Sec. 59. (a) Except as provided in subsections (b) and (c), a person may not hold or use a telecommunications device while operating a moving motor vehicle.
(b) A telecommunications device may be used in conjunction with hands free or voice operated technology.
(c) A telecommunications device may be used or held to call 911 to report a bona fide emergency.
(d) A police officer may not, without the consent of the person:
(1) confiscate a telecommunications device for the purpose of determining compliance with this section;
(2) confiscate a telecommunications device and retain it as evidence pending trial for a violation of this section; or
(3) extract or otherwise download information from a telecommunications device for a violation of this section unless:
(A) the police officer has probable cause to believe that the telecommunications device has been used in the commission of a crime;
(B) the information is extracted or otherwise downloaded under a valid search warrant; or
(C) otherwise authorized by law.
(e) The bureau may not assess points under the point system for a violation of this section occurring before July 1, 2021.
As added by P.L.185-2011, SEC.4. Amended by P.L.191-2014, SEC.1; P.L.100-2020, SEC.3.
Structure Indiana Code
Article 21. Traffic Regulation
9-21-8-1. Failure to Comply With Lawful Order or Law Enforcement Officer
9-21-8-2. Roadways; Use of Right Half; Exceptions; Traveling at Reduced Speeds
9-21-8-3. Lane Use Restrictions
9-21-8-4. Vehicles Proceeding in Opposite Directions; Single Lane Roadways; Passing
9-21-8-5. Overtaking and Passing; Limitations; Exceptions
9-21-8-6. Overtaking and Passing on the Right; Conditions
9-21-8-7. Overtaking and Passing on the Left; Conditions
9-21-8-7.5. Overtaking and Passing; Worksite No Passing Zones
9-21-8-8. Driving to the Left Side of the Roadway; Conditions
9-21-8-10.5. Right-of-Way in a Roundabout
9-21-8-11. Roadways Divided Into Three or More Clearly Marked Lanes; Rules
9-21-8-11.5. Roadways Divided Into Two or More Clearly Marked Lanes; Rules
9-21-8-12. Interstate Highways; Lane Use Restrictions for Trucks
9-21-8-13. Interstate Highways Consisting of at Least Three Lanes; Lane Use Restrictions for Trucks
9-21-8-14. Following Other Vehicles; Distance Restrictions
9-21-8-15. Trucks and Tractor-Trailers; Following Other Trucks; Distance Restrictions
9-21-8-16. Caravans and Motorcades; Distance Between Vehicles; Exceptions
9-21-8-17. Divided Highways; Restrictions
9-21-8-18. Limited Access Facilities; Entrance and Exit to and From
9-21-8-20. Pedestrians, Bicycles, and Other Nonmotorized Traffic; Prohibition on Use of Highways
9-21-8-21. Intersections; Right and Left Turns
9-21-8-22. Grades; Proceeding in Opposite Direction on Approach to Crest
9-21-8-23. Starting a Vehicle That Is Stopped, Standing, or Parked
9-21-8-26. Stopping or Sudden Decrease in Speed; Signal
9-21-8-28. Hand and Arm Signals; Left Turn; Right Turn; Decrease in Speed
9-21-8-29. Intersections; Vehicles Approaching From Different Highways; Yield of Right-of-Way
9-21-8-30. Intersections; Vehicles Approaching From Opposite Directions; Yield of Right-of-Way
9-21-8-31. Entrance to Through Highways; Stopping; Yield of Right-of-Way
9-21-8-32. Stop Signs at Intersections; Duty to Obey
9-21-8-33. Yield Signs; Collision With Pedestrian or Vehicle
9-21-8-34. Entrance to Highway From Private Road or Driveway; Yield of Right-of-Way
9-21-8-35. Vehicles Displaying Flashing Lights; Yield Right-of-Way; Violation
9-21-8-36. Traffic Control Signals Not in Operation
9-21-8-37. Pedestrians and Children; Due Care; Caution
9-21-8-39. Railroad Grade Crossings
9-21-8-40. Heavy Equipment or Structures; Railroad Grade Crossings; Notice; Procedure
9-21-8-41.5. Vehicle Entering School Crossing Zone; Obeyance of Instructions
9-21-8-41.7. Duty of Vehicle Operator to Obey Instructions of Railroad Flagman
9-21-8-42. Sidewalks; Approaching From an Alley, Driveway, or Building
9-21-8-43. Loaded Vehicles; Passengers; Obstruction of View; Interference With Control of Vehicle
9-21-8-44. Coasting in Neutral When Traveling Upon a Down Grade; Prohibition
9-21-8-44.5. Compression Release Engine Brakes
9-21-8-45. Farm Wagons; Interstate and State Highways; Prohibitions
9-21-8-46. Implements of Agriculture on Interstate Highways
9-21-8-47. Vehicles That Must Be Operated to Avoid Damage to Highways or Interference With Traffic
9-21-8-48. Vehicles With Contents Escaping; Prohibition From Operation; Exceptions
9-21-8-49. Violations; Class C Infraction; Class a Infraction if Bodily Injury; Exceptions
9-21-8-50. Reckless Operation of a Tractor-Trailer Combination; Class B Misdemeanor
9-21-8-51. Blinding Lights; Failure to Dim
9-21-8-56. Highway Work Zones; Penalties for Violations
9-21-8-57. Operation of Golf Cart on Highway
9-21-8-58. Intrastate Carriers of Metal Coils; Certification
9-21-8-59. Use of Telecommunications Device While Operating a Moving Motor Vehicle