95376-1:n:11/15/2007:MCS/th LRS2007-4598
| SYNOPSIS: | Currently, there is no specific prohibition against operating a motor vehicle while communicating on a cell or wireless phone or wireless communication device. |
| This bill would prohibit a person 17 years of age or younger from operating a motor vehicle while communicating on a cell or wireless phone or wireless communication device. A first violation of this bill would be subject to a $25 fine, a second violation would be $50, and a third or subsequent violation would be $75; but a violation or violations would not result in court costs. A violation would not affect insurance availability, and would not be reported to an insurance company. A violation of this bill would not be considered contributory negligence and would not limit the liability of an insurer. A violation would be entered on the driving record of a violator as a three-point violation. | |
| State, county, and city law enforcement agencies would be required to keep and report statistical information on traffic stops on minority groups. |
Relating to the operation of motor vehicles by persons 17 years of age or younger; to prohibit such persons from operating a motor vehicle on a public street, road, or highway while also communicating on a cell or wireless phone or wireless communication device; to provide for progressive fines of $25; $50; and $75 for first and successive violations; to provide that no court costs shall be assessed upon a violator of this act; to provide that a conviction shall be reported on a violator's driving record, but shall not be reported to his or her insurance company; to provide that a violation shall not be considered contributory negligence, shall not limit the liability of an insurer, and shall not be used as the basis of a search of an automobile or a driver or passenger; and to require the reporting of minority group offenders to certain state agencies.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The Legislature finds that it is the policy of the State of Alabama that all precautionary measurements be taken to save the lives of the state's citizens from vehicle accidents and thereby, to preserve the most valuable resource of the state.
Section 2. (a) A person 17 years of age or younger may not operate a motor vehicle on a public road, street, or highway in Alabama while he or she is talking, text messaging, or otherwise communicating on a cell phone, wireless phone, or other wireless communication device.
(b) A person who violates subsection (a) is subject to fines as follows:
(1) Twenty-five dollars ($25) for a first violation.
(2) Fifty dollars ($50) for a second violation.
(3) Seventy-five dollars ($75) for a third or subsequent violation. A violation of this section shall not constitute probable cause for a search of the vehicle involved.
(c) A person shall not be assessed court costs upon a conviction pursuant to this section.
(d) Law enforcement officers enforcing this section may treat a violation of this section as the primary or sole reason for issuing a citation to a driver, or may enforce this section as a secondary violation of the driver.
Section 3. A violation of this act shall not result, in and of itself, in an increase or cancellation in the automobile insurance of the person convicted of the violation and a violation of this act shall not be reported to the automobile insurance provider of a violator.
Section 4. A violation of this act shall not be considered evidence of contributory negligence, shall not limit the liability of an insurer.
Section 5. A conviction of this act shall be entered on the driving record of any individual charged under this act as a three-point violation.
Section 6. (a) In any case brought by a law enforcement officer employed by the Department of Public Safety, 60 percent of the funds generated shall be allocated to the Department of Public Safety, Law Enforcement Division. The remaining 40 percent of the funds shall be allocated to the State General Fund.
(b) A law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of this act.
(c) Each state, county, and municipal law enforcement agency must maintain statistical information on traffic stops made pursuant to this act on minority groups and report that information monthly to the Department of Public Safety and the Attorney General.
Section 7. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.