2003 - 2004 LEGISLATURE
August 12, 2003 - Introduced by Representatives Ladwig, Staskunas, Gard, J.
Lehman, Montgomery, Jeskewitz, LeMahieu, Plouff and Lothian,
cosponsored by Senator Stepp. Referred to Committee on Highway Safety.
1An Act to amend
346.95 (1); and to create
346.89 (3) of the statutes; relating
2to: operating a motor vehicle while using a cellular telephone or other wireless
3telecommunications device and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits inattentive driving, which means that a driver of a motor
vehicle may not be so engaged or occupied as to interfere with the safe driving of the
vehicle. Any person convicted of inattentive driving may be required to forfeit not
less than $20 nor more than $400.
This bill prohibits a person driving under an instruction permit or a
probationary license from operating a motor vehicle while using a cellular telephone
or other wireless telecommunications device (cellular phone), except to report an
emergency. (A probationary license is, with certain exceptions, issued to all
applicants for an original driver's license and remains in effect for two years from the
date of the licensee's next birthday.) The prohibition applies regardless of whether
the cellular phone is hand-held, installed in the vehicle, or otherwise situated, and
regardless of whether use of the cellular phone interferes with operation of the
vehicle. Persons who violate this prohibition may be required to forfeit not less than
$20 nor more than $40 for a first offense, and not less than $50 nor more than $100
for a second or subsequent offense within one year.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB465, s. 1
346.89 (3) of the statutes is created to read:
No person who holds a probationary license issued under s. 343.085, 3
or an instruction permit issued under s. 343.07, may operate a motor vehicle while 4
using a cellular telephone or other wireless telecommunications device, except to 5
report an emergency.
AB465, s. 2
346.95 (1) of the statutes is amended to read:
Any person violating s. 346.87, 346.88, 346.89 (2) or (3)
, 346.90 to 8
346.92 or 346.94 (1), (9), (10), (11), (12) or (15) may be required to forfeit not less than 9
$20 nor more than $40 for the first offense and not less than $50 nor more than $100 10
for the 2nd or subsequent conviction within a year.
This act takes effect on the first day of the 7th month beginning after 13