HB 1270 – AS INTRODUCED
2006 SESSION
03/09
HOUSE BILL 1270
AN ACT relative to the use of wireless telephones while driving.
SPONSORS: Rep. P. Johnson, Hills 26
This bill establishes limitations on the use of a hand-held wireless telephone while driving.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2121
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the use of wireless telephones while driving.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Rules of the Road; Use of Hands-Free Wireless Telephone in Moving Vehicle. Amend RSA 265 by inserting after section 105 the following new section:
265:105-a Use of Hands-Free Wireless Telephone in Moving Vehicle.
I. The use of a wireless telephone by an operator of a moving motor vehicle on a way shall be unlawful except when the telephone is a hands-free wireless telephone, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle.
II. The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if:
(a) The operator has reason to fear for his or her life or safety, or believes that a criminal act may be perpetrated against the operator or another person; or
(b) The operator is using the telephone to report to appropriate authorities a fire, a traffic accident, a serious road hazard, or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless, or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs. A hand-held wireless telephone user’s telephone records or the testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under this subparagraph.
III.(a) As used in this section, “hands-free wireless telephone” means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone.
(b) “Use” of a wireless telephone shall include, but not be limited to, talking or listening to another person on the telephone.
IV. Enforcement of this section by law enforcement agencies shall be accomplished only as a secondary action when a driver of a motor vehicle has been cited or charged with a violation or some other offense.
V. A person who violates this section shall be fined no less than $100 or more than $250.
VI. The prohibitions set forth in this section shall not be applicable to any of the following persons while in the actual performance of their official duties: a law enforcement officer; a member of a paid, part-paid, or volunteer fire department or company; or an operator of an authorized emergency vehicle.
2 Public Information. The director of the division of motor vehicles of the department of safety shall develop and undertake a program to notify and inform the public as to the provisions of this act.
3 Effective Date.
I. Section 1 of this act shall take effect January 1, 2007.
II. The remainder of this act shall take effect October 1, 2006.