§300.6. Use of wireless telecommunications devices by certain drivers prohibited; exceptions

            A.(1)(a) Except in a driver emergency and as provided in Subsection B of this Section, no person who holds a Class "E" learner's license or intermediate license shall operate a motor vehicle on any public road or highway of this state while using any wireless telecommunications device to engage in a call, unless the wireless telecommunications device is a hands-free wireless telephone.

            (b) "Engage in a call" means talking or listening on a wireless telecommunications device.

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

            (2) Any violation of this Section shall constitute a moving violation. A law enforcement officer shall enforce the provisions of this Section only as a secondary action when the officer detains a driver for an alleged violation of another provision of this Chapter.

            B. The provisions of this Section shall not apply to a person holding a Class "E" learner's license or intermediate license who uses a wireless telecommunications device to do any of the following:

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

            (2) Report a situation in which the person believes his or her personal safety is in jeopardy.

            (3) Report or avert the perpetration or potential perpetration of a criminal act against the driver or another person.

            (4) Engage in a call while the motor vehicle is lawfully parked.

            C.(1) A first violation of the provisions of this Section shall be punishable by a fine of not more than five hundred dollars.

            (2) Each subsequent violation shall be punishable by a fine of not more than one thousand dollars.

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

            Acts 2008, No. 665, §1, eff. July 1, 2008; Acts 2016, No. 472, §2, eff. June 13, 2016.