For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CELL PHONE. A cellular, analog, wireless or digital telephone.
DRIVING or OPERATING A MOTOR VEHICLE. Operating a motor vehicle with the motor running, including while temporarily stationary because of traffic, a traffic-control device or other momentary delays, but does not include operating a motor vehicle after the driver has moved the vehicle to the side of, or off, a highway and halted in a location where the vehicle can safely remain stationary.
ELECTRONIC COMMUNICATION DEVICE.
(1) A cellular telephone, personal digital assistant, electronic device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game or portable computing device.
(2) For the purposes of this subchapter, an ELECTRONIC COMMUNICATION DEVICE does not include:
(a) Voice radios, mobile radios, land mobile radios, commercial mobile radios or two-way radios with the capability to transmit and receive voice transmissions utilizing a push-to-talk or press-to-transmit function; or
(b) Other voice radios used by law enforcement officers, emergency services providers, employees or agents of public safety organizations, first responders, Amateur Radio Operators (HAM) licensed by the Federal Communications Commission and school bus operators.
ENGAGING IN A CALL. When a person talks into or listens on an electronic communication device, but shall not include when a person dials or enters a phone number on a push-pad or screen to initiate the call.
HANDS-FREE ELECTRONIC COMMUNICATION DEVICE. An electronic communication device that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such electronic communication device, by which a user engages in a call without the use of either hand or both hands.
HANDS-FREE EQUIPMENT. The internal feature or function of a hands-free electronic communication device or the attachment or addition to a hands-free electronic communication device by which a user may engage in a call or text without the use of either hand or both hands.
TEXTING.
(1) Manually entering alphanumeric text into, or reading text from, an electronic communication device, and includes, but is not limited to, short message service, emailing, instant messaging, 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.
(2) For the purposes of this subchapter, TEXTING does not include the following actions:
(a) Reading, selecting or entering a telephone number, an extension number or voicemail retrieval code or command into an electronic device by pressing the device in order to initiate or receive a phone call or using voice commands to initiate or receive a telephone call;
(b) Inputting, selecting or reading information on a global positioning system or navigation system; or
(c) Using devices capable of performing multiple functions, including fleet management systems, dispatching devices, smartphones, citizens band radios or music players, for a purpose that is not otherwise prohibited in this subchapter.
USING A CELL PHONE OR OTHER ELECTRONIC COMMUNICATION DEVICE. Holding in a person’s hand or hands an electronic communication device while:
(1) Viewing or transmitting images or data;
(2) Playing games;
(3) Engaging in a call; or
(4) Composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving email, text messages or other electronic data.
(Ord. 8, passed 8-18-2020)
Statutory reference:
Related provisions, see W. Va. Code § 17C-14-15