State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter60 > 60-6_179_01

60-6,179.01. Use of handheld wireless communicationdevice; prohibited acts; enforcement; violation; penalty.(1) Except as otherwise provided insubsection (2) of this section, no person shall use a handheld wireless communicationdevice to read a written communication, manually type a written communication,or send a written communication while operating a motor vehicle which is inmotion.(2) The prohibitionin subsection (1) of this section does not apply to:(a) A person performing hisor her official duties as a law enforcement officer, a firefighter, an ambulancedriver, or an emergency medical technician; or(b) A person operating amotor vehicle in an emergency situation.(3) Enforcement of this section by state or locallaw enforcement agencies shall be accomplished only as a secondary actionwhen a driver of a motor vehicle has been cited or charged with a trafficviolation or some other offense.(4) Any person who violates this section shall beguilty of a traffic infraction. Any person who is found guilty of a trafficinfraction under this section shall be assessed points on his or her motorvehicle operator's license pursuant to section 60-4,182 and shall be fined:(a) Two hundreddollars for the first offense;(b) Three hundred dollars for a second offense; and(c) Five hundreddollars for a third and subsequent offense.(5) For purposes of this section:(a)(i) Handheldwireless communication device means any device that provides for written communicationbetween two or more parties and is capable of receiving, displaying, or transmittingwritten communication.(ii) Handheld wireless communication device includes,but is not limited to, a mobile or cellular telephone, a text messaging device,a personal digital assistant, a pager, or a laptop computer.(iii) Handheld wirelesscommunication device does not include an electronic device that is part ofthe motor vehicle or permanently attached to the motor vehicle or a handsfreewireless communication device; and(b) Written communication includes, but is not limitedto, a text message, an instant message, electronic mail, and Internet websites. SourceLaws 2010, LB945, § 3.