First Regular Session Sixty-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 03-0017.01 Thomas Morris HOUSE BILL 03-1182 HOUSE SPONSORSHIP Garcia, Groff, and Marshall SENATE SPONSORSHIP (None), House Committees Senate Committees Information & Technology A BILL FOR AN ACT Concerning the regulation of mobile communication devices in motor vehicles. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Makes driving a motor vehicle while using a cellular telephone or other mobile communication device, other than a "hands-free" device, a secondary traffic offense. Establishes exemptions and penalty and point assessments for infractions. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby finds that: (a) Nationwide there are more than eighty million mobile communication device subscribers and one hundred forty thousand 911 calls made every day from mobile communication devices, and such devices play an important role in public safety; (b) Nevertheless, the operation of motor vehicles on public highways while using hand-held mobile communication devices may impair the ability of the operator to control the operation of the motor vehicle; (c) Advances in technology have made voice-activated mobile communication devices, as well as hands-free accessories such as cellular headsets and cigarette lighter adapters, widely available to the public at a reasonable cost; (d) The use of such hands-free devices reduces the dangers and risks associated with using a mobile communication device while operating a motor vehicle. (2) Now, therefore, the General Assembly hereby declares that the people of this state should be protected from operators of motor vehicles who abuse mobile communication devices while driving. This legislation is intended to encourage drivers to use only hands-free mobile communication devices, and only when it is safe to do so. SECTION 2. Part 2 of article 4 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 42-4-238. Misuse of mobile communication devices - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Hands-free device" means a mobile communication device or an attachment, add-on, or addition to a mobile communication device that, regardless of whether it is permanently installed in a motor vehicle or affixed to the mobile communication device, allows the operator of the motor vehicle to operate the mobile communication device without using either hand other than for activation, deactivation, and dialing. (b) "Mobile communication device" means a cellular telephone, citizen's band radio, or other device that enables a person in a motor vehicle to transmit and receive audio signals to and from a person or audio recording device located outside the motor vehicle. (2) No person shall use a mobile communication device while operating a motor vehicle unless the device is a hands-free device. This section shall not apply to a person who is using the mobile communication device: (a) To contact a public safety entity; (b) While the vehicle is lawfully parked; or (c) During an emergency. (3) This section shall not apply to a firefighter, a member of an ambulance team, or a peace officer, level I, as defined in section 18-1-901 (3) (l) (I), C.R.S., while performing official duties so long as the performance of said duties is in accordance with rules applicable to such persons. (4) Any person who operates a motor vehicle in violation of subsection (2) of this section commits a class B traffic infraction as defined in section 42-4-1701 (3). (5) No operator of a motor vehicle shall be cited for a violation of subsection (2) of this section unless such operator was stopped by a law enforcement officer for an alleged violation of articles 1 to 4 of this title other than a violation of this section. SECTION 3. 42-2-127 (5), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 42-2-127. Authority to suspend license - to deny license - type of conviction - points. (5) Point system schedule: Type of conviction Points (jj) Misuse of a mobile communication device 3 SECTION 4. 42-4-1701 (4) (a) (I) (D), Colorado Revised Statutes, is amended to read: 42-4-1701. Traffic offenses and infractions classified - penalties - penalty and surcharge schedule. (4) (a) (I) Except as provided in paragraph (c) of subsection (5) of this section, every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of any provision of this title to which the provisions of paragraph (a) or (b) of subsection (5) of this section apply shall be fined or penalized, and have a surcharge levied thereon pursuant to section 24-4.2-104 (1) (b) (I), C.R.S., in accordance with the penalty and surcharge schedule set forth in sub-subparagraphs (A) to (P) of this subparagraph (I); or, if no penalty or surcharge is specified in the schedule, the penalty for class A and class B traffic infractions shall be fifteen dollars, and the surcharge shall be two dollars. These penalties and surcharges shall apply whether the defendant acknowledges the defendant's guilt or liability in accordance with the procedure set forth by paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction or has judgment entered against the defendant by a county court magistrate. Penalties and surcharges for violating specific sections shall be as follows: Section Violated Penalty Surcharge (D) Equipment violations: 42-4-201 $ 35.00 $ 4.00 42-4-202 35.00 4.00 42-4-204 15.00 2.00 42-4-205 15.00 2.00 42-4-206 15.00 2.00 42-4-207 15.00 2.00 42-4-208 15.00 2.00 42-4-209 15.00 2.00 42-4-210 15.00 2.00 42-4-211 15.00 2.00 42-4-212 15.00 2.00 42-4-213 15.00 2.00 42-4-214 15.00 2.00 42-4-215 15.00 2.00 42-4-216 15.00 2.00 42-4-217 15.00 2.00 42-4-218 15.00 2.00 42-4-219 15.00 2.00 42-4-220 15.00 2.00 42-4-221 15.00 2.00 42-4-222 (1) 15.00 2.00 42-4-223 15.00 2.00 42-4-224 15.00 2.00 42-4-225 (1) 15.00 2.00 42-4-226 15.00 2.00 42-4-227 (1) 50.00 6.00 42-4-227 (2) 15.00 2.00 42-4-228 (1), (2), (3), (5), or (6) 15.00 2.00 42-4-229 15.00 2.00 42-4-230 15.00 2.00 42-4-231 15.00 2.00 42-4-232 15.00 2.00 42-4-233 75.00 9.00 42-4-234 15.00 2.00 42-4-235 50.00 6.00 42-4-236 50.00 6.00 42-4-237 15.00 2.00 42-4-238 15.00 2.00 42-4-1411 15.00 2.00 42-4-1412 15.00 2.00 42-4-1901 35.00 4.00 SECTION 5. 42-4-1411 (1) (a), Colorado Revised Statutes, is amended to read: 42-4-1411. Use of earphones while driving. (1) (a) Except as provided in section 42-4-238, no person shall operate a motor vehicle while wearing earphones. SECTION 6. Effective date - applicability. (1) This act shall take effect January 1, 2006, unless a referendum petition is filed during the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution. If such a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor. (2) The provisions of this act shall apply to traffic offenses committed on or after the applicable effective date of this act.