(1) Except as provided under subsection (b) of this section, a driver of a motor vehicle shall not use a wireless telecommunications device while operating a motor vehicle in a highway work zone when a highway worker is present.
(2) A driver of a motor vehicle who is in a highway work zone when a highway worker is present may use a wireless telecommunications device while operating a motor vehicle only in an emergency.
(3) This section does not apply to a law enforcement officer engaged in the performance of his or her official duties.
(4) As used in this section: “Highway work zone” means any area upon or adjacent to a highway, road, or street of this state where construction, reconstruction, maintenance, or any other type of work is being performed or is in progress; and
(5) “Highway worker” means an employee of any of the following who is present in a highway work zone: The Arkansas Department of Transportation;
(6) A county;
(7) A municipality; or
(8) A contractor or subcontractor of the State Highway Commission or a county or municipality that is performing duties related to the highway work zone.