STATE OF OKLAHOMA

2nd Session of the 52nd Legislature (2010)

SENATE BILL 1908	By:	Sykes

AS INTRODUCED

An Act relating to motor vehicles; amending Section 3, Chapter 108, O.S.L. 2003 (47 O.S. Supp. 2009, Section 11-901b), which relates to full attention to driving; defining terms; prohibiting distracted driving; establishing penalties; prohibiting certain routine stops; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 3, Chapter 108, O.S.L. 2003 (47 O.S. Supp. 2009, Section 11-901b), is amended to read as follows:
Section 11-901b.  The operator of every vehicle, while driving, shall devote their full time and attention to such driving.
No law enforcement officer shall issue a citation under this section unless the operator of the vehicle is involved in an accident
A.  For the purpose of this section:
1.  “Distracted driving” means inattentive driving of any vehicle being operated in violation of any provisions of this title, or any other law regulating the operation of a vehicle, that is caused by reading, writing, performing personal grooming, interacting with pets or unsecured cargo, using a personal communication device, or engaging in any other activity which causes distractions;
2.  "Personal communication device" means a cellular, analog, wireless, mobile or digital telephone capable of sending or receiving telephone calls or text messages without an access line for service; and
3.  "Use" of a wireless telephone or personal communication device shall include, but not be limited to, talking or listening to another person on the telephone, text messaging, or sending an electronic message via the wireless telephone or electronic communication device.
B.  Distracted driving shall be unlawful.  A person found guilty of distracted driving shall be subject to the fine and penalty set forth in subsection C of this section.
C.  The penalty for violating this section shall be a fine of One Hundred Dollars ($100.00) and court costs, not to exceed Thirty-five Dollars ($35.00).
D.  No law enforcement officer shall make routine stops of motorists for the purpose of enforcing this act.
SECTION 2.  This act shall become effective November 1, 2010.

52-2-3504	MRB	1/13/2010 11:47:06 AM