§ 20‑137.4A. Unlawfuluse of mobile telephone for text messaging or electronic mail.
(a) Offense. It shallbe unlawful for any person to operate a vehicle on a public street or highwayor public vehicular area while using a mobile telephone to:
(1) Manually entermultiple letters or text in the device as a means of communicating with anotherperson; or
(2) Read any electronicmail or text message transmitted to the device or stored within the device,provided that this prohibition shall not apply to any name or number stored inthe device nor to any caller identification information.
(b) Exceptions. Theprovisions of this section shall not apply to:
(1) The operator of avehicle that is lawfully parked or stopped.
(2) Any of the followingwhile in the performance of their official duties: a law enforcement officer; amember of a fire department; or the operator of a public or private ambulance.
(3) The use of factory‑installedor aftermarket global positioning systems (GPS) or wireless communications devicesused to transmit or receive data as part of a digital dispatch system.
(4) The use of voiceoperated technology.
(c) Penalty. Aviolation of this section while operating a school bus, as defined in G.S. 20‑137.4(a)(4),shall be a Class 2 misdemeanor and shall be punishable by a fine of not lessthan one hundred dollars ($100.00). Any other violation of this section shallbe an infraction and shall be punishable by a fine of one hundred dollars($100.00) and the costs of court.
No drivers license points orinsurance surcharge shall be assessed as a result of a violation of thissection. Failure to comply with the provisions of this section shall notconstitute negligence per se or contributory negligence per se by the operatorin any action for the recovery of damages arising out of the operation,ownership, or maintenance of a vehicle. (2009‑135, s. 2.)
§ 20‑137.4A. Unlawfuluse of mobile telephone for text messaging or electronic mail.
(a) Offense. It shallbe unlawful for any person to operate a vehicle on a public street or highwayor public vehicular area while using a mobile telephone to:
(1) Manually entermultiple letters or text in the device as a means of communicating with anotherperson; or
(2) Read any electronicmail or text message transmitted to the device or stored within the device,provided that this prohibition shall not apply to any name or number stored inthe device nor to any caller identification information.
(b) Exceptions. Theprovisions of this section shall not apply to:
(1) The operator of avehicle that is lawfully parked or stopped.
(2) Any of the followingwhile in the performance of their official duties: a law enforcement officer; amember of a fire department; or the operator of a public or private ambulance.
(3) The use of factory‑installedor aftermarket global positioning systems (GPS) or wireless communications devicesused to transmit or receive data as part of a digital dispatch system.
(4) The use of voiceoperated technology.
(c) Penalty. Aviolation of this section while operating a school bus, as defined in G.S. 20‑137.4(a)(4),shall be a Class 2 misdemeanor and shall be punishable by a fine of not lessthan one hundred dollars ($100.00). Any other violation of this section shallbe an infraction and shall be punishable by a fine of one hundred dollars($100.00) and the costs of court.
No drivers license points orinsurance surcharge shall be assessed as a result of a violation of thissection. Failure to comply with the provisions of this section shall notconstitute negligence per se or contributory negligence per se by the operatorin any action for the recovery of damages arising out of the operation,ownership, or maintenance of a vehicle. (2009‑135, s. 2.)
§ 20‑137.4A. Unlawfuluse of mobile telephone for text messaging or electronic mail.
(a) Offense. It shallbe unlawful for any person to operate a vehicle on a public street or highwayor public vehicular area while using a mobile telephone to:
(1) Manually entermultiple letters or text in the device as a means of communicating with anotherperson; or
(2) Read any electronicmail or text message transmitted to the device or stored within the device,provided that this prohibition shall not apply to any name or number stored inthe device nor to any caller identification information.
(b) Exceptions. Theprovisions of this section shall not apply to:
(1) The operator of avehicle that is lawfully parked or stopped.
(2) Any of the followingwhile in the performance of their official duties: a law enforcement officer; amember of a fire department; or the operator of a public or private ambulance.
(3) The use of factory‑installedor aftermarket global positioning systems (GPS) or wireless communications devicesused to transmit or receive data as part of a digital dispatch system.
(4) The use of voiceoperated technology.
(c) Penalty. Aviolation of this section while operating a school bus, as defined in G.S. 20‑137.4(a)(4),shall be a Class 2 misdemeanor and shall be punishable by a fine of not lessthan one hundred dollars ($100.00). Any other violation of this section shallbe an infraction and shall be punishable by a fine of one hundred dollars($100.00) and the costs of court.
No drivers license points orinsurance surcharge shall be assessed as a result of a violation of thissection. Failure to comply with the provisions of this section shall notconstitute negligence per se or contributory negligence per se by the operatorin any action for the recovery of damages arising out of the operation,ownership, or maintenance of a vehicle. (2009‑135, s. 2.)
