HB 68: "An Act relating to prohibiting the use of cellular telephones when driving a motor vehicle."
00 HOUSE BILL NO. 68 01 "An Act relating to prohibiting the use of cellular telephones when driving a motor 02 vehicle." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 28.35 is amended by adding a new section to read: 05 Sec. 28.35.165. Prohibited use of cellular telephone. (a) A person may not 06 use a cellular telephone when driving a motor vehicle on a highway or vehicular way 07 or area. 08 (b) This section does not apply to a person using a cellular telephone 09 (1) for emergency purposes, including an emergency call to a law 10 enforcement agency, fire department, or other emergency services agency or entity; or 11 (2) by hands-free mode. 12 (c) Notwithstanding another provision of law, a peace officer may not stop or 13 detain a motor vehicle to determine compliance with (a) of this section, or issue a 14 citation for a violation of (a) of this section, unless the peace officer has probable
01 cause to stop or detain the motor vehicle other than for a violation of (a) of this 02 section. 03 (d) In this section, 04 (1) "emergency" has the meaning given in AS 42.20.150; 05 (2) "hands-free mode" means use of a cellular telephone for listening 06 or talking by means of a speaker function, headset, or earpiece without holding the 07 telephone. 08 (e) A person who violates this section is guilty of an infraction and may be 09 punished as provided under AS 28.90.010.