Existing law, with certain exceptions, makes it a civil infraction to manually type or enter text into a cellular telephone or other handheld wireless communications device, or to send or read data using any such device to access or search the Internet, while operating a motor vehicle. In addition, existing law, with certain exceptions, makes it a civil infraction to use a cellular telephone or other handheld wireless communications device to engage in voice communications with another person while operating a motor vehicle, unless such device is used with a hands-free accessory. (NRS 484B.165) Under existing law, a person who violates these prohibitions against the use of a cellular telephone or other handheld wireless communications device while operating a motor vehicle is subject to a civil penalty of $50 for a first violation within the immediately preceding 7 years, $100 for the second violation within the immediately preceding 7 years and $250 for the third or subsequent violation within the immediately preceding 7 years. (NRS 484B.165) If the violation is committed in certain work zones or traffic control zones, or in a school zone, existing law imposes an additional penalty for the violation. (NRS 484B.130, 484B.135, 484B.165) This bill makes it a civil infraction for a person who is less than 18 years of age to use a cellular telephone or handheld wireless communications device for any purpose while operating a motor vehicle, including, without limitation, engaging in voice communications with another person, regardless of whether or not a hands-free accessory is used, except in certain emergency circumstances or when using a voice-operated global positioning or navigation system that is affixed to the vehicle. Under this bill, a peace officer is: (1) prohibited from stopping a motor vehicle for the sole purpose of determining whether a person is violating such provisions; and (2) authorized to issue a civil infraction citation for such a violation only if the violation is discovered while the vehicle is stopped or the driver is arrested for another offense. A person who violates this bill is subject to the same civil penalties as a person who violates the existing prohibition against the use of a cellular telephone or other handheld wireless communications device while operating a motor vehicle. (NRS 484B.130, 484B.135, 484B.165)

Statutes affected:
As Introduced: 484B.165
BDR: 484B.165