(1) For purposes of this section, “driving” means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays.
(2) For purposes of this section, “driving” does not include operating a commercial motor vehicle if the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.
(3) A driver shall not use a hand-held mobile telephone while driving a commercial motor vehicle.
(4) However, use of a hand-held mobile telephone 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 a driver to use a hand-held mobile telephone while driving a commercial motor vehicle.
(6) A person who is convicted of violating this section is guilty of a violation.