A BILL TO BE ENTITLED
AN ACT to make using a mobile phone unlawful while driving a motor vehicle on a public street or highway.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20‑140.6.  Unlawful use of a mobile phone. 
(a)	Definitions. – For purposes of this section, the following terms shall mean:
(1)	Mobile telephone. – A device used by subscribers and other users of wireless telephone service to access such service.
(2)	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.
(3)	Using. – Holding a mobile telephone to, or in the immediate proximity of, the user's ear.
(4)	Handheld mobile telephone. – A mobile telephone with which a user engages in a call using at least one hand.
(5)	Hands‑free mobile telephone. – A mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such 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.
(6)	Engage in a call. – Talking into or listening on a handheld mobile telephone, but shall not include holding a mobile telephone to activate, deactivate, or initiate a function of such telephone.
(7)	Immediate proximity. – That distance as permits the operator of a mobile telephone to hear telecommunications transmitted over such mobile telephone, but shall not require physical contact with such operator's ear.
(b)	Offense. – Except as otherwise provided in this section, no person shall operate a motor vehicle upon a public street or highway while using a mobile telephone to engage in a call while such vehicle is in motion. An operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of, his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. The presumption established by this subsection is rebuttable by evidence tending to show that the operator was not engaged in a call.
(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 to the following:
(1)	The use of a mobile telephone for the sole purpose of communicating with 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)	Any of the following persons while in the performance of their official duties: a law enforcement officer; a member of a fire department; or the operator of a public or private ambulance.
(3)	The use of a hands‑free mobile telephone.
(e)	School Bus Drivers. – A person shall not use a mobile telephone or other electronic device, including those with hands-free accessories, while operating a moving school bus that is carrying passengers; provided, however, this section shall not apply to a school bus driver who places an emergency call to school officials or for the purposes listed in subdivision (d)(1) of this section.
(f)	Persons Less Than 18. – No person under the age of 18 or any person operating under a limited or provisional license shall operate a motor vehicle upon a public street or highway while using a mobile telephone or a hands‑free mobile telephone. This subsection shall not apply if the driver places a call for the purposes listed in subdivision (d)(1) of this section. 
(g)	Local Ordinances. – No local government may pass any ordinance regulating the use of mobile telephones.
(h)	A violation of this section shall be an infraction and shall be punishable by a fine of one hundred dollars ($100.00) and the cost of court. There shall be no points assessed by the Division for a violation of this section."
SECTION 2.  This act becomes effective December 1, 2005, and applies to offenses committed on or after that date.