Bill Summary for H 831 (2017-2018)

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Summary date: 

Apr 12 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 831 (Public) Filed Tuesday, April 11, 2017
AN ACT TO MAKE USING A MOBILE TELEPHONE OR ELECTRONIC COMMUNICATION DEVICE UNLAWFUL WHILE OPERATING A MOTOR VEHICLE ON A PUBLIC STREET, HIGHWAY, OR PUBLIC VEHICULAR AREA UNLESS HANDS-FREE EQUIPMENT IS USED BY THE OPERATOR.
Intro. by Wray.

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Bill summary

Identical to S 364 filed on 3/23/17.

Repeals the following statutes: (1) GS 20-137.3 (Unlawful use of a mobile phone by persons under 18 years of age), (2) GS 20-137.4 (Unlawful use of a mobile phone), and (3) GS 20-137.4A (Unlawful use of mobile telephone for text messaging or electronic mail).

Enacts new GS 20-137.3A to prohibit driving while using a mobile telephone or electronic communication device unless it is done using hands free equipment; violations are an infraction with a $200 fine and no court costs. Prohibits a person under age 18 from driving while using a mobile phone or electronic communication device except when communicating an emergency to a specified entity; violations are an infraction with a $50 fine, with no court costs. Prohibits driving a school bus while using a mobile phone or electronic communication device except when communicating an emergency to a specified entity; violations are a Class 2 misdemeanor, including a fine of not less than $200 and court costs. Prohibits operating a commercial motor vehicle while using a mobile telephone or electronic communication device; however, does not (1) prohibit the use of hands‑free equipment or (2) supersede any more restrictive provisions for operators of commercial motor vehicles prescribed by federal law or regulation. Violations while operating a commercial motor vehicle are an infraction with a $200 fine and no court costs. Specifies exceptions to these prohibitions, including using a global positioning system, navigation system, or portable music player affixed, mounted, or installed in a motor vehicle (although does not authorize a person to manually type or enter text, numbers, or symbols into a global positioning system, navigation system, or portable music player while driving) and use of a mobile telephone or electronic communication device by specified public safety officers while in the performance of, and for a purpose related to, their official duties. Creates a rebuttable presumption that a person holding a mobile telephone or electronic communication device in his or her hand or hands while driving is using a mobile telephone or electronic communication device. Prohibits an insurance premium surcharge or assessment of driver's license points for a violation of the statute. Prohibits local governments from passing any ordinance regulating the use of mobile telephones or electronic communication devices while operating a motor vehicle, commercial motor vehicle, or school bus.

Effective December 1, 2017, and applies to offenses committed on or after that date. Does not affect prosecutions for offenses committed before that date, and statutes applicable but for this act remain applicable to those prosecutions.