emergency vehicle.
AB705,2,75
2. The use of any device whose primary function is transmitting and receiving
6emergency alert messages and messages related to the operation of the vehicle or an
7accessory that is integrated into the electrical system of a vehicle.
AB705,2,98
3. The use of a global positioning system device, including a global positioning
9system device that is integrated into a mobile telephone.
AB705,2,1310
4. An amateur radio operator who holds a valid amateur radio operator's
11license issued by the federal communications commission when he or she is using
12dedicated amateur radio 2-way radio communication equipment and observing
13proper amateur radio operating procedures.
AB705,2,1714
5. The use of a voice-operated or hands-free mobile telephone if the driver of
15the motor vehicle does not use his or her hands to operate the telephone, except to
16activate or deactivate a feature or function of the telephone, including dialing a
17telephone number.
AB705,2,1818
6. The use of a mobile telephone in response to an emergency.
AB705, s. 2
19Section
2. 346.95 (2) of the statutes is amended to read:
AB705,2,2120
346.95
(2) Any person violating s. 346.89 (1)
or, (3) (a)
, or (4) (a) or 346.94 (2),
21(4), or (7) may be required to forfeit not less than $20 nor more than $400.
AB705,2,2423
(1)
This act takes effect on the first day of the 7th month beginning after
24publication.
