N.C.P.I.—Motor Vehicle 225.11

The motor vehicle law1 provides that it is unlawful for any person to

operate a vehicle on a [public street] [highway] [public vehicular area]

while using a mobile telephone to

[manually enter multiple letters or text in the device as a means of

communicating with another person.2]

[read any electronic mail or text message transmitted to the device

or stored within the device, provided that this prohibition shall not apply

to any name or number stored in the device nor to any caller

identification information.3]

[In addition, this law does not apply to

[the operator of a vehicle that is lawfully parked or stopped.4]

[[a law enforcement officer] [a member of a fire department] [the

operator of a public or private ambulance] while in the performance of his

official duties.5]

[the use of factory-installed or aftermarket global positioning

systems (GPS) or wireless communications devices used to transmit or

receive data as part of a digital dispatch system.6]

[the use of voice operated technology.7]

Operation of a vehicle in violation of this law is not negligence

within itself. However, the evidence with regard to it is to be considered

with all the other facts in evidence in determining whether the operator

was negligent.