State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-137_3

§ 20‑137.3.  Unlawfuluse of a mobile phone by persons under 18 years of age.

(a)        Definitions. – Thefollowing definitions apply in this section:

(1)        Additionaltechnology. – Any technology that provides access to digital media including,but not limited to, a camera, music, the Internet, or games. The term does notinclude electronic mail or text messaging.

(2)        Mobile telephone. – Adevice used by subscribers and other users of wireless telephone service toaccess the service. The term includes: (i) a device with which a user engagesin a call using at least one hand, and (ii) a device that has an internalfeature or function, or that is equipped with an attachment or addition,whether or not permanently part of the mobile telephone, by which a user engagesin a call without the use of either hand, whether or not the use of either handis necessary to activate, deactivate, or initiate a function of such telephone.

(3)        Wireless telephoneservice. – A service that is a two‑way real‑time voicetelecommunications service that is interconnected to a public switchedtelephone network and is provided by a commercial mobile radio service, as suchterm is defined by 47 C.F.R. § 20.3.

(b)        Offense. – Exceptas otherwise provided in this section, no person under the age of 18 yearsshall operate a motor vehicle on a public street or highway or public vehiculararea while using a mobile telephone or any additional technology associatedwith a mobile telephone while the vehicle is in motion. This prohibition shallnot apply to the use of a mobile telephone or additional technology in astationary vehicle.

(c)        Seizure. – Theprovisions of this section shall not be construed as authorizing the seizure orforfeiture of a mobile telephone, unless otherwise provided by law.

(d)        Exceptions. – Theprovisions of subsection (b) of this section shall not apply if the use of amobile telephone is for the sole purpose of communicating with:

(1)        Any of the followingregarding an emergency situation: an emergency response operator; a hospital,physician's office, or health clinic; a public or privately owned ambulancecompany or service; a fire department; or a law enforcement agency.

(2)        The motor vehicleoperator's parent, legal guardian or spouse.

(e)        Penalty. – Anyperson violating this section shall have committed an infraction and shall paya fine of twenty‑five dollars ($25.00). This offense is an offense forwhich a defendant may waive the right to a hearing or trial and admitresponsibility for the infraction pursuant to G.S. 7A‑148. No driverslicense points, insurance surcharge, or court costs shall be assessed as aresult of a violation of this section.  (2006‑177, s. 1; 2009‑135, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-137_3

§ 20‑137.3.  Unlawfuluse of a mobile phone by persons under 18 years of age.

(a)        Definitions. – Thefollowing definitions apply in this section:

(1)        Additionaltechnology. – Any technology that provides access to digital media including,but not limited to, a camera, music, the Internet, or games. The term does notinclude electronic mail or text messaging.

(2)        Mobile telephone. – Adevice used by subscribers and other users of wireless telephone service toaccess the service. The term includes: (i) a device with which a user engagesin a call using at least one hand, and (ii) a device that has an internalfeature or function, or that is equipped with an attachment or addition,whether or not permanently part of the mobile telephone, by which a user engagesin a call without the use of either hand, whether or not the use of either handis necessary to activate, deactivate, or initiate a function of such telephone.

(3)        Wireless telephoneservice. – A service that is a two‑way real‑time voicetelecommunications service that is interconnected to a public switchedtelephone network and is provided by a commercial mobile radio service, as suchterm is defined by 47 C.F.R. § 20.3.

(b)        Offense. – Exceptas otherwise provided in this section, no person under the age of 18 yearsshall operate a motor vehicle on a public street or highway or public vehiculararea while using a mobile telephone or any additional technology associatedwith a mobile telephone while the vehicle is in motion. This prohibition shallnot apply to the use of a mobile telephone or additional technology in astationary vehicle.

(c)        Seizure. – Theprovisions of this section shall not be construed as authorizing the seizure orforfeiture of a mobile telephone, unless otherwise provided by law.

(d)        Exceptions. – Theprovisions of subsection (b) of this section shall not apply if the use of amobile telephone is for the sole purpose of communicating with:

(1)        Any of the followingregarding an emergency situation: an emergency response operator; a hospital,physician's office, or health clinic; a public or privately owned ambulancecompany or service; a fire department; or a law enforcement agency.

(2)        The motor vehicleoperator's parent, legal guardian or spouse.

(e)        Penalty. – Anyperson violating this section shall have committed an infraction and shall paya fine of twenty‑five dollars ($25.00). This offense is an offense forwhich a defendant may waive the right to a hearing or trial and admitresponsibility for the infraction pursuant to G.S. 7A‑148. No driverslicense points, insurance surcharge, or court costs shall be assessed as aresult of a violation of this section.  (2006‑177, s. 1; 2009‑135, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-137_3

§ 20‑137.3.  Unlawfuluse of a mobile phone by persons under 18 years of age.

(a)        Definitions. – Thefollowing definitions apply in this section:

(1)        Additionaltechnology. – Any technology that provides access to digital media including,but not limited to, a camera, music, the Internet, or games. The term does notinclude electronic mail or text messaging.

(2)        Mobile telephone. – Adevice used by subscribers and other users of wireless telephone service toaccess the service. The term includes: (i) a device with which a user engagesin a call using at least one hand, and (ii) a device that has an internalfeature or function, or that is equipped with an attachment or addition,whether or not permanently part of the mobile telephone, by which a user engagesin a call without the use of either hand, whether or not the use of either handis necessary to activate, deactivate, or initiate a function of such telephone.

(3)        Wireless telephoneservice. – A service that is a two‑way real‑time voicetelecommunications service that is interconnected to a public switchedtelephone network and is provided by a commercial mobile radio service, as suchterm is defined by 47 C.F.R. § 20.3.

(b)        Offense. – Exceptas otherwise provided in this section, no person under the age of 18 yearsshall operate a motor vehicle on a public street or highway or public vehiculararea while using a mobile telephone or any additional technology associatedwith a mobile telephone while the vehicle is in motion. This prohibition shallnot apply to the use of a mobile telephone or additional technology in astationary vehicle.

(c)        Seizure. – Theprovisions of this section shall not be construed as authorizing the seizure orforfeiture of a mobile telephone, unless otherwise provided by law.

(d)        Exceptions. – Theprovisions of subsection (b) of this section shall not apply if the use of amobile telephone is for the sole purpose of communicating with:

(1)        Any of the followingregarding an emergency situation: an emergency response operator; a hospital,physician's office, or health clinic; a public or privately owned ambulancecompany or service; a fire department; or a law enforcement agency.

(2)        The motor vehicleoperator's parent, legal guardian or spouse.

(e)        Penalty. – Anyperson violating this section shall have committed an infraction and shall paya fine of twenty‑five dollars ($25.00). This offense is an offense forwhich a defendant may waive the right to a hearing or trial and admitresponsibility for the infraction pursuant to G.S. 7A‑148. No driverslicense points, insurance surcharge, or court costs shall be assessed as aresult of a violation of this section.  (2006‑177, s. 1; 2009‑135, s. 1.)