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P.O. Drawer 1317
1009 Sheriffs Drive
Mountain View, AR 72560

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08/19/2012

New laws pertaining to cell phone use in school zones

 

State of Arkansas 1

88th General Assembly

A Bill 2

Regular Session, 2011

SENATE BILL 154 3

4

By: Senator J. Taylor 5

By: Representative Allen 6

7

 

For An Act To Be Entitled 8

 

AN ACT TO IMPROVE THE SAFETY OF HIGHWAYS AND ROADS BY 9 PROHIBITING WIRELESS TELEPHONE USE IN SCHOOL ZONES 10 AND HIGHWAY WORK ZONES; AND FOR OTHER PURPOSES. 11

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Subtitle 14

 

TO IMPROVE THE SAFETY OF HIGHWAYS AND 15 ROADS BY PROHIBITING WIRELESS TELEPHONE 16 USE IN SCHOOL ZONES AND HIGHWAY WORK 17 ZONES. 18

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21

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SECTION 1. Arkansas Code § 27-51-1602 is amended to read as follows: 23

27-51-1602. Definitions. 24

As used in this subchapter: 25

(1) "Emergency purpose" means the reason for contacting any of 26 the following to report an emergency: 27

(A) Law enforcement personnel; 28

(B) Fire department personnel; 29

(C) Public safety personnel; 30

(D) Emergency medical personnel; or 31

(E) A 911 public safety communications center; 32

(2)(A) "Handheld wireless telephone" means a wireless 33 interactive communication device with which a user engages in a call 34 wireless interactive or text-based communication using at least one (1) hand. 35

(B) "Handheld wireless telephone" does not include a: 36 SB154 2 01-26-2011 11:25:01 JSE091

(i) A hands-free Hands-free wireless telephone or 1 device; 2

(ii) Citizens band radio; or 3

(iii) Citizens band radio hybrid; or 4

(iv) Global positioning or navigation device or 5 system; 6

(3)(A) "Hands-free wireless telephone or device" means a 7 wireless telephone or other wireless communication device that allows a user 8 to engage in text-based wireless interactive communication without the use of 9 either hand with: 10

(i) An internal feature or function; or 11

(ii) An attachment or additional device. 12

(B) A hands-free wireless telephone or device may be a 13 permanent or temporary part of the wireless telephone or other wireless 14 communication device. 15

(C) A hands-free wireless telephone or device may require 16 the use of either hand to activate, deactivate, or initiate a function of the 17 wireless telephone or other communication device; 18

(4) "Highway worker" means an employee of any of the following 19 who is present in a highway work zone: 20

(A) The Arkansas State Highway and Transportation 21 Department; 22

(B) A county; 23

(C) A municipality; or 24

(D) A contractor or subcontractor of the State Highway 25 Commission or a county or municipality that is performing duties related to 26 the highway work zone; 27

(5) "Highway work zone" means any area upon or adjacent to a 28 highway, road, or street of this state where construction, reconstruction, 29 maintenance, or any other type of work is being performed or is in progress; 30

(4)(6) "Wireless interactive communication" means talking, 31 typing, text messaging, emailing, or accessing information on the Internet 32 with a wireless telephone; and 33

(5)(A)(7)(A) "Wireless telephone" means a wireless interactive 34 communication device. 35

(B) "Wireless telephone" includes a handheld wireless 36 SB154 3 01-26-2011 11:25:01 JSE091

telephone and a hands-free wireless telephone or device. 1

2

SECTION 2. Arkansas Code § 27-51-1605 is amended to read as follows: 3

27-51-1605. Enforcement. 4

A driver of a motor vehicle is not to be stopped or detained solely to 5 determine compliance with this section subchapter. 6

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SECTION 3. Arkansas Code § 27-51-1606 is amended to read as follows: 8

27-51-1606. Preemption. 9

This section subchapter supersedes and preempts all county or municipal 10 ordinances regarding wireless telephone use by persons under twenty-one (21) 11 years of age drivers of motor vehicles. 12

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SECTION 4. Arkansas Code § 27-51-1608 is repealed. 14

27-51-1608. Applicability. 15

This subchapter applies to all violations committed on and after 16 October 1, 2009. 17

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SECTION 5. Arkansas Code Title 27, Chapter 51, Subchapter 16 is 19 amended to add additional sections to read as follows: 20

27-51-1609. Restrictions in school zones. 21

(a) Except as provided under subsection (b) of this section, a driver 22 of a motor vehicle shall not use a handheld wireless telephone while 23 operating a motor vehicle when passing a school building or school zone 24 during school hours when children are present and outside the building. 25

(b) A driver of a motor vehicle who is passing a school building or 26 school zone during school hours when children are present and outside the 27 building may use a handheld wireless telephone while operating a motor 28 vehicle for an emergency purpose. 29

(c) This section does not apply to law enforcement officers. 30

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27-51-1610. Restrictions in highway work zones. 32

(a) Except as provided under subsection (b) of this section, the 33 driver of a motor vehicle shall not use a handheld wireless telephone while 34 operating a motor vehicle in a highway work zone when a highway worker is 35 present. 36 SB154 4 01-26-2011 11:25:01 JSE091

(b) The driver of a motor vehicle who is in a highway work zone when a 1 highway worker is present may use a handheld wireless telephone while 2 operating a motor vehicle for an emergency purpose. 3

(c) This section does not apply to law enforcement officers. 4

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SECTION 6. NOT TO BE CODIFIED. This act applies to all violations 6 committed on and after October 1, 2011. 7

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APPROVED: 02/16/2011

 
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