Operation of a school bus while using a cellular telephone — Definitions

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  1. (a) As used in this section:

    1. (1) “Cellular telephone” means a wireless two-way communication device that requires the operator to dial numbers manually and that:

      1. (A) Includes radio-telephone communications used in cellular telephone service, personal communication service, or the functional equivalent of a radio-telephone communications line used in cellular telephone service or a personal communication service; and

      2. (B) Does not include a citizens band radio, a citizens band radio hybrid, or any device with push-to-talk capabilities used in a similar manner as a citizens band radio or a citizens band radio hybrid; and

    2. (2) “School bus” means every motor vehicle owned by a public school district or operated under contract for a public school district and used for the transportation of children to or from school or school-sponsored activities.

  2. (b) Except as provided in subsection (c) of this section, a person shall not operate a school bus while using a cellular telephone.

  3. (c) This section does not apply to the use of a cellular telephone:

    1. (1) For the purpose of communicating with any of the following regarding an emergency situation:

      1. (A) An emergency system response operator or 911 public safety communications dispatcher;

      2. (B) A hospital or emergency room;

      3. (C) A physician's office or health clinic;

      4. (D) An ambulance or fire department rescue service;

      5. (E) A fire department, fire protection district, or volunteer fire department; or

      6. (F) A police department;

    2. (2) To call for assistance if there is a mechanical breakdown or other mechanical problem impairing the operation of the bus; or

    3. (3) When the school bus is parked.

  4. (d) A person who violates this section is guilty of a violation and may be fined not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250).

  5. (e) Except as otherwise provided under law, a person operating a school bus may use a two-way radio communications device or any device used in a similar manner as a two-way radio communications device as a means of communicating with:

    1. (1) Central dispatch; or

    2. (2) The school transportation or its equivalent.


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