Section 40-1. Definitions.
Electronic communication device means wireless or cellular phones, PDAs, BlackBerries, smartphones, MP3 players, laptop or notebook computers utilizing VoIP (Voice-over Internet Protocol) technology, wireless and cellular phones utilizing push-to-talk technology, and any other mobile communication device that uses shortwave analog or digital radio transmission between the device and a transmitter to permit wireless communications to and from the user of the device.
Electronic message means a self-contained piece of digital communication that is designed or intended to be transmitted between two physical devices. An electronic message includes, but is not limited to, email, a text message, an instant message, a command or request to access a World Wide Web page, or other data that uses a commonly recognized electronic communications protocol. An electronic message does not include the use of global positioning or navigation systems or voice or other data transmitted as a result of making a phone call or data transmitted automatically by a wireless communication device without direct initiation by a person.
Section 40-236. Prohibition on use of electronic message.
(a) No person may operate or be in actual physical control of a motor vehicle while using a handheld electronic communication device to compose, read, or send an electronic message when the vehicle is in motion or a part of traffic.
Section 40-237. Exceptions on use of electronic communication devices and electronic message.
Section 40-236 shall not apply if the electronic communication device is being used:
(a) In the reasonable belief that a person’s life or safety is in immediate danger; or
(b) In an emergency vehicle while in the performance of official duties.