§ 20-137.3. Unlawful use of a mobile phone by persons under 18 years of age.

459 words·~2 min read·/nc/chapter-20/20-137-3

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(a)Definitions. - The following definitions apply in this section:

(1)Additional technology. - Any technology that provides access to digital media including, but not limited to, a camera, music, the internet, or games. The term does not include email or text messaging.

(2)Mobile telephone. - A device used by subscribers and other users of wireless telephone service to access the service. The term includes:

(i)a device with which a user engages in a call using at least one hand, and

(ii)a device that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of the 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.

(3)Wireless telephone service. - A service that is a two-way real-time voice telecommunications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service, as such term is defined by 47 C.F.R. § 20.3.

(b)Offense. - Except as otherwise provided in this section, no person under the age of 18 years shall operate a motor vehicle on a public street or highway or public vehicular area while using a mobile telephone or any additional technology associated with a mobile telephone while the vehicle is in motion. This prohibition shall not apply to the use of a mobile telephone or additional technology in a stationary vehicle.

(c)Seizure. - The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a mobile telephone, unless otherwise provided by law.

(d)Exceptions. - The provisions of subsection

(b)of this section shall not apply if the use of a mobile telephone is for the sole purpose of communicating with:

(1)Any of the following regarding an emergency situation: an emergency response operator; a hospital, physician's office, or health clinic; a public or privately owned ambulance company or service; a fire department; or a law enforcement agency.

(2)The motor vehicle operator's parent, legal guardian or spouse.

(e)Penalty. - Any person violating this section shall have committed an infraction and shall pay a fine of twenty-five dollars ($25.00). This offense is an offense for which a defendant may waive the right to a hearing or trial and admit responsibility for the infraction pursuant to G.S. 7A-148. No drivers license points, insurance surcharge, or court costs shall be assessed as a result of a violation of this section. (2006-177, s. 1; 2009-135, s. 1; 2025-25, s. 29(1), (3).)