Texting While Driving_Ordinance No. 10663-19

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(h) The term does not include the following: (1) Amateur radio equipment that is being operated by a person licensed as an amateur radio operator by the Federal Communications Commission under 47 CFR Part 97. (2) A communications system installed in a commercial motor vehicle weighing more than ten thousand (10,000) pounds. (2) Engaging in a call means talking into, dialing or listening on a hand-held mobile or wireless telephone, but does not include holding a mobile telephone to activate or deactivate the telephone by pressing not more than one (1) button to initiate or terminate a voice communication or other transmission described in this article. (3) Hand-held mobile telephone means a mobile or wireless telephone with which a user engages in a call using at least one hand (or prosthetic device or aid in the case of a physically disabled person). (4) Hands-free mobile telephone means a mobile or wireless telephone that has an internal feature or function or that is equipped with an attachment or addition, whether or not permanently part of the mobile or wireless telephone, by which a user engages in a call without the use of either hand (or prosthetic device or aid in the case of a physically disabled person) whether or not the use of either hand (or prosthetic device) is necessary to activate or deactivate the mobile telephone. (5) Mobile communication device means a text-messaging device or other electronic, two- way communication device that is designed to receive and transmit voice communication, text communication, or both. The term includes a mobile telephone and a personal digital assistant (PDA). (6) Mobile telephone means a device used by subscribers and other users of wireless telephone service to access such service. (7) School crossing zone means a part of a roadway distinctly indicated for crossing by children on the way to or from school by lines or other markings on the surface of the roadway or by signs as addressed by Indiana Code §9-13-2-161.5. (8) Text message means a two-way communication (whether real-time or asynchronous) in which data (composed in whole or in part of text, numbers, images or symbols) is sent, entered or received by a method other than by voice and transmitted through either a short message service (SMS) or a computer network. The term includes electronic or e- mails. The term does not include a communication transmitted through a global positioning or navigation system. (9)Telecommunications device means an electronic or digital telecommunications device or digital telecommunications device as addressed in Indiana Code §9-13-2-177.3 and includes hand-held mobile or wireless telephones and mobile communication devices. (10) Wireless telephone means a device used by subscribers and other users of wireless telephone service to access such service. (11) Wireless telephone service means two-way, real time voice telecommunications service that is interconnected to a public switched telephone network and is commonly referred to as cellular service or personal communication service. Sec. 20-131. - Drivers prohibited from using hand-held mobile or wireless telephones, mobile communication devices and telecommunication devices while driving . (1) Except as provided in Sec. 20-132, a person may not: (a) hold or handle an electronic communications device; (b) participate in text messaging; or (c) view, record, or broadcast images or video; while operating a moving motor vehicle. (2) An operator of a motor vehicle who holds a mobile telephone or telecommunications device or an electronic communications device to or in the immediate proximity of his or her ear