Prohibition against texting — Definition

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  1. (a)

    1. (1) For purposes of this section, “driving” means operating a commercial motor vehicle with the motor running, including while temporarily stationary because of traffic, a traffic control device, or another momentary delay.

    2. (2) For purposes of this section, “driving” does not include operating a commercial motor vehicle with or without the motor running when the driver moves the vehicle to the side of, or off, a highway, as defined in 49 C.F.R. § 390.5, as in effect on January 1, 2011, and halts in a location in which the vehicle can safely remain stationary.

  2. (b)

    1. (1) A driver of a commercial motor vehicle shall not engage in texting while driving.

    2. (2) However, texting while driving is permissible by a driver of a commercial motor vehicle when necessary to communicate with a law enforcement official or other emergency service.

  3. (c) A motor carrier shall not allow or require the motor carrier's drivers to engage in texting while driving.

  4. (d) A person who is convicted of violating this section shall be:

    1. (1) Guilty of a violation; and

    2. (2) Fined not less than twenty-five dollars ($25.00).


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