§ 20-137.4. Unlawful use of a mobile phone. - North Carolina Statutes

§ 20‑137.4.  Unlawfuluse of a mobile phone.

(a)        Definitions. – Forpurposes of this section, the following terms shall mean:

(1)        Additionaltechnology. – As defined in G.S. 20‑137.3(a)(1).

(2)        Emergency situation.– Circumstances such as medical concerns, unsafe road conditions, matters ofpublic safety, or mechanical problems that create a risk of harm for theoperator or passengers of a school bus.

(3)        Mobile telephone. – Asdefined in G.S. 20‑137.3(a)(2).

(4)        School bus. – Asdefined in G.S. 20‑4.01(27)d4. The term also includes any school activitybus as defined in G.S. 20‑4.01(27)d3. and any vehicle transportingpublic, private, or parochial school students for compensation.

(b)        Offense. – Exceptas otherwise provided in this section, no person shall operate a school bus ona public street or highway or public vehicular area while using a mobiletelephone or any additional technology associated with a mobile telephone whilethe school bus is in motion. This prohibition shall not apply to the use of a mobiletelephone or additional technology associated with a mobile telephone in astationary school bus.

(c)        Seizure. – Theprovisions of this section shall not be construed as authorizing the seizure orforfeiture of a mobile telephone or additional technology, unless otherwiseprovided by law.

(d)        Exceptions. – Theprovisions of subsection (b) of this section shall not apply to the use of amobile telephone or additional technology associated with a mobile telephonefor the sole purpose of communicating in an emergency situation.

(e)        Local Ordinances. –No local government may pass any ordinance regulating the use of mobiletelephones or additional technology associated with a mobile telephone byoperators of school buses.

(f)         Penalty. – Aviolation of this section shall be a Class 2 misdemeanor and shall bepunishable by a fine of not less than one hundred dollars ($100.00). No driverslicense points or insurance surcharge shall be assessed as a result of aviolation of this section. Failure to comply with the provisions of thissection shall not constitute negligence per se or contributory negligence bythe operator in any action for the recovery of damages arising out of theoperation, ownership, or maintenance of a school bus. (2007‑261, s. 1.)