For the purposes of this chapter, the term:

1. (1) “Distracted driving” means inattentive driving while operating a motor vehicle that results in the unsafe operation of the vehicle where such inattention is caused by reading, writing, performing personal grooming, interacting with pets or unsecured cargo, using personal communications technologies, or engaging in any other activity which causes distractions.
2. (2) “Hands-free accessory” means an attachment, add-on, built-in feature, or addition to a mobile telephone or other personal wireless communications device, whether or not permanently installed in a motor vehicle, that allows the vehicle operator to maintain both hands on the steering wheel while the vehicle operator is using the mobile telephone or other personal wireless communications device.
3. (3) “Mobile telephone” means a cellular, analog, wireless, or digital telephone capable of sending or receiving telephone messages without an access line for service.

4. (4)

   1. (A) "Personal wireless communications device" means any handheld or portable electronic device capable of transmitting personal wireless services, as that term is defined in section 332(c)(7)(C)(i) of the Communications Act of 1934, approved September 13, 1982 (96 Stat. 1096; 47 U.S.C. § 332(c)(7)(C)(i)), including a pager, personal digital assistant, computer, or gaming console.
   2. (B) The term "personal wireless communications device" does not include electronic devices installed in or affixed to a motor vehicle for the purpose of providing navigation or emergency assistance, such as a GPS device.
5. (4A) Repealed.

6. (4B)

   1. (A) "Text message" means a text- or image-based electronic message, including Short Message Service ("SMS") message, Multimedia Messaging Service ("MMS") message, email, social media post, instant message, direct message, or any other text- or image-based electronic message delivered through a mobile or browser-based application.

   2. (B) The term "text message" does not include:

      1. (i) An emergency, traffic, or weather alert;
      2. (ii) A message relating to the operation or navigation of a motor vehicle; or
      3. (iii) Other push notifications.

7. (5) "Use" means to intentionally view or read from, or manually enter data into, a mobile telephone or other electronic device to:

   1. (A) Place, talk, or answer a phone call or other voice-based electronic communication; or
   2. (B) Compose, send, access, or retrieve a text message.

History

Mar. 30, 2004, D.C. Law 15-124, § 2, 51 DCR 1541

Dec. 10, 2009, D.C. Law 18-88, § 227(a), 56 DCR 7413

Dec. 6, 2025, D.C. Law 26-55, § 6052(a)

Emergency Legislation

For temporary (90 day) amendment of section, see § 227(a) of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).

For temporary (90 day) amendment of section, see § 227(a) of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).

For temporary (90 days) amendment of this section, see § 6052(a) of Fiscal Year 2026 Budget Support Emergency Act of 2025 (D.C. Act 26-146, Sept. 3, 2025, 72 DCR 9623).

For temporary (90 days) amendment of this section, see § 6052(a) of Fiscal Year 2026 Budget Support Congressional Review Emergency Act of 2025 (D.C. Act 26-210, Nov. 24, 2025, 72 DCR 13514).

Effect of Amendments

D.C. Law 18-88 added par. (4A); and rewrote par. (5), which had read as follows: “(5) ‘Use’ means talking, placing, or receiving a call, or attempting to place or receive a call, on a mobile telephone.”