HB6 Alabama 2019 Session

Summary

Primary Sponsor

Allen Farley

Republican

Session

Regular Session 2019

Title

Motor vehicles, distracted driving, use of cell phone while operating a motor vehicle prohibited, exceptions

Description

Under existing law, a person is prohibited from using a wireless telecommunication device to write, send, or read text or data while operating a motor vehicle, with exceptions. This bill would include a standalone electronic device within the prohibition against writing, sending, or reading a text-based communication while operating a motor vehicle.

This bill would prohibit a person from holding or otherwise using his or her body to support a wireless communication device or standalone electronic device while operating a motor vehicle.

This bill would prohibit a person from using a wireless telecommunication device or standalone electronic device to watch, record, or capture a photograph or video while operating a motor vehicle.

Under existing law, certain uses of a wireless telecommunication device are exempted from the restrictions in existing law.

This bill would add the following to the list of activities exempted from the section: Hands free voice-based communications, with an exception; continuous recording devices, including dash cameras and backup cameras; utility service employees or contractors responding to a utility emergency; and law enforcement and other first responders during the performance of official duties.

Existing law levies a criminal fine for a violation based on the number of prior convictions of the section. This bill would increase the fine authorized.

Existing law provides that a conviction is reflected on the person's driving record as a two-point violation. This bill would provide that a third or subsequent violation of the section would be reflected on the person's driving record as a three-point violation.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Motor Vehicles