1. A. It shall be unlawful for a public transit driver to operate a motor vehicle on any street or highway within this state while using a cellular telephone or electronic communication device to write, send, or read a text-based communication while the motor vehicle is in motion.
2. B. Any person who violates the provisions of subsection A of this section shall, upon conviction, be guilty of a misdemeanor punishable by a fine of Five Hundred Dollars ($500.00).

3. C. As used in this section:

   1. 1. "Cellular telephone" means an analog or digital wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular telephones;
   2. 2. "Electronic communication device" means an electronic device that permits the user to manually transmit a communication of written text by means other than through an oral transfer or wire communication. This term does not include a voice-activated global positioning or navigation system that is affixed to a motor vehicle; and

   3. 3. "Public transit driver" means:

      1. a. any operator of a public transit vehicle owned and operated by the State of Oklahoma, any public trust authority, county, municipality, town or city within this state,
      2. b. any operator of a school bus or multi-passenger motor vehicle owned and approved to operate by the State Department of Education or any school district within this state, or
      3. c. any operator, conductor or driver of a locomotive engine, railway car or train of cars.
4. D. This act shall not apply to railroads and railroad operating employees regulated by the Federal Railroad Administration.

Laws 2010, HB 2957, c. 218, § 1, eff. November 1, 2010.