On April 12, 2019, Governor Tim Walz signed into law a bill that makes it unlawful for a driver to use a “wireless communications device” (for all intents and purposes, a cellphone or smartphone) in any mode other than “hands-free” while the vehicle is in motion or a part of traffic . Minnesota law already prohibits the use of a phone to text message, e-mail, and access the internet while driving, which we posted about here. Under the new law, Minnesota will now ban any and all uses of a phone while the vehicle is in motion or in traffic (including while stopped at a traffic light), with the only exceptions being the following:
- In a voice-activated or hands-free mode to initiate or participate in a cellular phone call or to initiate, compose, send, or listen to an electronic message;
- To view or operate a GPS or navigation system in a manner that does not require the driver to type while the vehicle is in motion or a part of traffic, “provided that the person does not hold the device with one or both hands”;
- To listen to audio-based content in a manner that does not require the driver to scroll or type while the vehicle is in motion or a part of traffic, provided that the person does not hold the device with one or both hands.
- To obtain emergency assistance to report a traffic accident, medical emergency, or serious traffic hazard, or prevent a crime about to be committed;
- In the reasonable belief that a person’s life or safety is in immediate danger; and
- In an authorized emergency vehicle while in the performance of official duties.
Under the new law, which modifies existing Minnesota Statutes 169.475, drivers can send messages or place calls while driving only if their device is in hands-free or voice-activated mode. A violation of the new law if a petty misemeanor, with a maximum fine of $275.00. The new law goes into effect on August 1, 2019.