vehicle. 1. a. A person subject to rules adopted by the department of public safety pursuant to section 321.449 shall not operate a commercial motor vehicle while engaged in texting as prohibited by 49 C.F.R. §392.80, except in an emergency or as otherwise permitted under 49 C.F.R. §392.80. b. A person subject to rules adopted by the department of public safety pursuant to section 321.449 shall not operate a commercial motor vehicle while using a hand-held mobile telephone as prohibited by 49 C.F.R. §392.82, except in an emergency or as otherwise permitted under 49 C.F.R. §392.82. 2. a. A person convicted of a violation of this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 13, paragraph “b”. b. A violation of this section shall be considered a moving violation for the purposes of this chapter and rules adopted pursuant to this chapter. c. A conviction for a violation of this section shall be in lieu of a conviction for a violation of section 321.276 ifthe violations are based on the same facts and circumstances.
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