(a) A holder of a level one instruction permit or a level two intermediate driver’s license who is under the age of eighteen years may not use a wireless communication device while operating a motor vehicle unless the use of the wireless communication device is for contacting a 9-1-1 system.
(b) Enforcement of this section shall be only as a secondary action when a law- enforcement officer, with probable cause, detains a driver for a suspected violation of another provision of the Codified Ordinances.
(c) For the purposes of this section the following definitions shall apply:
(1) “9-1-1 system” means an emergency telephone system or enhanced emergency telephone system as defined in West Virginia Code 24-6-2;
(2) “Wireless communication device” means a handheld or hands free device used to access a wireless telephone service or a text-messaging device.
(d) Any person violating any provision of this section shall, upon the conviction thereof, be fined the sum of twenty-five dollars ($25.00). (Ord. 0-9-06. Passed 8-10-06.)