Del. P.J.I. Civ. § 6.6.17

21 Del. C. § 4176C provides in part as follows:

(a) No person shall drive a motor vehicle on any highway while using an

electronic communication device while such motor vehicle is in motion.

(b) For the purposes of this section, the following terms shall mean:

(1) “Cell telephone” shall mean a cellular, analog, wireless or digital

telephone.

(2) “Electronic communication device” shall mean a cell telephone,

personal digital assistant, electronic device with mobile data access, laptop

computer, pager, broadband personal communication device, 2-way

messaging device, electronic game, or portable computing device.

(3) “Engages or engaging in a call” shall mean when a person talks into

or listens on an electronic communication device, but shall not mean when a

person dials or punches a phone number on an electronic communication

device.

(4) “Hands-free electronic communication device” shall mean an

electronic communication device that has an internal feature or function, or

that is equipped with an attachment or addition, whether or not permanently

part of such electronic communication device, by which a user engages in a

call without the use of either hand or both hands.

(5) “Hands-free equipment” shall mean the internal feature or function

of a hands-free electronic communication device or the attachment or addition

to a hands-free electronic communication device by which a user may engage

in a call without the use of either hand or both hands.

(6) “Using” shall mean holding in a person’s hand or hands an

electronic communication device while: viewing or transmitting images or

data, playing games, composing, sending, reading, viewing, accessing,

browsing, transmitting, saving or retrieving e-mail, text messages or other

electronic data; or engaging in a call.