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WASHINGTON STATUTES AND CODES

46.61.668 - Sending, reading, or writing a text message while driving.

Sending, reading, or writing a text message while driving.

(1) Except as provided in subsection (2) of this section, a person operating a moving motor vehicle who, by means of an electronic wireless communications device, sends, reads, or writes a text message, is guilty of a traffic infraction. A person does not send, read, or write a text message when he or she reads, selects, or enters a phone number or name in a wireless communications device for the purpose of making a phone call.

     (2) Subsection (1) of this section does not apply to a person operating:

     (a) An authorized emergency vehicle;

     (b) A voice-operated global positioning or navigation system that is affixed to the vehicle and that allows the user to send or receive messages without diverting visual attention from the road or engaging the use of either hand; or

     (c) A moving motor vehicle while using an electronic wireless communications device to:

     (i) Report illegal activity;

     (ii) Summon medical or other emergency help;

     (iii) Prevent injury to a person or property; or

     (iv) Relay information that is time sensitive between a transit or for-hire operator and that operator's dispatcher, in which the device is permanently affixed to the vehicle.

     (3) Infractions under this section shall not become part of the driver's record under RCW 46.52.101 and 46.52.120. Additionally, a finding that a person has committed a traffic infraction under this section shall not be made available to insurance companies or employers.

[2010 c 223 § 4; 2007 c 416 § 1.]

Notes: Effective date -- 2007 c 416: "This act takes effect January 1, 2008." [2007 c 416 § 2.]

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