[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.]
GENERAL REFERENCES
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.
A.
It is the intent of the governing body that the enactment of this
Section 12-3 will establish procedures that will:
(1)
Protect residents from the known dangers of operating a motor vehicle
while utilizing a hand-held mobile device;
(2)
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;
(3)
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
(4)
Provide for the safety, preserving the health, promoting order, comfort
and convenience of the municipality and its inhabitants.
B.
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:
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.
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).
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.
The device used by subscribers and other users of wireless
telephone service to access such service and shall include personal
digital assistants.
A device operated using a wireless telecommunications service
that provides for data communication other than by voice.
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:
A.
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;
B.
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
C.
The use of a hands-free mobile telephone when being used in a hands
free manner.
