2009 Wisconsin Act 220
(effective date: December 1, 2010)
The Act prohibits electronic text
messaging and electronic mail messaging while driving and provides a penalty.
Specifically, the Act creates s. 346.89(3), which states:
"No person may drive, as defined in s. 343.305(1)(b), any motor vehicle while composing or sending an electronic text message or an electronic mail message."
"Drive" means exercising the physical control over the speed and direction of a motor vehicle while it is in motion. The statute is specific to driving a motor vehicle and does not include operation under s. 343.305(1)(a).
Section 346.89(3) does not apply to operators of emergency vehicles or devices used to transmit and receive emergency alert messages. Additionally, this section does not apply to amateur radio operators who have a valid license, messages involved in the operation of a vehicle, the use of a voice-operated or hands-free device, or the use of accessories integrated into the electrical system of a vehicle, including GPS devices.
Violators are subject to a forfeiture of not less than $20 and not more than $400.