39-08-23. Use of a wireless communications device prohibited.
352 words·~2 min read·
/nd/title-39/chapter-39-08-regulations-governing-operators/39-08-23·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. The operator of a motor vehicle that is part of traffic may not use a wireless
communications device to compose, read, or send an electronic message.
2. Under this section:
a. "Electronic message" means a self-contained piece of digital communication that
is designed or intended to be transmitted between physical devices. The term
includes electronic mail, a text message, an instant message, a command or
request to access a worldwide web page, or other data that uses a commonly
recognized electronic communications protocol. The term does not include:
(1)Reading, selecting, or entering a telephone number, an extension number,
or voice mail retrieval codes and commands into an electronic device for the
purpose of initiating or receiving a telephone or cellular phone call or using
voice commands to initiate or receive a telephone or cellular phone call;
(2)Inputting, selecting, or reading information on a global positioning system
device or other navigation system device;
(3)Using a device capable of performing multiple functions, such as fleet
management systems, dispatching devices, phones, citizen band radios,
music players, or similar devices, for a purpose that is not otherwise
prohibited;
(4)Voice or other data transmitted as a result of making a telephone or cellular
phone call;
(5)Data transmitted automatically by a wireless communication device without
direct initiation by an individual; or
(6)A wireless communications device used in a voice-activated,
voice-operated, or any other hands-free manner.
b. "Traffic" means operation of a motor vehicle while in motion or for the purposes of
travel on any street or highway and includes a temporary stop or halt of motion,
such as at an official traffic-control signal or sign. The term does not include a
motor vehicle that is lawfully parked.
3. This section does not apply if a wireless communications device is used for obtaining
emergency assistance to report a traffic accident, medical emergency, or serious traffic
hazard or to prevent a crime about to be committed, in the reasonable belief that an
individual's life or safety is in immediate danger, or in an authorized emergency vehicle
while in the performance of official duties.