(b) Definitions. As used in this section -

Driving means operating a motor vehicle on a public road, and does not include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an active roadway and has stopped in a location where it can safely remain stationary.

Texting means reading from or manually entering data into a personal wireless communications device, including doing so for the purpose of SMS texting, e-mailing, instant messaging, or engaging in any other form of electronic data retrieval or electronic data communication.

(c) Qualification criteria for a Comprehensive Distracted Driving Grant. To qualify for a Comprehensive Distracted Driving Grant in a fiscal year, a State shall submit as part of its HSP, in accordance with Part 6 of Appendix B -

1. (1) Sample distracted driving questions from the State's driver's license examination; and

2. (2) Legal citations to the State statute demonstrating compliance with the following requirements:

   1. (i) Prohibition on texting while driving. The State statute shall -

      1. (A) Prohibit all drivers from texting through a personal wireless communications device while driving;
      2. (B) Make a violation of the statute a primary offense;
      3. (C) Establish a minimum fine of $25 for a violation of the statute; and
      4. (D) Not include an exemption that specifically allows a driver to text through a personal wireless communication device while stopped in traffic.

   2. (ii) Prohibition on youth cell phone use while driving. The State statute shall -

      1. (A) Prohibit a driver who is younger than 18 years of age or in the learner's permit or intermediate license stage set forth in § 1300.26(d) and (e) from using a personal wireless communications device while driving;
      2. (B) Make a violation of the statute a primary offense;
      3. (C) Establish a minimum fine of $25 for a violation of the statute; and
      4. (D) Not include an exemption that specifically allows a driver to text through a personal wireless communication device while stopped in traffic.

   3. (iii) Permitted exceptions. A State statute providing for the following exceptions, and no others, shall not be deemed out of compliance with the requirements of this section:

      1. (A) A driver who uses a personal wireless communications device to contact emergency services;
      2. (B) Emergency services personnel who use a personal wireless communications device while operating an emergency services vehicle and engaged in the performance of their duties as emergency services personnel; or
      3. (C) An individual employed as a commercial motor vehicle driver or a school bus driver who uses a personal wireless communications device within the scope of such individual's employment if such use is permitted under the regulations promulgated pursuant to 49 U.S.C. 31136.