(a) For purposes of this article, the following words have the following meanings:
(1) Wireless telecommunication device. A handheld cellular telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other similar wireless device that is readily removable from a vehicle and is used to write, send, or read text or data through manual input. The term “wireless telecommunication device” does not include a device which is voice-operated and which allows the user to send or receive a text-based communication without the use of either hand except to activate or deactivate a feature or function.
(2) Write, send, or read a text-based communication. Using a wireless telecommunication device to manually communicate with any person using text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail. The term does not include reading, selecting, or entering a telephone number or name in a cell or wireless telephone or communication device for the purpose of making a telephone call.
(b) A person may not operate a motor vehicle on a public road, street, or highway in Alabama while using a wireless telecommunication device to write, send, or read a text-based communication.
(c) A person who violates subsection (b) is subject to fines as follows:
(1) Twenty-five dollars ($25) for a first violation.
(2) Fifty dollars ($50) for a second violation.
(3) Seventy-five dollars ($75) for a third or subsequent violation.
(d) Law enforcement officers enforcing this section may treat a violation of this section as the primary or sole reason for issuing a citation to a driver.
(e) The following uses of wireless communication devices shall not be subject to the restrictions in this section:
(1) An individual using a wireless communication device to obtain emergency services including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.
(2) An individual using a wireless communication device while the motor vehicle is parked on the shoulder of the highway, road, or street.
(3) An individual using a wireless communication device as a global positioning or navigation system to receive driving directions which has been pre-programmed with the desired coordinates. The programming of coordinates while operating a vehicle remains a violation of this section.
Cite this article: FindLaw.com - Alabama Code Title 32. Motor Vehicles and Traffic § 32-5A-350 - last updated January 01, 2019 | https://codes.findlaw.com/al/title-32-motor-vehicles-and-traffic/al-code-sect-32-5a-350.html
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