“§4176A. Cell Phone Use by School Bus Drivers; Penalties
(a) No driver shall operate a school bus on any highway while using a cell telephone while such vehicle is in motion and such vehicle is transporting one or more children; provided that this section shall not apply to communications made to and from a central dispatch, school transportation department or its equivalent when the bus is not equipped with a functioning two-way radio.
(b) For the purposes of this section, cell telephone means a cellular, analog, wireless or digital telephone.
(c) Whoever violates this section shall for the 1st offense be fined not less than $50 nor more than $100. For each subsequent offense the person shall be fined not less than $100 nor more than $200 and shall have his/her school bus endorsement removed from his/her driver’s license for a period of at least 6 months.
(d) It is an affirmative defense to prosecution under this section that the driver’s use of a cell telephone was necessitated by a bona fide emergency.”
Approved July 6, 2004