1. For purposes of this section:
a. “Electronic message” includes images visible on the screen of a hand-held electronic communication device including a text-based message, an instant message, a portion of electronic mail, an internet site, a social media application, or a game.
b. “Engage in a call” means talking or listening on a mobile telephone or other portable electronic communication device.
c. “Hand-held electronic communication device” means a mobile telephone or other portable electronic communication device capable of being used to write, send, or view an electronic message. “Hand-held electronic communication device” does not include a voice-operated or hands-free device which allows the user to write, send, or view an electronic message without the use of either hand except to activate or deactivate a feature or function. “Hand-held electronic communication device” does not include a wireless communication device used to transmit or receive data as part of a digital dispatch system. “Hand-held electronic communication device” includes a device which is temporarily mounted inside the motor vehicle, unless the device is a voice-operated or hands-free device.
d. The terms “write”, “send”, and “view”, with respect to an electronic message, mean the manual entry, transmission, or retrieval of an electronic message, and include playing, browsing, or accessing an electronic message.
Terms Used In Iowa Code 321.276
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Internet: means the federated international system that is composed of allied electronic communication networks linked by telecommunication channels, that uses standardized protocols, and that facilitates electronic communication services, including but not limited to use of the world wide web; the transmission of electronic mail or messages; the transfer of files and data or other electronic information; and the transmission of voice, image, and video. See Iowa Code 4.1
- Internet site: means a specific location on the internet that is determined by internet protocol numbers, by a domain name, or by both, including but not limited to domain names that use the designations ". See Iowa Code 4.1
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
2. A person shall not use a hand-held electronic communication device to write, send, or view an electronic message while driving a motor vehicle unless the motor vehicle is at a complete stop off the traveled portion of the roadway.
a. A person does not violate this section by using a global positioning system or navigation system or when, for the purpose of engaging in a call, the person selects or enters a telephone number or name in a hand-held mobile telephone or activates, deactivates, or initiates a function of a hand-held mobile telephone.
b. The provisions of this subsection relating to writing, sending, or viewing an electronic message do not apply to the following persons:
(1) A member of a public safety agency, as defined in section 34.1, performing official duties.
(2) A health care professional in the course of an emergency situation.
(3) A person receiving safety-related information including emergency, traffic, or weather alerts.
3. Nothing in this section shall be construed to authorize a peace officer to confiscate a hand-held electronic communication device from the driver or occupant of a motor vehicle.
4. a. A person convicted of a violation of this section is guilty of a simple misdemeanor punishable as a scheduled violation undersection 805.8A, subsection 14, paragraph “l”.
5. The department, in cooperation with the department of public safety, shall establish educational programs to foster compliance with the requirements of this section.