HLS 11RS-917 ORIGINAL
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Regular Session, 2011
HOUSE BILL NO. 337
BY REPRESENTATIVE AUSTIN BADON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MOTOR VEHICLES: Makes using a cellular device while operating a vehicle a secondary
offense
AN ACT1
To enact R.S. 32:300.8, relative to the use of telephones and electronic communication2
devices while driving; to prohibit the use of wireless telephones while driving; to3
prohibit text messaging and e-mailing while driving; to provide for penalties; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 32:300.8 is hereby enacted to read as follows:7
ยง300.8. Wireless telephones and electronic communication devices; use prohibited8
while driving9
A.(1) The use of a wireless telephone or electronic communication device10
by an operator of a moving motor vehicle on a public road or highway shall be11
unlawful, except when the telephone is a hands-free wireless telephone or the12
electronic communication device is used hands free, provided that its placement does13
not interfere with the operation of federally required safety equipment, and the14
operator exercises a high degree of caution in the operation of the motor vehicle.15
(2) This Section does not apply to the use of a wireless telephone or16
electronic communication device for the purpose of communicating with any of the17
following regarding an emergency situation:18
(a) An emergency system response operator or 911 public safety19
communications dispatcher.20 HLS 11RS-917 ORIGINAL
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(b) A hospital or emergency room.1
(c) A physician's office or health clinic.2
(d) An ambulance or fire department rescue service.3
(e) A law enforcement agency.4
(f) A fire department, fire protection district, or volunteer fire department.5
B. For purposes of this Section, the following words and phrases shall mean:6
(1) "Electronic communication device" shall mean a handheld device7
capable of sending or receiving communications without an access line for service8
and which requires the operator to manually insert letters or figures. It does not9
include citizens band radios, citizens band radio hybrids, commercial two-way radio10
communication devices, two-way mobile radio transmitters or receivers used by11
licensees of the Federal Communications Commission in the Amateur Radio Service,12
or electronic communication devices with a push-to-talk function.13
(2) "Hands-free wireless telephone" shall mean a mobile telephone that has14
an internal feature or function, or that is equipped with an attachment or addition,15
whether or not permanently part of such mobile telephone, by which a user engages16
in a conversation without the use of either hand; provided, however, this definition17
shall not preclude the use of either hand to activate, deactivate, or initiate a function18
of the telephone.19
(3) "Use" of a wireless telephone or electronic communication device shall20
include but not be limited to talking or listening to another person on the telephone,21
text messaging, or sending an electronic message via the wireless telephone or22
electronic communication device.23
(4) "Wireless telephone" shall mean a handheld device capable of sending24
or receiving telephone communications without an access line for service and which25
requires the operator to dial numbers manually. It does not include citizens band26
radios or citizens band radio hybrids.27
C. A person found in violation of this Section shall be fined, for a first28
violation, not less than one hundred dollars; for a second violation, not more than one29 HLS 11RS-917 ORIGINAL
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hundred fifty dollars; for a third violation, not more than two hundred dollars; and1
for a fourth or subsequent violation, not more than two hundred fifty dollars.2
D. A violation of this Section shall be a secondary offense.3
Section 2. This Act shall become effective on January 1, 2012.4
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Austin Badon HB No. 337
Abstract: Prohibits use of wireless telephone or electronic communication devices by
operators of moving motor vehicles except when the device is a hands-free wireless
telephone or the electronic communication device is used hands free or for an
emergency and provides for penalties.
Proposed law prohibits the use of wireless telephones or electronic communication devices
by operators of moving motor vehicles except when the device is a hands-free wireless
telephone or the electronic communication device is used hands free or for an emergency.
Proposed law defines the terms "electronic communication device", "hands-free wireless
telephone", "use", and "wireless telephone".
Proposed law provides that the penalty for a violation of proposed law shall be not less than
$100 for the first violation, not more than $150 for a second violation, not more than $200
for a third violation, and not more than $250 for a fourth or subsequent violation.
Proposed law provides that the offense shall be secondary.
Effective Jan. 1, 2012.
(Adds R.S. 32:300.8)