2011 - 2012 LEGISLATURE
February 8, 2012 - Introduced by Senators Olsen, Schultz and Lassa, cosponsored
by Representatives Bernier, Petrowski, Kooyenga, Litjens, Petryk, C.
Taylor, Van Roy and
Wynn. Referred to Committee on Transportation and
1An Act to amend
346.95 (1); and to create
346.89 (4) of the statutes; relating
2to: the use of a cellular or other wireless telephone by a probationary licensee
3or instruction permittee while driving a motor vehicle and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits inattentive driving of a motor vehicle, which includes:
1) being so engaged or occupied, while driving a motor vehicle, as to interfere with
the safe driving of the vehicle; and 2) driving a motor vehicle while composing or
sending an electronic text message or an e-mail message, subject to various
exceptions. Any person convicted of these forms 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 driving a motor vehicle while using a cellular or other
wireless telephone (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:
SB447, s. 1
346.89 (4) of the statutes is created to read:
Subject to sub. (3), no person who holds a probationary license issued 3
under s. 343.085, or an instruction permit issued under s. 343.07, may drive, as 4
defined in s. 343.305 (1) (b), any motor vehicle while using a cellular or other wireless 5
telephone, except to report an emergency.
SB447, s. 2
346.95 (1) of the statutes is amended to read:
Any person violating s. 346.87, 346.88, 346.89 (2) or (4)
, 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.
(1) This act takes effect on the first day of the 7th month beginning after 13