SENATE BILL 89

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Stephen H. Fischmann

AN ACT

RELATING TO MOTOR VEHICLES; AMENDING A SECTION OF THE MOTOR VEHICLE CODE TO PROVIDE THAT CARELESS DRIVING INCLUDES TEXT MESSAGING OR ELECTRONIC MAIL COMMUNICATION WHILE OPERATING A VEHICLE; PROVIDING A PENALTY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 66-8-114 NMSA 1978 (being Laws 1969, Chapter 169, Section 12) is amended to read:

     "66-8-114. CARELESS DRIVING.--

          A. Any person operating a vehicle on the highway shall give [his] the person's full time and entire attention to the operation of the vehicle.

          B. Any person who operates a vehicle in a careless, inattentive or imprudent manner without due regard for the width, grade, curves, corners, traffic, weather and road conditions and all other attendant circumstances, including the non-emergency use of a handheld wireless communication device for text messaging or electronic communication, is guilty of a misdemeanor punishable pursuant to Section 66-8-7 NMSA 1978.

          C. As used in this section, "handheld wireless communication device" means a handheld device used for

the transfer of information without the use of electrical conductors or wires, including a:

                (1) wireless telephone;

                (2) personal digital assistant;

                (3) pager; and

                (4) text messaging device."

- 2 -