(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HANDS-FREE USE. The use of a mobile communication device without the use of either hand.
MOBILE COMMUNICATION DEVICE. A wireless communication device that is designed to engage in calls, and/or receive and transmit text, images, and/or data.
OPERATING A MOTOR VEHICLE. Being in actual physical control of a motor vehicle on a highway or street and includes being temporarily stopped because of traffic, a traffic control device or otherwise, but excludes operating a motor vehicle when the vehicle has pulled over to the side of the road or off a roadway and has stopped at a location in which the vehicle can safely remain stationary.
(B) Prohibited use. No person shall, except as otherwise provided in this section, use a mobile communication device while operating a motor vehicle upon a street or highway, unless that device is specifically designed or configured to allow hands-free use and is used in that manner while operating a motor vehicle. A law enforcement officer may stop a motor vehicle or motor driven cycle if the officer has reasonable suspicion to believe a violation of this section is occurring.
(C) Exemptions. This section shall not apply to:
(1) The use of a mobile communication device for the sole purpose of communicating with any of the following regarding an immediate emergency situation, safety hazard or criminal activity:
(a) An emergency response operator;
(b) An ambulance company;
(c) Fire Department and rescue service personnel;
(d) Law enforcement personnel;
(e) A hospital; or
(f) A physician;’s office or health clinic.
(2) The activation, initiation or deactivation of hands-free use while operating a motor vehicle.
(3) The use of a mobile communication device by law enforcement, public safety personnel and persons operating authorized emergency vehicles while performing official public safety duties.
(4) The use of a mobile communication device while driving on private property.
(5) A person driving a school bus or transit vehicle that is the subject to Arizona Revised Statutes or United States Department of Transportation regulations.
(D) Affirmative defense. It is an affirmative defense to a violation of this section if the driver was not operating the vehicle in a careless manner and was:
(1) A driver (a) using a two-way radio or a private Land Mobile Radio System, within the meaning of Title 47 Code of Federal Regulations Part 90, while in the performance and scope of work-related duties and (b) who is operating fleet vehicles or who possess a commercial vehicle license; or
(2) A driver holding a valid amateur radio operator license issued by the Federal Communications Commission and using a half-duplex two-way radio.
(Ord. 18-859, passed 11-13-2018) Penalty, see § 71.99