§59. Use of wireless telecommunications device prohibited; exceptions

            A. Unless otherwise provided in this Subsection, all terms used in this Section shall have the same meaning as defined in R.S. 32:1. As used in this Section, the following terms shall apply:

            (1) "Autonomous vehicle" means a vehicle that is equipped with autonomous technology as defined in R.S. 32:1, which is licensed to operate on the public roads and highways of this state and shall meet all applicable financial responsibility requirements.

            (2) "Hands-free wireless telephone" means a wireless telecommunications device that has an internal feature or function, or is equipped with an attachment or addition, whether or not permanently part of such device, by which a user engages in a conversation without the use of either hand. The term "hands-free wireless telephone" as defined in this Paragraph shall not preclude the use of either hand to activate, deactivate, or initiate a function of the device.

            (3) "Lawfully stationary" means any motor vehicle that has stopped, is in park or neutral, or is standing while in gear and not moving, while also in a travel lane or on the shoulder of a public road or highway, including when such action is necessary to observe or avoid conflict with traffic or in compliance with the directions of law enforcement or a traffic control device or signal.

            (4) "Motor vehicle" means any self-propelled mechanical device on wheels, designed primarily for use or that is primarily used on public roads and highways. The term "motor vehicle" shall not include autonomous vehicles, all-terrain vehicles, golf carts, vehicles propelled or drawn by horses or human power, or motorists wheelchairs operated by handicapped persons.

            (5) "Wireless telecommunications device" means a cellular telephone, a text-messaging device, a personal digital assistant, a stand-alone computer or other electronic device, or any other substantially similar portable wireless device that is readily removable from the vehicle and is used to write, send, or read text or data through manual input. The term "wireless telecommunications device" shall not mean any device or component that is permanently affixed to a motor vehicle, or a device used hands-free, citizens band radios, citizens band radio hybrids, commercial two-way radio communications devices, two-way radio transmitters or receivers used by licensees of the Federal Communications Commission in the Amateur Radio Service, or electronic communication devices with a push-to-talk function.

            B.(1) Notwithstanding any provision of law to the contrary, except as provided in Subsection C of this Section, no person shall operate any wireless telecommunications device while operating a motor vehicle upon any public road or highway, unless the motor vehicle is lawfully stationary.

            (2) Operating a wireless telecommunications device shall include:

            (a) Engaging in a call, which means talking or listening during a voice transmission on a wireless telecommunications device or manually entering names or telephone numbers to initiate a voice transmission, except when using a hands-free wireless telephone.

            (b) Writing, sending, or reading a text-based communication, which means using a text message, instant message, electronic mail, or other text-based application to communicate with any person.

            (c) Accessing, reading, or posting to a social networking site, which means using a wireless telecommunications device to access, read, or post on such device to any web-based service that allows individuals to construct a profile within a bounded system, articulate a list of other users with whom they share a connection, and communicate with other members of the site.

            (d) Accessing, viewing, posting, editing, or creating a video, photograph, or other image.

            (e) Accessing, reading, viewing, composing, browsing, transmitting, saving, or retrieving electronic data from any application or other media.

            (f) Using any application or feature of a wireless telecommunications device by making manual entries of letters, numbers, symbols, commands, or any combination thereof.

            (g) Holding or physically supporting a wireless telecommunications device in either or both hands, except for an earpiece or headphone device as defined in R.S. 32:295.2(A) or a device worn on the wrist to talk or listen during a voice transmission.

            C. The provisions of Subsection B of this Section shall not apply to a person who uses a wireless telecommunications device to do any of the following:

            (1) Report a traffic collision, medical emergency, other emergency, or serious road hazard.

            (2) Report a situation in which the person believes that an individual is in jeopardy of serious injury or death.

            (3) Relay information between a transit of a for-hire operator, including a transportation network company driver, and that operator's dispatcher, in which the device is affixed to the vehicle.

            (4) Operate a wireless telecommunications device while the motor vehicle is lawfully stationary and not in violation of any other law. A utility vehicle or roadside assistance vehicle which is parked while the utility worker or roadside responder is in the course and scope of performing his duties shall be considered lawfully stationary.

            (5) Use a wireless telecommunications device in an official capacity as an operator of an authorized emergency vehicle while in performance of official duties as a law enforcement officer, firefighter, or emergency services or EMS practitioner.

            (6) View data or images related to navigation of a motor vehicle using a hands-free global positioning system.

            (7) Dial 9-1-1 to report a crime in progress.

            D.(1) Any violation of this Section shall constitute a nonmoving violation.

            (2) If a violation of this Section occurs in a school zone or in a highway construction zone it shall be a primary offense and shall be punishable as follows:

            (a) By a fine of two hundred fifty dollars. At the judge's discretion, the fine may be reduced to one hundred dollars with community service not to exceed fifteen hours, at least half of which shall consist of a litter abatement program in a school zone or highway construction zone.

            (b) If a person is involved in a crash at the time of the violation, then the fine shall be equal to double the amount of the fine imposed in Subparagraph (a) of this Paragraph and the law enforcement officer investigating the crash shall indicate on the written accident report that the person was using a wireless telecommunications device at the time of the crash.

            (3) If a violation of this Section occurs in any location other than a school zone or highway construction zone it shall constitute a secondary offense when the officer detains a driver for an alleged violation of another provision of this Chapter and shall be punishable as follows:

            (a) By a fine of one hundred dollars. At the judge's discretion, the fine may be reduced to fifty dollars with community service not to exceed fifteen hours, at least half of which shall consist of the litter abatement program.

            (b) If a person is involved in a crash at the time of the violation, then the fine shall be equal to double the amount of the fine imposed in Subparagraph (a) of this Paragraph and the law enforcement officer investigating the crash shall indicate on the written accident report that the person was using a wireless telecommunications device at the time of the crash.

            (4) For violations of this Section not resulting in a crash causing bodily injury or death of another person, a person may plead guilty or nolo contendere to the alleged offense and pay the applicable fine specified in this Subsection. If a person pleads guilty or nolo contendere to the alleged offense, the person shall not be required to appear in court if he waives the right to contest the charges and pays the applicable fine specified in this Subsection.

            (5) Use of a wireless telecommunications device for any purpose provided for in Subsection C of this Section shall be an affirmative defense to a violation of this Section and the operator of a motor vehicle may produce documentary or other evidence in support of his defense.

            (6) For any violation occurring before January 1, 2026, the law enforcement officer shall only issue a written warning.

            E.(1) A citation for a secondary offense violation of this Section shall be based solely upon a law enforcement officer's clear and unobstructed view of a person using a wireless telecommunications device as prohibited by this Section.

            (2) A law enforcement officer shall not do any of the following based solely upon a secondary offense violation of this Section:

            (a) Seize, search, view, or require the forfeiture of a wireless telecommunications device.

            (b) Search or request to search a motor vehicle, motor vehicle operator, or passenger.

            (c) Make a custodial arrest except upon any open warrant including but not limited to a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine.

            F. The state preempts the field of regulating the use of a wireless telecommunications device by the operators of motor vehicles. The provisions of this Section shall supersede any local laws, ordinances, rules, or regulations enacted by a parish, municipality, or other political subdivision to regulate the use of a wireless telecommunications device by the operator of a motor vehicle.

            G. Beginning April 1, 2027, and continuing until April 1, 2032, the Department of Transportation and Development and the Department of Public Safety and Corrections, office of state police shall submit a report annually to the legislature regarding the impact of the provisions of this Section, including the number of crashes caused by inattentive or distracted driving for each year, divided by different areas of the state, as such data is already collected. The report shall be based on data the Department of Transportation and Development and the office of state police collect under existing state law.

            Acts 2025, No. 288, §2.