Police Commissioner Announces VIPD Plans to Enforce Ban on Hand Held Mobile Phones
January 3, 2006
Police Commissioner Elton Lewis announces that the Virgin Islands Police Department has begun enforcement of Act No. 6795 also known as the Distracted Driving Act of 2005, which prohibits the use of handheld mobile (cellular) phones while operating a motor vehicle in the Virgin Islands. The law was enacted on December 2, 2005 and took effect on January 2, 2006.
Commissioner Lewis stated that it is customary with any new traffic legislation for the Virgin Islands Police Department to launch a public awareness campaign to educate and warn the general public prior to issuing citations. Therefore, he has instructed police officers to begin enforcing the new law by stopping motorists found using hand held mobile phones and advising them of the new law requiring drivers to use a “hands-free device” in order to lawfully engage in a telephone call on their mobile phones while operating a motor vehicle. Commissioner Lewis stated that there will be a thirty-one day grace period before officers actually begin issuing citations for violations of the new law.
Commissioner Lewis stated that the public should understand the new law and provided the following definitions and the regulations as they are written in Act 6795 for the public to better understand the provisions of the law:
§509 Use of handheld mobile telephones while driving prohibited
(a) Definitions. As used in this section, the following words and phrases have the meanings given to them in this subsection.
(1) "Engage in a call" means talking into or listening on a hand-held mobile telephone, but does not include holding a mobile telephone to activate, deactivate or initiate a function of such telephone.
(2) "Handheld mobile telephone" means a mobile telephone other than a hands-free mobile telephone with which a user engages in a call using at least one hand.
(3) "Hands-free device" means an attachment, add-on, built-in feature or addition to a mobile telephone which, when used, allows the user to engage in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate or initiate a function of the mobile telephone.
(4) "Mobile telephone" means the device used by subscribers and other users of wireless telephone service to access such service.
(5) "Motor vehicle" means any vehicle driven or drawn by mechanical power and manufactured primarily for use on public roads and highways.
(6) "Using" means holding a mobile telephone to, or in the immediate proximity of the user's ear.
(b)(l) Except as otherwise provided in subsection (c), no person may operate a motor vehicle upon the public roads or highways of the Virgin Islands while using a handheld mobile telephone to engage in a call while the vehicle is in motion.
(2) A driver of school bus carrying passengers may not use a mobile telephone or other electronic device including a device with hands-free accessories, while the school bus is moving; except that this section does not apply to a driver of a school bus while placing an emergency call to school officials, or to an emergency response agency set forth in subsection (c) (1).
(3) A person who holds a learner's permit may not use a mobile telephone or other electronic device, including a device with hands-free accessories, while operating a moving, motor vehicle on a public street or highway, except in an emergency as set forth in subsection (c) paragraph (1)
(4) An operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of his ear while the vehicle is in motion is presumed to be engaging in a call within the meaning of this section.
(A) The presumption established by this paragraph is rebuttable by evidence tending to show that the operator was not engaged in a call.
(B) For purposes of this paragraph, “immediate proximity" means that distance as permits the operator of a mobile telephone to hear telecommunications transmitted over the mobile telephone, but does not require physical contact with the operator's ear.
(5) A person who violates this subsection shall be fined not less than $25, but not more than $100.
(6) A person at fault for a second or subsequent violation shall be fined not less than $50, but not more than $200.
(7) A person at fault for three or more violations within a three-year period shall be fined not less than $100 or more than $500 and may have his driver's license suspended for a period not to exceed one year.
(c) The provisions of this section do not apply to:
(1) The use of a mobile telephone for the sole purpose of communicating regarding an emergency situation to an emergency response operator; a hospital, physician's office or health clinic; an ambulance company or corps; a fire department, rescue unit or other emergency responder a police department or other law enforcement agency, local or federal."
