§ 20-137.3. Unlawful use of a mobile phone by persons under 18 years of age.
§ 20‑137.3. Unlawfuluse of a mobile phone by persons under 18 years of age.
(a) Definitions. Thefollowing definitions apply in this section:
(1) Additionaltechnology. Any technology that provides access to digital media including,but not limited to, a camera, music, the Internet, or games. The term does notinclude electronic mail or text messaging.
(2) Mobile telephone. Adevice used by subscribers and other users of wireless telephone service toaccess the service. The term includes: (i) a device with which a user engagesin a call using at least one hand, and (ii) a device that has an internalfeature or function, or that is equipped with an attachment or addition,whether or not permanently part of the mobile telephone, by which a user engagesin a call without the use of either hand, whether or not the use of either handis necessary to activate, deactivate, or initiate a function of such telephone.
(3) Wireless telephoneservice. A service that is a two‑way real‑time voicetelecommunications service that is interconnected to a public switchedtelephone network and is provided by a commercial mobile radio service, as suchterm is defined by 47 C.F.R. § 20.3.
(b) Offense. Exceptas otherwise provided in this section, no person under the age of 18 yearsshall operate a motor vehicle on a public street or highway or public vehiculararea while using a mobile telephone or any additional technology associatedwith a mobile telephone while the vehicle is in motion. This prohibition shallnot apply to the use of a mobile telephone or additional technology in astationary vehicle.
(c) Seizure. Theprovisions of this section shall not be construed as authorizing the seizure orforfeiture of a mobile telephone, unless otherwise provided by law.
(d) Exceptions. Theprovisions of subsection (b) of this section shall not apply if the use of amobile telephone is for the sole purpose of communicating with:
(1) Any of the followingregarding an emergency situation: an emergency response operator; a hospital,physician's office, or health clinic; a public or privately owned ambulancecompany or service; a fire department; or a law enforcement agency.
(2) The motor vehicleoperator's parent, legal guardian or spouse.
(e) Penalty. Anyperson violating this section shall have committed an infraction and shall paya fine of twenty‑five dollars ($25.00). This offense is an offense forwhich a defendant may waive the right to a hearing or trial and admitresponsibility for the infraction pursuant to G.S. 7A‑148. No driverslicense points, insurance surcharge, or court costs shall be assessed as aresult of a violation of this section. (2006‑177, s. 1; 2009‑135, s. 1.)