Page 1 of 2
Prepared by Sharon F. Lyles.
Thompson HB No. 370
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
MOTOR VEHICLES: Prohibits drivers from using certain cellular devices while
traveling through school zones during effective hours
DIGEST
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.
Proposed law defines "wireless telecommunications 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 a hands-free wireless telephone, an electronic communication device
used hands-free, 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 collision, 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 wireless telecommunications device while the motor vehicle is lawfully
parked.
(5)Using a wireless telecommunications device in an official capacity as an operator of
an authorized emergency vehicle. Page 2 of 2
Prepared by Sharon F. Lyles.
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 collision 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 collision shall indicate on the written accident form that the person was using a
wireless telecommunications device at the time of the collision.
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.
Effective January 1, 2015.
(Adds R.S. 32:300.8)
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Makes technical changes.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation, Highways,
and Public Works to the reengrossed bill
1. Excludes a hands-free wireless telephone and an electronic communication
device used hands-free from definition of "wireless telecommunication device".
2. Changes effective date to January 1, 2015.