(a) Definitions. - For purposes of this section, the following terms shall mean:

(1) Additional technology. - As defined in G.S. 20-137.3(a)(1).

(2) Emergency situation. - Circumstances such as medical concerns, unsafe road conditions,
matters of public safety, or mechanical problems that create a risk of harm for the operator or
passengers of a school bus.

(3) Mobile telephone. - As defined in G.S. 20-137.3(a)(2).

(4) School bus. - As defined in G.S. 20-4.01(27)d4. The term also includes any school activity bus
as defined in G.S. 20-4.01(27)d3. and any vehicle transporting public, private, or parochial
school students for compensation.

(b) Offense. - Except as otherwise provided in this section, no person shall operate a school bus on a public
street or highway or public vehicular area while using a mobile telephone or any additional technology
associated with a mobile telephone while the school bus is in motion. This prohibition shall not apply to
the use of a mobile telephone or additional technology associated with a mobile telephone in a stationary
school bus.

(c) Seizure. - The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a
mobile telephone or additional technology, unless otherwise provided by law.

(d) Exceptions. - The provisions of subsection (b) of this section shall not apply to the use of a mobile
telephone or additional technology associated with a mobile telephone for the sole purpose of
communicating in an emergency situation.

(e) Local Ordinances. - No local government may pass any ordinance regulating the use of mobile telephones
or additional technology associated with a mobile telephone by operators of school buses.

(f) Penalty. - A violation of this section shall be a Class 2 misdemeanor and shall be punishable by a fine of
not less than one hundred dollars ($100.00). No drivers license points or insurance surcharge shall be
assessed as a result of a violation of this section. Failure to comply with the provisions of this section
shall not constitute negligence per se or contributory negligence by the operator in any action for the
recovery of damages arising out of the operation, ownership, or maintenance of a school bus."

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Note: According to the Division of Motor Vehicles, for purposes of School Bus Driver Certification a conviction of
the Mobile Phone Use By School Bus Drivers law (20-137.4 F) shall cancel a School Bus Driver certificate for a period of 1 year.