Texting or using a mobile telephone while operating a commercial motor vehicle.

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321.449B Texting or using a mobile telephone while operating a commercial motor vehicle.

1. a. A person subject to rules adopted by the department pursuant to section 321.449 shall not operate a commercial motor vehicle while engaged in texting as prohibited by

49 C.F.R. §392.80

, except in an emergency or as otherwise permitted under

49 C.F.R. §392.80

.

b. A person subject to rules adopted by the department pursuant to section 321.449 shall not operate a commercial motor vehicle while using a hand-held mobile telephone as prohibited by

49 C.F.R. §392.82

, except in an emergency or as otherwise permitted under

49 C.F.R. §392.82

.

2. a. A person convicted of a violation of this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 13, paragraph “b”.

b. A violation of this section shall be considered a moving violation for the purposes of this chapter and rules adopted pursuant to this chapter.

c. A conviction for a violation of this section shall be in lieu of a conviction for a violation of section 321.276 if the violations are based on the same facts and circumstances.

2018 Acts, ch 1017, §2

Referred to in §321.482A, 805.8A(13)(b)

Additional penalties for violations causing injury or death, see §321.482A


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