[HISTORY: Adopted by the Mayor and Council of the Village of Bosque Farms 2-17-2011 by Ord. No. 2011-01. Amendments noted where applicable.]
Uniform Traffic Code — See Sec. 12-1.
Penalty assessments — See Sec. 12-2.
This Section 12-3 is enacted under NMSA 1978, § 3-17-1.
It is the intent of the governing body that the enactment of this Section 12-3 will establish procedures that will:
Protect residents from the known dangers of operating a motor vehicle while utilizing a hand-held mobile device;
Establish certain fees and costs related to this Section 12-3 pursuant to the New Mexico Criminal and Traffic Law Manual and NMSA 1978, § 35-14-11;
Prescribe penalties for violation of this Section 12-3 pursuant to the New Mexico Criminal and Traffic Law Manual and NMSA 1978, § 66-8-7; and
Provide for the safety, preserving the health, promoting order, comfort and convenience of the municipality and its inhabitants.
It is the intent of the Council that § 12-3-3 applies to any driver operating a vehicle on a public highway, whether the vehicle is in motion or stopped on the roadway due to traffic signals, signs or conditions. It is the intent of the Council that a driver wishing to use a hand-held mobile telephone shall pull off of the public highway before manually using the mobile telephone to engage in a call or to create, send or read text messages. It is the intent of the Council to allow the operation of a "hands-free" mobile telephone.
Except as otherwise provided below, no person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call or create, send or read text messages.
As used in this Section 12-3, the following terms shall have the meanings indicated:
- ENGAGE IN A CALL
- Talking into, dialing or listening on a hand-held mobile telephone, but shall not include holding a mobile telephone to activate or deactivate such telephone.
- HAND-HELD MOBILE TELEPHONE
- A mobile telephone with which a user engages in a call using at least one hand (or prosthetic device or aid in the case of a physically disabled person).
- HANDS-FREE MOBILE TELEPHONE
- A mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a call without the use of either hand (or prosthetic device or aid in the case of a physically disabled person), whether or not the use of either hand (or prosthetic device) is necessary to activate or deactivate such telephone.
- MOBILE TELEPHONE
- The device used by subscribers and other users of wireless telephone service to access such service and shall include personal digital assistants.
- PERSONAL DIGITAL ASSISTANT
- A device operated using a wireless telecommunications service that provides for data communication other than by voice.
- WIRELESS TELEPHONE SERVICE
- Two-way real-time voice telecommunications service that is interconnected to a public switched telephone network and commonly referred to as "cellular service" or "personal communication service."
An operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of, his or her ear is presumed to be engaging in a call within the meaning of this Section 12-3. The presumption established by this section is rebuttable by evidence tending to show that the operator was not engaged in a call. "Immediate proximity" shall mean that distance as permits the operator of a mobile telephone to hear telecommunications transmitted over such mobile telephone, but shall not require physical contact with such operator's ear.
Section 12-3-3 shall not apply to:
The use of a mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital, physician's office or health clinic; an ambulance company or corps; a fire department, district or company; or a police department;
Any law enforcement, public safety or police officers, emergency services officials, first aid, emergency medical technicians and personnel, or any fire safety officials in the performance of duties arising out of and in the course of their employment as such; or
The use of a hands-free mobile telephone when being used in a hands free manner.