Senate Bill 1165 Summary

• Creates a new prohibition on operating a motor vehicle while physically holding or supporting a portable wireless communication device, or writing, sending, or reading text-based communications on such devices, effective immediately with warnings through December 31, 2020, and civil penalties of $75-$149 for first violations and $150-$250 for subsequent violations beginning January 1, 2021.

• Exempts hands-free use of wireless devices for voice communications, navigation, GPS, vehicle information, and emergency reporting, as well as use by emergency personnel, licensed radio operators, commercial drivers using two-way radios, and operators reporting illegal activity.

• Prohibits law enforcement from stopping or citing a driver solely for this violation unless another motor vehicle law violation exists, and prevents peace officers from inspecting portable devices or issuing citations before January 1, 2021.

• Establishes state preemption over local regulations of portable wireless communication device use, voiding all local ordinances on this subject after December 31, 2020, while allowing existing local laws to remain in effect through that date.

• Adds provisions requiring knowledge of portable wireless communication device dangers in driver license examinations and classifying commercial driver use of such devices while driving as a serious traffic violation subject to license disqualification.