Section 1. Amend Title 21 of the Delaware Code by
adding a new §4176C to read as follows:
Ҥ 4176C. Electronic communication devices;
penalties.
(a) No driver shall operate a motor vehicle on
any highway while using an electronic communication device while such vehicle
is in motion.
(b) For the purposes of this section, the
following terms shall mean:
(1) ‘cell telephone’ shall
mean a cellular, analog, wireless or digital telephone.
(2) ‘electronic communication
device’ shall mean a cell phone, personal digital assistant, electronic device
with mobile data access, laptop computer, pager, broadband personal
communication device, two-way messaging device, electronic game, or portable
computing device.
(3) ‘hands-free electronic
communication device’ shall mean an electronic communication device that has an
internal feature or function, or that is equipped with an attachment or
addition, whether or not permanently part of such electronic communication
device, by which a user engages in a call without the use of either or both
hand.
(4) ‘hands-free equipment’
shall mean the internal feature or function of a hands-free electronic
communication device or the attachment or addition to a hands-free electronic
communication device by which a user may engage in a call without the use of
either or both hand.
(5) ‘engages or engaging in a
call’ shall mean when a person dials or punches a phone number on, talks into
or listens on an electronic communication device.
(6) ‘using’ shall mean holding
an electronic communication device while:
a. Viewing or
transmitting images or data;
b. Playing games;
c. Composing, sending, reading, viewing,
accessing, browsing, transmitting, saving or retrieving e-mail, text messages
or other electronic data; or
d. Engaging in a call.
(c)
Subsection (a) of this section shall not apply to:
(1) a law-enforcement officer,
a firefighter, an emergency medical technician, a paramedic or the operator of
an authorized emergency vehicle in the performance of their official duties;
(2) a person using an
electronic communication device to report to appropriate authorities a fire, a
traffic accident, a serious road hazard, or medical or hazardous materials
emergency, or to report the operator of another motor vehicle who is driving in
a reckless, careless or otherwise unsafe manner or who appears to be driving
under the influence of alcohol or drugs or any other crime.
(3) a person using a cell
phone who is operating a school bus and covered under §4176B of this title;
(4) a person using a
hands-free electronic communication device and its hand-free equipment when
such person engages in a call; and
(5) the activation or
deactivation of hands-free equipment or a function of hands-free equipment.
(d) Whoever violates this section shall for the
1st offense be subject to a civil penalty of $50. For each subsequent offense the person shall
be subject to a civil penalty of not less than $100 nor more than $200.
(e) No
motor vehicle points shall be assessed for a violation of this section. Additionally, a violation of this section
shall not be made a part of a person’s driving record.”.
Section 2.
The provisions of this Act shall preempt the provisions of a municipal
or county enactment regulating the use of any electronic communication device
by a person operating a vehicle as defined in §101 (80) of this title.
Section 3. This Act shall take effect 90 days
after its enactment into law.
