A BILL TO BE ENTITLED
AN ACT to make it unlawful to use a handheld mobile phone while operating a motor vehicle on a public street or highway or public VEHICULAR area and to appropriate funds.
The General Assembly of North Carolina enacts:
SECTION 1.  The catch line of G.S. 20‑137.4 reads as rewritten:
"§ 20‑137.4.  Unlawful use of a mobile  phone by school bus drivers."
SECTION 2.  Article 3, Part 9 of Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20‑137.4B.  Unlawful use of a handheld mobile phone.
(a)	Definitions. – For purposes of this section, the following terms shall mean:
(1)	Emergency situation. – Circumstances such as medical concerns, unsafe road conditions, matters of public safety, or mechanical problems that create a risk of harm for the operator or passengers of a motor vehicle.
(2)	Mobile telephone. – As defined in G.S. 20‑137.3(a)(2).
(b)	Offense. – Except as otherwise provided in this section, no person shall operate a motor vehicle on a public street or highway or public vehicular area while using a handheld mobile telephone while the vehicle is in motion. This prohibition shall not apply to the use of a handheld mobile telephone in a stationary vehicle.
(c)	Seizure. – The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a handheld 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 handheld 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 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)	Local Ordinances. – No local government may pass any ordinance regulating the use of handheld mobile telephones if the ordinance is in contradiction to this law.
(f)	Penalty. – Unless a different penalty is prescribed under G.S. 20‑137.3 or G.S. 20‑137.4 for the offense in question, 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. No drivers license points or insurance surcharge shall be assessed as a result of a violation of this section. Failure to comply with the provisions of this section shall not constitute negligence per se or contributory negligence by the operator in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a motor vehicle."
SECTION 3.  There is appropriated from the General Fund to the Department of Transportation, Division of Motor Vehicles, the sum of ten thousand dollars ($10,000) for the 2010‑2011 fiscal year for the implementation of Section 1 of this act.
SECTION 4.  Section 2 of this act becomes effective December 1, 2010, and applies to offenses committed on or after that date.  Section 3 of this act becomes effective July 1, 2010. The remainder of this act is effective when it becomes law.