(1) For purposes of this section, “driving” means operating a commercial motor vehicle with the motor running, including while temporarily stationary because of traffic, a traffic control device, or another momentary delay.
(2) For purposes of this section, “driving” does not include operating a commercial motor vehicle with or without the motor running when the driver moves the vehicle to the side of, or off, a highway, as defined in 49 C.F.R. § 390.5, as in effect on January 1, 2011, and halts in a location in which the vehicle can safely remain stationary.
(3) A driver of a commercial motor vehicle shall not engage in texting while driving.
(4) However, texting while driving is permissible by a driver of a commercial motor vehicle when necessary to communicate with a law enforcement official or other emergency service.
(5) A motor carrier shall not allow or require the motor carrier's drivers to engage in texting while driving.
(6) A person who is convicted of violating this section shall be: Guilty of a violation; and
(7) Fined not less than twenty-five dollars ($25.00).