primary offense

(9) Definitions .— In this subsection, the following definitions apply: (A) Driving .— The term “driving”— (i) means operating a motor vehicle on a public road; and (ii) 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. (B) Personal wireless communications device .— The term “personal wireless communications device”— (i) means a device through which personal wireless services (as defined in section 332(c)(7)(C)(i) of the Communications Act of 1934 ( 47 U.S.C. 332(c)(7)(C)(i) )) are transmitted; and (ii) does not include a global navigation satellite system receiver used for positioning, emergency notification, or navigation purposes. (C) Primary offense .— The term “primary offense” means an offense for which a law enforcement officer may stop a vehicle solely for the purpose of issuing a citation in the absence of evidence of another offense. (D) Public road .— The term “public road” has the meaning given such term in section 402(c). (E) Texting .— The term “texting” means reading from or manually entering data into a personal wireless communications device, including doing so for the purpose of SMS texting, emailing, instant messaging, or engaging in any other form of electronic data retrieval or electronic data communication.


23 USC § 405(e)(9)

Scoping language

In this subsection
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