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Regular Session, 2014
HOUSE BILL NO. 370
BY REPRESENTATIVE THOMPSON
MOTOR VEHICLES: Prohibits drivers from using certain cellular devices while traveling
through school zones during effective hours
AN ACT1
To enact R.S. 32:300.8, relative to the prohibition of the use of wireless telecommunications2
devices in active school zones; to prohibit the use of wireless telecommunications3
in school zones during posted hours; to provide for exceptions; to provide for4
penalties; and to 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. Use of wireless telecommunications devices in school zones prohibited;8
exceptions9
A. As used in this Section, the following terms shall have the meanings10
ascribed to them in this Section, unless the context clearly indicates a different11
meaning:12
(1) "Wireless communications device" means a cellular telephone, a text-13
messaging device, a personal digital assistant, a stand alone computer, or any other14
substantially similar wireless device that is readily removable from the vehicle and15
is used to write, send, or read text or data through manual input. A "wireless16
telecommunications device" shall not include any device or component that is17
permanently affixed to a motor vehicle. It does not include citizens band radios,18
citizens band radio hybrids, commercial two-way radio communications devices,19
two-way radio transmitters or receivers used by licensees of the Federal20 HLS 14RS-149 ENGROSSED
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Communication Commission in the Amateur Radio Service, or electronic1
communication devices with a push-to-talk-function.2
(2) "Engage in a call" means talking or listening on a wireless3
telecommunications device.4
(3) "Write, send, or read a text-based communication" means using a5
wireless telecommunications device to manually communicate with any person by6
using a text-based communication referred to as a text message, instant message, or7
electronic mail.8
(4) "Access, read, or post to a social networking site" means using a wireless9
telecommunications device to access, read, or post on such device to any web-based10
service that allows individuals to construct a profile within a bounded system,11
articulate a list of other users with whom they share a connection, and communicate12
with other members of the site.13
B. Except as provided in Subsection C of this Section, no person shall14
operate any wireless telecommunications device while operating a motor vehicle15
upon any public road or highway during the posted hours within a school zone on16
such public road or highway. Operating a wireless telecommunications device shall17
include:18
(1) Engaging in a call.19
(2) Writing, sending, or reading a text-based communication.20
(3) Accessing, reading, or posting to a social networking site.21
C. The provisions of Subsection B of this Section shall not apply to a person22
who uses a wireless telecommunications device and does any of the following:23
(1) Reports a traffic crash, medical emergency, or serious road hazard.24
(2) Reports a situation in which the person believes his personal safety is in25
jeopardy.26
(3) Reports or averts the perpetration or potential perpetration of a criminal27
act against the driver or another person.28 HLS 14RS-149 ENGROSSED
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(4) Operates a telecommunications device while the motor vehicle is1
lawfully parked.2
(5) Uses a wireless communications device in an official capacity as an3
operator of an authorized emergency vehicle.4
D.(1) Any violation of this Section shall constitute a moving violation.5
(2)(a) The first violation of the provisions of this Section shall be punishable6
by a fine of not more than one hundred seventy-five dollars.7
(b) Each subsequent violation shall be punishable by a fine of not more than8
five hundred dollars.9
(c) If a person is involved in a crash at the time of the violation, then the fine10
shall be equal to double the amount of the standard fine imposed in this Subsection11
and the law enforcement officer investigating the crash shall indicate on the written12
accident report that the person was using a wireless telecommunications device at13
the time of the crash.14
(3) It shall be an affirmative defense against an alleged violation for the15
person to produce documentary or other evidence that the wireless16
telecommunications device that is the basis of the alleged violation was used for17
emergency purposes as provided in Subsection C of this Section.18
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)]
Thompson HB No. 370
Abstract: Prohibits the use of wireless telecommunications devices while traveling through
school zones during posted hours.
Proposed law prohibits the operation of wireless telecommunications devices while traveling
through a school zone during posted hours. "Operation of a wireless telecommunication
device" to include the following:
(1)Engaging in a call.
(2)Accessing, reading, or posting to a social networking site.
(3)Writing, sending, or reading a text-based communication. HLS 14RS-149 ENGROSSED
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Proposed law defines "wireless communications device" as a cellular telephone, a text-
messaging device, a personal digital assistant, a stand alone computer, or any other
substantially similar wireless device that is readily removable from the vehicle and is used
to write, send, or read text or data through manual input. Proposed law specifies that
definition excludes citizens band radios, citizens band radio hybrids, commercial two-way
radio communications devices, two-way radio transmitters or receivers used by licensees of
the Federal Communication Commission in the Amateur Radio Service, or electronic
communication devices with a push-to-talk-function.
Proposed law defines "engage in a call" as talking or listening on a wireless
telecommunications device.
Proposed law defines "write, send, or read a text-based communication" as using a wireless
telecommunications device to manually communicate with any person by using a text-based
communication referred to as a text message, instant message, or electronic mail. Defines
"access, read, or post to a social networking site" as using a wireless telecommunications
device to access, read, or post on such device to any web-based service that allows
individuals to construct a profile within a bounded system, articulate a list of other users
with whom they share a connection, and communicate with other members of the site.
Proposed law specifies that the wireless telecommunications prohibition in proposed law
does not apply to the following situations:
(1)Reporting a traffic crash, medical emergency, or serious road hazard.
(2)Reporting a situation in which the person believes his personal safety is in jeopardy.
(3)Reporting or averting the perpetration or potential perpetration of a criminal act
against the driver or another person.
(4)Operating a telecommunications device while the motor vehicle is lawfully parked.
(5)Using a wireless communications device in an official capacity as an operator of an
authorized emergency vehicle.
Proposed law provides for persons convicted of unlawfully using a wireless
telecommunications device while traveling through a school zone during posted hours are
subject to a moving violation and the following penalties apply:
(1)First violation: fined not more than $175.
(2)Each subsequent violation: fined not more than $500.
(3)Involvement in a crash at the time of violation: fine shall be equal to double the
amount of the standard fine imposed and the law enforcement officer investigating
the crash shall indicate on the written accident form that the person was using a
wireless telecommunications device at the time of the crash.
Proposed law provides that the production of documentary or other evidence proving that
the wireless telecommunications device was used for emergency purposes is an affirmative
defense against the alleged violation.
(Adds R.S. 32:300.8)