Signed by Governor Doug Ducey

Vote Smart's Synopsis:

Vote to pass a bill that prohibits handheld phone use while driving.

Highlights:

• Prohibits physically holding or supporting with any part of a person’s body either of the following, including (Sec. 2):

• A portable wireless communication device, except that a person may use a portable wireless communication device with an earpiece, headphone device or device worn on a wrist to conduct a voice-based communication; and

• A stand-alone electronic device to write, send or read any text-based communication on a portable wireless communication device or stand-alone electronic device.

• Authorizes the following civil penalties to persons found in violation of these rules, beginning January 1, 2021 (Sec. 2):

• A fine of between $75 and $149 for a first violation; and

• A fine of between $150 and $250 for a second and all subsequent violations.

• Specifies that the above rules do no apply to either of the following (Sec. 2):

• The use of voice-based communication to direct the writing, sending, reading or other communicating of text-based communication; and

• The use of a portable wireless communication device or stand-alone device when used in the hands-free manner for navigation, use of GPS, obtaining motor vehicle information.

• Specifies that this Act does not apply to the following persons (Sec. 2):

• An operator of an authorized emergency, law enforcement, or probation vehicle who uses a portable wireless communication device while acting in an official capacity;

• An operator who is licensed by the Federal Communications Commission while operating a radio frequency device other than a portable wireless communication device;

• An operator who uses a two-way radio or private land mobile radio system while performing work-related duties and who is operating a fleet vehicle or who possesses a commercial driver license; and

• An operator who uses a portable wireless communication device to report illegal activity or summon emergency help, or that was permanently or temporarily affixed to the motor vehicle to relay information in the course of the operator’s occupational duties between the operator and a dispatcher or a digital network or software application service.

• Prohibits police officers from taking possession or otherwise inspecting a portable wireless device in possession of the operator, unless otherwise authorized by law, and specifies the officer may only issue a violation warning prior to January 1, 2021 (Sec. 2).

• Specifies that any regulation of wireless communication devices by a county, city, town, or political subdivision holds its validity only through December 2020, and becomes void as of January 1, 20201 (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits handheld phone use while driving.

Highlights:

• Prohibits physically holding or supporting with any part of a person’s body either of the following, including (Sec. 2):

• A portable wireless communication device, except that a person may use a portable wireless communication device with an earpiece, headphone device or device worn on a wrist to conduct a voice-based communication; and

• A stand-alone electronic device to write, send or read any text-based communication on a portable wireless communication device or stand-alone electronic device.

• Authorizes the following civil penalties to persons found in violation of these rules, beginning January 1, 2021 (Sec. 2):

• A fine of between $75 and $149 for a first violation; and

• A fine of between $150 and $250 for a second and all subsequent violations.

• Specifies that the above rules do no apply to either of the following (Sec. 2):

• The use of voice-based communication to direct the writing, sending, reading or other communicating of text-based communication; and

• The use of a portable wireless communication device or stand-alone device when used in the hands-free manner for navigation, use of GPS, obtaining motor vehicle information.

• Specifies that this Act does not apply to the following persons (Sec. 2):

• An operator of an authorized emergency, law enforcement, or probation vehicle who uses a portable wireless communication device while acting in an official capacity;

• An operator who is licensed by the Federal Communications Commission while operating a radio frequency device other than a portable wireless communication device;

• An operator who uses a two-way radio or private land mobile radio system while performing work-related duties and who is operating a fleet vehicle or who possesses a commercial driver license; and

• An operator who uses a portable wireless communication device to report illegal activity or summon emergency help, or that was permanently or temporarily affixed to the motor vehicle to relay information in the course of the operator’s occupational duties between the operator and a dispatcher or a digital network or software application service.

• Prohibits police officers from taking possession or otherwise inspecting a portable wireless device in possession of the operator, unless otherwise authorized by law, and specifies the officer may only issue a violation warning prior to January 1, 2021 (Sec. 2).

• Specifies that any regulation of wireless communication devices by a county, city, town, or political subdivision holds its validity only through December 2020, and becomes void as of January 1, 20201 (Sec. 2).

Full Bill Text