A. Full Time And Attention To Driving 1 : The operator of every vehicle, while driving, shall devote his full time and attention to such driving. A violation of this section that does not result in collision or injury to either person or property shall have a maximum penalty of one hundred dollars ($100.00) plus costs. A violation of this section that does result in collision or injury to either person or property shall have a maximum penalty of two hundred dollars ($200.00) plus costs.
1. Prohibited Use Of Handheld Device: It shall be unlawful for any person to operate a motor vehicle on any street or highway within the city of Enid while using a handheld electronic communication device to manually compose, send or read an electronic text message while the motor vehicle is in motion.
2. Violation: The violation of this subsection shall be punishable by a fine of not more than one hundred dollars ($100.00) plus costs.
3. Exception: The provisions of subsection A of this section shall not apply if the person is using the cellular telephone or electronic communication device for the sole purpose of communicating with any of the following regarding an imminent emergency situation:
a. An emergency response operator; or
b. A hospital, physician's office or health clinic; or
c. A provider of ambulance services; or
d. A provider of firefighting services; or
e. A law enforcement agency.
4. Definitions: For the purpose of this subsection:
CELLULAR TELEPHONE: An analog or digital wireless telephone authorized by the federal communications commission to operate in the frequency bandwidth reserved for cellular telephones.
COMPOSE, SEND OR READ: With respect to a text message means the manual entry, sending or retrieval of a text message to communicate with any person or device.
ELECTRONIC COMMUNICATION DEVICE: An electronic device that permits the user to manually transmit a communication of written text by means other than through an oral transfer or wire communication. This term does not include a device that is physically or electronically integrated into a motor vehicle or a voice operated global positioning or navigation system that is affixed to a motor vehicle, or a hands free device that allows the user to write, send or read a text message without the use of either hand except to activate, deactivate or initiate a feature or function.
TEXT MESSAGE: Includes a text based message, instant message, electronic message, photo, video or electronic mail.
C. Use Of Cellular Telephone Or Electronic Communication Device By A Person Operating A Commercial Motor Vehicle 3 :
1. Unlawful Use Of Electronic Device In A Commercial Vehicle: It shall be unlawful for any person to operate a commercial motor vehicle or for a public transit driver to operate a motor vehicle on any street or highway within this state while:
a. Using a cellular telephone or electronic communication device to write, send or read a text based communication; or
b. Using a handheld mobile telephone while operating a commercial motor vehicle; or
c. For the purposes of this subsection, using a handheld mobile telephone is permissible for drivers of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.
2. Violation: The violation of this subsection shall be punishable by a fine of not more than five hundred dollars ($500.00) plus costs.
3. Definitions: As used in this subsection:
CELLULAR TELEPHONE: An analog or digital wireless telephone authorized by the federal communications commission to operate in the frequency bandwidth reserved for cellular telephones.
ELECTRONIC COMMUNICATION DEVICE: An electronic device that permits the user to manually transmit a communication of written text by means other than through an oral transfer or wire communication. This term does not include a voice activated global positioning or navigation system that is affixed to a motor vehicle.
OPERATE: Operating on a street or highway, including while temporarily stationary because of traffic, a traffic control device or other momentary delays. Operating does not include when the driver of a commercial motor vehicle has moved the vehicle to the side of, or off a street or highway and has halted in a location where the vehicle can safely remain stationary.
PUBLIC TRANSIT DRIVER: a. Any operator of a public transit vehicle owned and operated by the state of Oklahoma, any public trust authority, county, municipality, town or city within this state; or
b. Any operator of a school bus or multi-passenger motor vehicle owned and approved to operate by the state department of education or any school district within this state; or
c. Any operator, conductor or driver of a locomotive engine, railway car or train of cars.
WRITE, SEND OR READ A TEXT BASED COMMUNICATION (Also Known As TEXTING): Manually entering alphanumeric text into, sending text or reading text from an electronic device, and includes, but is not limited to, short message service (SMS), e-mailing, instant messaging (IM), a command or request to access a world wide web page or engaging in any other form of electronic text retrieval or entry, for present or future communication. As used in this paragraph, texting does not include:
a. Using voice commands to select or enter a telephone number, an extension number or voicemail retrieval codes and commands into an electronic device for the purpose of initiating or receiving a phone call; or
b. Inputting, selecting or reading information on a global positioning system or navigation system; or
c. Using a device capable of performing multiple functions for a purpose that is not otherwise prohibited in this part, including, but not limited to, fleet management systems, dispatching devices, smart phones, citizens band radios and music players.
4. Exception: This subsection shall not apply to railroads and railroad operating employees regulated by the federal railroad administration. (Ord. 2015-44, 12-1-2015)
Notes
| 1 | 1. State law reference - similar provisions, 47 OS § 11-901(b). |
| 2 | 2. State law reference - similar provisions, 47 OS § 11-901(d). |
| 3 | 1. State law reference - similar provisions, 47 OS § 11-901(c). |