A BILL TO BE ENTITLED
AN ACT making it unlawful to use a wireless communication device while operating a motor vehicle on a public street, highway, or public vehicular area.
The General Assembly of North Carolina enacts:
SECTION 1.  This act shall be known as "The Hands Free NC Act."
SECTION 2.  G.S. 20‑137.3, 20‑137.4, and 20‑137.4A are repealed.
SECTION 3.  Article 3 of Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20‑137.3A.  Unlawful use of a wireless communication device.
(a)	Definitions. – The following definitions apply in this section:
(1)	Emergency situation. – Circumstances such as medical concerns, unsafe road conditions, matters of public safety, or mechanical problems that create a risk of harm for the operator or passengers of a motor vehicle.
(2)	Operate a motor vehicle. – Operating a motor vehicle on a public street, highway, or public vehicular area. The term does not include situations where the motor vehicle is off, or to the side of, a public street, highway, or public vehicular area in a location where the motor vehicle can safely remain stationary.
(3)	School bus. – As defined in G.S. 20‑4.01(27)n. The term also includes any school activity bus, as defined in G.S. 20‑4.01(27)m., and any vehicle transporting public, private, or parochial school students for compensation.
(4)	Texting. – Manually entering text into, or reading text from, a wireless communication device. The term includes short message services, emailing, instant messaging, a command or request to access a webpage, pressing more than a single button to initiate or terminate a call, or engaging in any other form of electronic text retrieval or entry, for present or future communication.
(5)	Wireless communication device. – Any of the following:
a.	A cell phone, personal digital assistant, electronic device with mobile data access, laptop computer, pager, smartwatch, broadband personal communication device, electronic game, and portable computing device.
b.	A device through which personal wireless services, as defined in 47 U.S.C. § 332(c)(7)(C)(i), are transmitted.
(b)	Prohibited Conduct. – No person shall operate a motor vehicle under any of the following circumstances:
(1)	With a wireless communication device in the person's hand.
(2)	While physically holding or supporting a wireless communication device with the person's body; provided this subdivision does not prohibit wearable technology that may be in contact with the person's body but does not require any physical exertion to support.
(3)	While watching a video or movie or communicating by video on a wireless communication device.
(4)	While texting on a wireless communication device.
(c)	Persons Under 18 Years of Age. – No person under the age of 18 years shall operate a motor vehicle while using a wireless communication device, except (i) to follow the route recommended by an electronic navigation system, so long as all address information is entered before operating the vehicle, and (ii) as provided in subdivision (1) of subsection (d) of this section.
(d)	Exceptions. – Subsection (b) of this section shall not apply to any of the following:
(1)	The use of a wireless communication device for the purpose of communicating an emergency situation to any of the following:
a.	An emergency response operator.
b.	A publicly or privately owned ambulance company or service.
c.	A hospital.
d.	A fire department.
e.	A law enforcement agency.
(2)	The use of a wireless communication device by any of the following while in the performance of official duties:
a.	A law enforcement officer.
b.	A member of a fire department.
c.	The operator of a public or private ambulance.
d.	A first responder responsible for the protection and preservation of life, property, evidence, or the environment.
e.	The operator of a vehicle registered to a public utility or communications service provider when the operator is an employee of the public utility or communications service provider using the device to carry out official duties.
f.	An amateur radio operator responding to an emergency situation.
(e)	Nothing in this section prohibits the use, while operating a motor vehicle, of manufacturer‑installed or aftermarket equipment that is integrated into the vehicle.
(f)	Penalties. – Any person who violates this section shall be penalized as follows:
(1)	A person who violates this section and has not previously been found responsible for a violation that occurred within the 36‑month period prior to the date of the current violation is guilty of an infraction, punishable by a fine of one hundred dollars ($100.00) and no insurance points.
(2)	A person who violates this section and has previously been found responsible for a violation of this section that occurred within the 36‑month period prior to the date of the current violation is guilty of an infraction, punishable by a fine of one hundred fifty dollars ($150.00) and insurance points as authorized by G.S. 58‑36‑75(i).
(3)	A person who violates this section and has previously been found responsible for two or more violations of this section that occurred within the 36‑month period prior to the date of the current violation is guilty of an infraction, punishable by a fine of two hundred dollars ($200.00) and insurance points as authorized by G.S. 58‑36‑75(i).
(4)	A person who violates this section while operating a school bus shall be subject to the penalties provided in subdivisions (1) through (3) of this subsection but is guilty of a Class 2 misdemeanor for any violation instead of an infraction.
(g)	Seizure. – The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a wireless communication device.
(h)	Local Ordinance. – No local government may pass an ordinance regulating the use of a wireless communication device while operating a motor vehicle.
(i)	The Commissioner of Motor Vehicles and the Department of Public Instruction shall incorporate in driver education programs and driver licensing programs instructions designed to encourage compliance with this section as an important means of reducing motor vehicle accidents and on the requirements and penalties specified in this law."
SECTION 4.  G.S. 58‑36‑75 is amended by adding a new subsection to read:
"(i)	Unlawful Use of a Wireless Communication Device. – The North Carolina Rate Bureau shall assign one insurance point under the Safe Driver Incentive Plan for a person found responsible under G.S. 20‑137.3A(f)(2) and two insurance points for a person found responsible under G.S. 20‑137.3A(f)(3)."
SECTION 5.(a)  G.S. 20‑11(c)(6) reads as rewritten:
"(6)	The permit holder shall not use a wireless communication device while operating the motor vehicle on a public street or highway or public vehicular area."
SECTION 5.(b)  G.S. 20‑11(d)(2) reads as rewritten:
"(2)	Has not been convicted of a motor vehicle moving violation or seat belt infraction or a violation of G.S. 20‑137.3A during the preceding six months."
SECTION 5.(c)  G.S. 20‑11(e)(6) reads as rewritten:
"(6)	The license holder shall not use a wireless communication device while operating the vehicle on a public street or highway or public vehicular area."
SECTION 5.(d)  G.S. 20‑11(f)(2) reads as rewritten:
"(2)	Has not been convicted of a motor vehicle moving violation or seat belt infraction or a violation of G.S. 20‑137.3A during the preceding six months."
SECTION 5.(e)  G.S. 20‑11(g) reads as rewritten:
"(g)	Level 3 Restrictions. – The restrictions on Level 1 and Level 2 drivers concerning time of driving, supervision, and passenger limitations do not apply to a full provisional license. However, the prohibition against operating a motor vehicle while using a wireless communication device under G.S. 20‑137.3A shall apply to a full provisional license."
SECTION 5.(f)  G.S. 20‑11(l) reads as rewritten:
"(l)	Violations. – It is unlawful for the holder of a limited learner's permit, a temporary permit, or a limited provisional license to drive a motor vehicle in violation of the restrictions that apply to the permit or license. Failure to comply with a restriction concerning the time of driving or the presence of a supervising driver in the vehicle constitutes operating a motor vehicle without a license. Failure to comply with the restriction regarding the use of a wireless communication device while operating a motor vehicle is an infraction punishable as provided in G.S. 20‑137.3A. Failure to comply with any other restriction, including seating and passenger limitations, is an infraction punishable by a monetary penalty as provided in G.S. 20‑176. Failure to comply with the provisions of subsections (e) and (g) of this section shall not constitute negligence per se or contributory negligence by the driver or passenger in any action for the recovery of damages arising out of the operation, ownership or maintenance of a motor vehicle. Any evidence of failure to comply with the provisions of subdivisions (1), (2), (3), (4), and (5) of subsection (e) of this section shall not be admissible in any criminal or civil trial, action, or proceeding except in an action based on a violation of this section. No drivers license points or insurance surcharge shall be assessed for failure to comply with seating and occupancy limitations in subsection (e) of this section."
SECTION 6.  This act becomes effective July 1, 2023, and applies to offenses committed on or after that date. For the six months immediately after the effective date of this act, law enforcement shall only issue warning tickets for offenses committed. Prosecutions for offenses committed under G.S. 20‑137.3, 20‑137.4, and 20‑137.4A before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.