TO MAKE USING A MOBILE PHONE UNLAWFUL WHILE DRIVING A MOTOR VEHICLE ON A PUBLIC STREET OR HIGHWAY OR PUBLIC VEHICULAR AREA.
Deletes all provisions of GS 20-137.3 and replaces with the following new GS 20-137.3 provisions. Makes it unlawful to use a mobile phone or additional technology associated with a mobile phone while operating a motor vehicle or school bus on a public street or highway or public vehicular area. Defines additional technology, emergency situation, mobile telephone, school bus, and wireless telephone service. The prohibition does not apply if the mobile phone is used when the vehicle or school bus is stationary or if the phone is used for the sole purpose of communicating in emergency situations with emergency response, ambulatory service, fire, or law enforcement agencies. Makes violations, when operating a motor vehicle other than a school bus, an infraction and imposes a $100 fine. Makes violations, when operating a school bus, a Class 2 misdemeanor and imposes a fine of not less than $100. Asseses no driver’s license points or insurance surcharge for violations of the statute. Provides that failure to comply with the statute does not constitute negligence per se or contributory negligence. Repeals GS 20-137.4 (pertaining to unlawful use of a mobile phone). Repeals GS 20-137.4A (pertaining to unlawful use of mobile telephone for text messaging or electronic mail). Effective December 1, 2011, and applies to offenses committed on or after that date.
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