CITY of ALBUQUERQUE
SEVENTEENTH COUNCIL
COUNCIL BILL NO. F/S O-06-57 ENACTMENT NO. ________________________
SPONSORED BY: Michael Cadigan
ORDINANCE
t
F/S Amending ROA 1994, a Portion of The Traffic Code, To Provide a Criminal Penalty For Talking on or Otherwise Operating a
Hand-
Held Cellular
Phone While Driving a Vehicle; Creating Exceptions (cadigan)
b
AMENDING SECTION 8-2-1-24 ROA 1994, A PORTION OF THE TRAFFIC CODE, TO PROVIDE A CRIMINAL PENALTY FOR TALKING ON OR OTHERWISE OPERATING A
HAND-
HELD CELLULAR
PHONE WHILE DRIVING A VEHICLE; CREATING EXCEPTIONS.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
Section 1. Section 8-2-1-24 ROA 1994 is amended to read as follows:
"ยง 8-2-1-24 DRIVER'S PROHIBITED ACTS.
It shall be unlawful for any person to:
(A) Drive while having in his lap any person, adult or minor, or any animal, nor shall the driver of a vehicle be seated in the lap of any other person.
(B) Drive a vehicle while having either arm around another person. (C) Knowingly permit any other person to interfere with the steering
mechanism or the acceleration of the vehicle.
(D) Carry any animal in or upon any vehicle in a cruel, inhumane, or unsafe manner. Animals carried in the bed of trucks must be crated or restrained upon a non metal mat so that they cannot fall or jump from the truck.
(E) Except as otherwise provided below, no person shall operate a motor vehicle upon a public highway while using a mobile tele
phone to engage in a call or create, send or read text messages while such vehicle is in motion.
(1) For purposes of this subsection the following definitions apply:
(a) "Engage in a call" shall mean talking into, dialing or listening on a
hand-
held mobile tele
phone, but shall not include holding a mobile tele
phone to activate, deactivate or initiate a function of such tele
phone.
(b) "
Hands-free mobile tele
phone" shall mean a mob...
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