New Cell Phone Law


Jerry NA7Z <GJRCK@...>
 

Due to vigorous lobbying by Washington Amateurs, section 3 was
inserted into this bill. Jerry NA7Z

RCW 46.61.667
Using a wireless communications device while driving. (Effective July
1, 2008.)

(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, 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.

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