As used in this section, the words and phrases herein defined
shall have the following meaning, unless the context otherwise requires:
ENGAGE A CALL
Talking or listening on a hand-held mobile telephone or texting.
HAND-HELD 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, whether or not the use of
either hand is necessary to activate, deactivate, or initiate a function
of such telephone.
IMMEDIATE PROXIMITY
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.
MOBILE TELEPHONE
The device used by subscribers and other users of wireless
telephone service to access such service.
USING
Holding a mobile telephone to, or in the immediate proximity
of, the user's ear or used to text.
WIRELESS TELEPHONE SERVICE
Two-way real time voice telecommunications service that is
interconnected to a public switched telephone network.
Section
88A-2 of this chapter 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; physician's office or health clinic; an ambulance
company; a Fire Department; or a Police Department; or
B. Any of the following persons while in the performance of their official
duties: a Police Officer; a member of a Fire Department; or the operator
of an authorized emergency vehicle; or
C. The use of a hands-free mobile telephone.
Any person violating any provision of this chapter shall be
punished for a first conviction by a fine of not more than $100; for
a second such conviction within one year thereafter by a fine of not
more than $200; and upon a third or subsequent conviction within one
year after the first conviction by a fine of not more than $500.