This Section 12-3 is enacted under NMSA 1978, § 3-17-1.
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.