An ordinance amending Section 12.68.210 of the Metropolitan Code of Laws to prohibit the use of mobile telephones while driving, unless a hands free device is used.

BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Chapter 12.68 of the Metropolitan Code of Laws be and the same is hereby amended by deleting Section 12.68.210 and substituting in lieu thereof the following new Section 12.68.210:

"12.68.210 Use of mobile telephones while operating a motor vehicle.

A. Except as provided by subsection B. of this section, no person shall drive a motor vehicle while using a mobile, cellular, analog wireless or digital telephone.
B. The provisions of the ordinance shall not apply to:
1. Law enforcement officers and operators of emergency vehicles when on duty and acting in their official capacities.
2. Persons using a telephone with a "hands free" device allowing the driver to talk into and listen to the other party without the use of hands.
3. Persons using a telephone to call 911 or other emergency telephone numbers to contact public safety personnel.
4. Persons using a telephone while maintaining a motor vehicle in a stationary, parked position, and not in gear.
C. Any person who violates subsection A. of this section shall be subject to a fine of fifty dollars ($50.00)."

Section 2. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jamie Isabel, Vivian Wilhoite, J. B. Loring, Harold White, Pam Murray, Edward Whitmore