§ 31-5-237 — Use of handheld electronic wireless communication devices for electronic messaging prohibited; exceptions; penalties

(a) No person shall operate a motor vehicle on a public
street or highway while using a handheld electronic wireless
communication device to write, send or read a text-based
communication. This section shall not apply to a person who is
using a handheld electronic wireless communication device:
(i) While the vehicle is lawfully parked;
(ii) To contact an emergency response vehicle;
(iii) To write, read, select or enter a telephone
number or name in an electronic wireless communications device
for the purpose of making or receiving a telephone call; or
(iv) When using voice operated or hands free
technology.
(b) This section shall not apply to a person operating an
emergency response vehicle while making communications necessary
to the performance of his official duties as an emergency
responder.
(c) Any person who operates a motor vehicle in violation of
this section is guilty of a misdemeanor punishable by a fine of
not more than seventy-five dollars ($75.00).
(d) As used in this section:
(i) "Electronic wireless communication device" means
a mobile communication device that uses short-wave analog or
digital radio transmissions or satellite transmissions between
the device and a transmitter to permit wireless telephone
communications to and from the user of the device within a
specified area;
(ii) "Emergency response vehicle" means any
ambulance, fire department, law enforcement or civil defense
vehicle or other vehicle used primarily for emergency purposes;
(iii) "Voice operated or hands free technology" means
technology that allows a user to write, send or read a text
based communication without the use of either hand except to
activate, deactivate or initiate a feature or function;
(iv) "Write, send or read a text-based communication"
means using an electronic wireless communications device to
manually communicate with any person using text-based
communication including, but not limited to, communications
referred to as a text message, instant message or electronic
mail.