District of Columbia: Cell phone laws, bills
June 30, 2008
Current prohibitions:
Drivers using cell phones must use hands-free devices. Police say this law covers text messaging while driving.
Drivers with learner’s permits prohibited from using all cell phones.
School bus operators prohibited from using cell phones while driving.
Pending legislation:
None.
Legislation notes:
Using a handheld cell phone while driving in the District of Columbia can result in a $100 ticket.
A Washington Post poll published April 4, 2010, found that 80 percent of “area” adults said they often see distracted driving on the road. About a quarter of those surveyed said they text message, email or surf the Net while driving. “Almost everyone in the poll reported seeing area drivers frequently clutching cellphones, and nearly three-quarters regularly observe drivers typing on mobile devices,” the Post said.
Enforcement of the hands-free cell phone law began in summer 2004. Between 2004 and 2008, more than 42,000 tickets were written with $4 million in fines collected.
D.C. police reported writing about 7,500 tickets in 2005. In 2006, more than 8,300 tickets were issued. In 2007, citations neared 10,000. In 2008, almost 12,000 tickets were issued for cell phone-related traffic violations.
In 2009, a “reconsideration” of the distracted driving laws was sought by Ward 2 D.C. Council member Jack Evans. A resident has Tweeted a photo that allegedy shows Evans driving and using a handheld cell phone, reporting that the councilman almost hit his vehicle.
Connecticut: Cell phone laws, legislation
June 30, 2008
Texting, cell phone news: Gov. M. Jodie Rell has signed into law a plan to toughen existing distracted driving laws. It increases fines to $100/$150/$200 instead of the current $100 (with possible forgiveness for first-time offenders).
Current prohibitions:
- Texting outlawed for all drivers. Fines $100, then $150 and $200.
- Adult drivers (18 and older) must use hands-free devices while talking on cell phones or using a “mobile electronic device.” Fines for handheld cell phone use $100/$150/$200.
- Minors are prohibited from using wireless phones or other mobile electronic device while driving — with or without hands-free devices.
- School bus operators prohibited from using cell phones while driving.
- Use of video game players and DVD players banned for drivers.
2010 legislation:
SB 427: Seeks to eliminate the state’s 2005 cell phone law’s one-time forgiveness policy for violators who then buy hands-free accessories. Mandates first-offense tickets of $100, then $150 and $200. Wording specifically bans text messaging while driving. Allocates 25 percent of fine money to municipalities. Approved by the full Senate on May 3 (in a 32-1 vote) and then by the House on May 5. Signed into law by the governor on June 3. (Transportation Committee)
Senate Bill 35: Gov. M. Jodie Rell has submitted distracted driving legislation that would toughen the existing law against driving while using a handheld cell phone. Rell seeks to eliminate the 2005 law’s one-time forgiveness policy for violators who then buy hands-free accessories such as Bluetooth headsets
2010 legislation notes
Gov. Jodi Rell said as she signed SB 427 into law: “Five years ago, Connecticut became one of the first states in the nation to fight back against these totally preventable crashes. Now it is time to bolster that law. Frankly, after five years it is time to eliminate that ‘get-out-of-jail-free’ provision.”
Connecticut had 41,000 cellphone violations in 2008 and a similar number in 2009. 14,500 distracted drivers got off with a warning in 2008.
A distracted driving sweep in New Hartford yielded 129 tickets, most of them for talking on cell phones while driving. The citations were written July 24-27. The National Highway Safety Administration funded the crackdown, as it did in Syracuse, N.Y.
2009 legislation
HB 6060: Would prohibit text messaging by all drivers.
HB 5123: Would increase fines for handheld cell phone use by drivers in Connecticut from $100 to $150.
HB 6066: Would increase fines for handheld cell phone use by drivers from $100 to $200.
HB 6410: Would allow members of armed forces to use handheld cell phones while driving if on duty. Approved by House on April 29, 2009.
HB 6059: Seeks additional fines of $500 for causing an accident while on a handheld cell phone. If accident results in a death, $500 plus one-year suspension of driver’s license.
Legislation notes:
Connecticut’s prohibitions on handheld cell phones were enacted in October 2005 via HB 6722.
Arizona: Cell phone laws, legislation
June 30, 2008
Cell phone, text messaging news: A Senate plan to ban text messaging while driving was approved March 22 but failed to advance in the House. A similar texting bill by the same sponsor was defeated in a close vote in summer 2009.
Current prohibitions:
- School bus operators may not use cell phones while driving.
- In Phoenix, drivers are prohibited from text messaging.
2010 cell phone, texting legislation (all dead):
SB 1334: Would outlaw texing by all drivers unless a hands-free device or voice-activated function is employed. Fine $50/$200 if an accident occurs. Approved on Feb. 15 by the Senate Committee on Natural Resources, Infrastructure and Public Debt. Defeated in the full Senate (due to tie vote) on March 2, but then approved on March 22 in a 19-10 vote. Bill “held” in the House until the legislature adjourned April 30. (Melvin-Farley)
HB 2656: Would prohibit restricted license holders under the age of 18 from using cell phones or wireless communications devices such as PDAs while driving. Violators would have restriction period extended by six months regardless of drivers’ age. (Farley)
SB 1067: Seeks to prohibit drivers from viewing video images — includes TV, DVD. Would outlaw installation of these devices where screen can be seen by driver. Approved by the Senate on March 1 and transmitted to the House, where it was approved by the transportation committee. (Nelson)
2010 legislation notes:
Sen. Al Melvin, R-Tucson, returned with legislation (SB 1334, above) calling for a ban on text messaging while driving on Arizona’s roads and highways. The texting bill was shot down in a tie vote on March 2. He asked for the Senate’s reconsideration since as many as eight senators were absent. The texting while driving bill was approved on March 22.
In the 2009 session, Melvin’s Senate Bill 1443 included a provision to ban use of handheld cell phones, but that was stripped out in order to get the texting ban through.Even so, Melvin’s bill failed by two Senate votes.
The Senate’s Republican president and its minority leader both oppose laws against texting while driving. Verizon, Sprint Nextel and AT&T are expected to support texting bans in Arizona.
Phoenix’s ban on texting while driving, enacted in 2007, has resulted in an average of 1.5 tickets per month, as of November 2009. Police claim enforcement of the texting ban is quite difficult.
Coconino County’s supervisors on Feb. 23 shot down a plan from the Board of Health that would have outlawed texting while driving. They backed state efforts to rein in texting while behind the wheel.
2009 legislation:
SB 1443: Would ban text messaging for all drivers in Arizona. (Previous version that cleared committee would have prohibited use of handheld mobile phones.) Rejected by the full Senate on a 15-14 vote held June 22.
HB 2492: Would prohibit text messaging while driving on Arizona roads.
HB 2590: Would outlaw use of handheld phones by drivers under the age of 18. Hands-free operation using a device such as a Bluetooth headset
HB 2191: Seeks to ban driving and talking on cell phones, unless a hands-free accessory is utilized.
2009 legislation notes:
Sen. Al Melvin, R-Tucson, narrowed the scope of his Arizona Senate Bill 1443 to cover only text messaging but it wasn’t enough. The original handheld cell phone ban was approved by the Senate Committee on Public Safety and Human Services on June 17, 2009, but the full Senate rejected even the texting version on June 22.
“It seems hardly a week goes by that we don’t hear of a horrendous accident in the United States involving not just one but multiple loss of life, mostly because of the driver texting,” Melvin said prior to the Senate’s rejection. “That’s the sole motivation here, is to save lives.”
In 2007, a bill seeking to ban all cell phone use while driving failed to advance through the GOP-controlled Legislature. The sponsor was Rep. Tom Prezelski, D-Tucson. Also in 2007, Phoenix banned texting while driving.
2008 cell phone/texting bills
HB 2397: Would have required all drivers to use hands-free devices with cell phones.
HB 2396: Would have banned drivers from texting via a cell phone or PDA.
HB 2398: Would have prohibited drivers with learner’s permits from using cell phones
Maine: Cell phone laws, legislation
June 30, 2008
Texting, cell phone news: State Sen. Bill Diamond plans to keep distracted driving on Maine lawmakers’ minds. Diamond’s general distracted driving law went into effect Sept. 12, 2009. For the 2011 session, he is filing a bill that would specifically ban text messaging while driving.
“While Maine took a big step forward passing a distracted driver law in 2009, it is clear to me now that measure deals more with the effect,” Diamond said Aug. 31. “The proposed ban on texting while driving I have put forward deals better with the cause of the problem.”
Legislation prohibiting adults’ use of handheld cell phone use while driving has failed to advance.
Current prohibitions:
- General distracted driving law penalizes motorists who fail to have their vehicles under control due to wide range of behaviors. Enforcement tied to other traffic offense or accident.
- Drivers under the age of 18 prohibited from using cell phones while driving.
- Drivers with learner’s permits or intermediate licenses prohibited from using cell phones while driving.
2010 distracted driving notes:
Sen. Bill Diamond, D-Windham, attended the first national Distracted Driving Summit in 2009. AAA Northern New England said Diamond’s campaign for a text messaging law comes at a good time, in late August, as teens are returning to school: “This is an excellent opportunity to remind Maine teen drivers that it is illegal to text while driving until you have reached 18 years of age.”
2009 legislation:
SP 15/LD 6 — Would make distracted driving an offense. The original legislation cited electronic devices including games, e-mail and texting devices, as well as grooming. These references were removed. Went into effect Sept. 12, 2009.
HP 35/LD 40 — Would prohibit drivers from using handheld cell phones unless a hands-free accessory is employed. Also prohibiting handheld cell phone use: HP 96/LD 112. Rejected in transportation committee on Feb. 19.
HP 36/LD 41 — Would prohibit drivers from making cell phone calls unless a hands-free accessory is employed, and from text messaging.
Legislation notes:
The distracted driving law was enacted June 12, 2009, and signed by Maine’s governor on June 19. It took effect Sept. 12. Read Maine’s distracted driving law.
Sen. Bill Diamond says his overall law targeting distracted drivers (SP 15/LD 6) makes more sense than a list of banned devices for drivers that would need regular updating. “We cannot just focus on cell phones or the electronic device of the day that people are interested in at that moment,” Diamond says. “What we do is focus on the behavior, not what specifically caused it.”
Rep. Mike Michaud, D-Maine, told the Bangor Daily News that Maine’s distracted driving approach — targeting the behavior, not the devices — has drawn interest from the Transportation secretary and other members of the U.S. House.
The cell phone driving legislation from Rep. George Hogan, D–Old Orchard Beach, calls for fines between $50 and $250. “It’s on the minds of every state, and almost every state is more aggressive than Maine,” Hogan said.
Text messaging brings a fine of not less than $500 under the legislation sponsored by Rep. Paulette Beaudoin, D-Biddeford (HP 36/LD 41). Cell phone fines under the law would be between $50 and $250.
The Sun Journal of Lewiston, Maine, editorialized on texting and driving: “Researchers found texting, as compared to other habits that distract drivers, is exponentially more dangerous than once thought. … Texting is unsafe. Lawmakers in Maine should ban it specifically (not just distracted driving). Drivers should be told of its dangers and punished if caught doing it. It is a safety issue. It’s common sense.” (July 29, 2009)
A hands-free bill died in the state Senate in June 2007.
A study of cell phone-related accidents was mandated by the Legislature, to run through September 2008 with a report due by Jan. 15, 2009. That study was the result of legislation from Rep. Christopher Babbidge, D-Kennebunk, who also authored the state law regarding recycling of used cell phones.
Index: Cell phone laws, legislation by state
June 30, 2008
See what your state’s cell phone and texting laws for drivers require — or are about to require. The majority of U.S. states have restrictions on drivers’ use of cell phones and text messaging devices, or are wrangling with various plans to limit their use.
Text messaging while driving legislation has been quite successful since 2009, as law officers increasingly encounter accidents caused by young people who were busy texting.
View distracted driving laws and legislation by state:
Alabama – Alaska – Arizona – Arkansas – California – Colorado
Connecticut – Delaware – District of Columbia – Florida – Georgia – Hawaii
Idaho – Illinois – Indiana – Iowa – Kansas – Kentucky – Louisiana – Maine
Maryland – Massachusetts – Michigan – Minnesota – Mississippi – Missouri
Montana – Nebraska – Nevada – New Hampshire – New Jersey – New Mexico
New York – New York cities, counties – North Carolina – North Dakota
Ohio – Oklahoma – Oregon – Pennsylvania – Rhode Island – South Carolina
South Dakota – Tennessee – Texas – Utah – Vermont – Virginia
State of Washington – West Virginia – Wisconsin – Wyoming
South Dakota: Cell phone laws, legislation
June 24, 2008
Cell phone/texting news: The House rejected a plan to ban text messaging while driving in February. Another 2010 bill that would have barred young drivers from using mobile electronic devices failed as well.
Current prohibitions:
No restrictions on cell phone use or text messaging.
2010 legislation:
HB 1133: For drivers under 18 with restricted licenses, the bill would outlaw use of cell phones and other wireless communications devices. Exempts GPS. Cleared the Health and Human Services Committee on Feb. 1, 2010. Failed to advance and dead. (Cutler)
HB 1178: Would outlaw text messaging by any driver. Defeated in a full House vote (32-37) on Feb. 17. Sponsor asked for reconsideration, which was denied in another vote the next day. (Nygaard)
2010 legislation notes:
State Rep. Joni Cutler, R-Sioux Falls, and state Sen. Pam Merchant, D-Brookings, were chief sponsors of House Bill 1133, which sought to keep handheld electronic devices out of the hands of young drivers. It failed to advance to the House floor, but Cutler says she may be back for another try.
South Dakota started running a TV ad about distracted driving in summer 2010. Cutler said the PSA could help build support for future legislation.
Heard during debate on HB 1178: “If we don’t take this action we lack compassion for those who have to pick up the pieces from these horrendous accidents,” said Rep. Gerald Lang, D-Madison.
Rep. Todd Schlekeway, R-Sioux Falls, on the defeat of a text messaging ban: “We have a libertarian streak in South Dakota. We kind of look down on these things.”
The Press & Dakotan editorialized July 20: “With Nebraska and Iowa both instituting texting laws this month, there is little reason for South Dakota not to follow suit and implement its own law. … South Dakota is now one of just 12 states that have failed to address the matter.”
South Dakota lawmakers are back in session Jan. 11, 2011.
2009 distracted driving notes:
Rep. Eldon Nygaard, D-Vermillion, was the sponsor of HB 1125, the anti-texting legislation that was considered in the 2009 session.
Rapid City briefly considered limits on cell-phoning drivers, but noted that any legislation should come from the state level.
2009 legislation:
HB 1125: Would have outlawed text messaging by all drivers. Specified use of cell phones for texting. The House State Affairs Committee shot down this texting-and-driving legislation in an 8-4 vote on Feb. 19, 2009.
Rhode Island: Cell phone laws, legislation
June 24, 2008
Cell phone, texting update: : Several bills have been filed for the 2010 session seeking to ban use of handheld cell phones by drivers. All allow for mobile phone use if hands-free accessories
Rhode Island’s ban on text messaging while driving went into effect in November 2009.
Current prohibitions:
Text messaging outlawed for all drivers on Rhode Island roads.
Drivers under the age of 18 prohibited from using cell phones.
School bus operators prohibited from using cell phones while driving.
2010 legislation
HB 7103: Would prohibit motor vehicle drivers and bicyclists from using cell phones unless a hands-free accessory is employed. Ear phones and headsets cannot cover both ears. Fines of $35 to $140. (Kilmartin)
HB 7117: Would create a general inattentive-driving law that comes into play when driver has committed a moving violation. $50 fine in addition to any other fines. (Kilmartin)
HB 7031: Would prohibit use of handheld mobile phones on Rhode Island roads and highways. Use of cell phones OK if a hands-free attachment is employed. $100 fine for first-time violator who shows proof of purchase of a hands-free attachment. (Giannini)
2009 legislation:
HB 5021 and SB 204 (Substitute A): Bans sending, reading or writing a text messaging while driving a motor vehicle. Approved by the Rhode Island Senate on April 7. (SB 204 was filed as a handheld cell phone ban.) Approved by the House on Oct. 29 and sent to the governor. Signed into law by the governor on Nov. 10, 2009, and effective immediately.
HB 5022 seeks to ban drivers from cell phoning unless a hands-free device is utilized. Also targets text messaging.
HB 5242 would change the existing law against driving or bicycling while wearing earphones or headphones to add a ban against handheld cell phones.
HB 5198 would bar minors from text messaging while driving.
HB 5604: Seeks to ban text messaging while driving on Rhode Island roads.
SB 8: Would outlaw texting while driving. Held in committee. (See SB 204 above)
Legislation notes:
Rep. Peter Kilmartin, D-Pawtucket, and Sen. Susan Sosnowski, D-South Kingstown, pushed through the General Assembly the ban on text messaging while driving on Rhode Island roads. It brings a $85 fine for the first offense, $100 for the second and $125 for the third. The DOT ran an ad campaign alerting drivers to the Rhode Island texting and driving law.
Kilmartin said after House approval of the texting ban on Oct. 29: “The bill we passed addresses the most egregious form of distracted driving, but I still believe we should pass hands-free cell phone legislation and I will continue that fight next year.”
Debate on the texting ban included criticisms that the bill did not go far enough and ban cell phone use by drivers. “I realize this is a 10-year effort, and if we can get the most egregious offense out of the way at this time I’m happy doing this,” Kilmartin said.
In 2001, the General Assembly passed Kilmartin’s bill banning handheld cell phones. The Rhode Island governor vetoed the legislation, which would have created one of the nation’s earliest cell phoning while driving laws. Kilmartin, a former policeman, was almost hit by a driver using a handheld electronic device a decade ago.
Sen. Sosnowski sponsored the Senate cell phone and text messaging bills. Under the texting legislation, approved by the Senate on April 7, fines scale from $50 to $75 to $100.
After her texting legislation cleared the Senate Judiciary Committee — but not her handheld cell phone ban — Sosnowski said: “I think it’s a good start. … Texting is just so dangerous, and we have to tell people this is not acceptable, especially our young drivers.”
Oklahoma: Cell phone laws, legislation
June 24, 2008
2010 cell phone, text messaging news: The House and Senate both have voted in favor of bills that address drivers’ use of handheld cell phones and texting devices.
Current prohibitions:
No limits on cell phone use or text messaging.
2010 cell phone, texting legislation:
HB 3250: Would ban the use of handheld cell phones and text messaging devices while driving in Oklahoma. Cell phone users must employ hands-free accessories. Exempts GPS and navigation devices
SB 1908: Overall distracted driving bill. Cites cell phone use and text messaging. Sets enforcement at “secondary level,” with police not permitted to stop violators for this reason alone. Fine of $100 plus court costs of up to $35. Approved by the Senate on March 10. (Sykes)
HB 2611: Would prohibit text messaging by all drivers. Secondary enforcement. Fine of $250 plus two points/$500 three points. (Liebmann)
HB 2857: Would outlaw text messaging and use of cell phones by drivers of public transit vehicles, including school buses. Also railway vehicles. $500 fine. (Wright)
SB 1355: Would prohibit drivers 18 years old and younger from text messaging while behind the wheel. Secondary enforcement, meaning traffic officers cannot stop violators for this reason alone. Fines of up to $100 and $250 (subsequent violations). (Paddack)
SB 1843: Would prohibit text messaging by all authors. Fines up to $175/$500 (for subsequent violations). Fines double after accidents. (Easley)
SB 1386: Would ban text messaging by all drivers. Secondary enforcement. Fines of up to $175 and $200 (for subsequent violations) (Garrison)
SB 1906: Would outlaw use of “portable electronic devices” while driving, including cell phones and text messaging devices. Fine up to $150. (Johnson)
Note: All legislation can be accessed via the Oklahoma Legislature bill tracker.
2010 legislation notes:
Gov. Brad Henry banned all state employees from text messaging while operating government vehicles. At a Capitol ceremony on Jan. 19, he urged the Oklahoma Legislature to take action on distracted driving, calling texting and driving “a recipe for absolute disaster.”
With HB 3250, Rep. Sue Tibbs, R-Tulsa, reintroduced her 2009 plan to ban text messaging while behind the wheel, adding use of handheld cell phones.
Rep. Randy McDaniel, R-Oklahoma City, said he plans to introduce a bill that would require schools to teach young drivers about the dangers of text messaging behind the wheel.
2009 legislation:
HB 1782: Would have prohibited the use of cell phones by drivers unless a hands-free device was employed. OK’d in committee, sent to the House floor but never heard in the 2009 session.
HB 1526: Would outlaw text messaging while driving, but citations would not be issued unless an accident has occurred.
2009 legislation notes:
Rep. Sue Tibbs said of her stalled hands-free legislation: “(HB 1782) was heard in committee. It did pass committee, then assigned to the floor. This bill did not get heard. I didn’t get an explanation why it wasn’t given a hearing.”
She says of texting while driving: “Young people just think they’re invincible. … I just don’t think people realize how dangerous that is.” The bill called for text messaging while driving fines starting at $200 and capping out at $500.
HB 1526 includes possible jail time of up to one year and a fine of up to $1,000. The sponsor is Rep. Guy Liebmann, R-Oklahoma City.
Oklahoma City’s Metro Transit has a new policy for bus drivers: Text and be fired immediately. The first use of a cell phone brings a suspension, the second results in termination.
Previous legislation:
HB 2964, from Rep. Danny Morgan (2008), would have banned cell phoning and texting by teenage drivers.
HB 2932 (2008): Would have prohibited school bus drivers from using cell phones.
SB 176 and HB 2213 (identical, 2008): Would have prohibited use of cell phones without hands-free devices.
HB 2597 (2008): Rep. Paul Wesselhoft, R-Moore, sponsored the “Brittanie Montgomery Act,” named for a cheerleader who died while driving and texting.
“If you’re 15 and a half years old, you’re just learning how to drive, that ought to take 100 percent of your energy and attention,” says text messaging bill sponsor Rep. Paul Wesselhoft. “A 15-year-old learning how to drive has no business being on a cell phone.”
New Jersey: Cell phone laws, legislation
June 24, 2008
Distracted driving update: A proposed law that would allow for charges of vehicular homicide or assault by vehicle when people are killed or injured by cell-phoning drivers has been introduced in the House and Senate. It would be Kulesh and Kubert’s Law.
A bill that would ban public transit drivers from texting and talking on cell phones has been approved in the Assembly. If it becomes law, the state would be one of the first in the nation with a complete set of distracted driving laws.
Current prohibitions:
- Drivers must use hands-free devices while talking on cell phones. ($100 fine plus costs)
- Text messaging and use of video games prohibited while driving.
- School bus operators prohibited from using cell phones while driving.
- Drivers under the age of 21 with learner’s permits or probationary licenses are prohibited from using cell phones, texting devices and other hand-held or hands-free wireless electronic devices while driving (includes iPods).
2010 legislation:
S1950: Provides for charge of vehicular homicide or assault by vehicle if a death occurs due to a driver’s cell phone use. Driving while using a cell phone would be assumed to be reckless driving. Penalties would include prison time and fines up to $150,000, similar to drunken driver punishments. Identical to A2816. (Lesniak)
A407: Prohibits train operators and bus drivers from using wireless telephones and other electronic communications devices. Includes light-rail operators. Fines up to $1,000, imprisonment for six months, or both. Approved by the Assembly on Feb. 25. (Diegnan)
S2181: Provides for graduated penalties for violators of state’s hands-free cell phone law. Fines for first-time violators remain at $100. Second offense in 10 years would bring a $250 fine. Third and subsequent offenses within 10 years of the first would be $500 plus a 60-day license suspension. (Codey) Same as A3154 (Quijano).
2010 distracted driving notes:
The bills seeking to establish the “Kulesh and Kubert’s Law” (S1950, A2816) were introduced on May 20, 2010. The law would be named after Helen Kulesh, who was killed by a woman driving and talking on a cell phone, and David and Linda Kubert, who both lost a leg after a motorist hit them while texting and driving with his elbows. Sen. Raymond Lesniak is the Senate sponsor; Reps. Annette Quijano and Albert Coutinho are the House sponsors.
A407, which restricts public transit drivers from text messaging, is a repeat of last session’s A3358. The Assembly vote of Feb. 25 was unanimous.
Sen. RIchard Codey, D-Essex, was the author of legislation that upgraded New Jersey’s handheld cell phone ban to primary enforcement. He’s back with Senate Bill 2181, which applies graduated penalties to the law (above). “This bill puts teeth in our hands-free law by creating tough penalties as a deterrent for repeat offenders,” he said as the bill was introduced on July 1, 2010.
The Division of Highway Traffic Safety says about 225,000 tickets have been issued since New Jersey’s handheld cell phone law went into effect in March 2008. About 3,600 accidents have been linked to handheld cell phone use in that two-year period.
In 2009, accidents linked to handheld cell phone use by drivers numbered 1,789. Six people died in those crashed, authorities said.
The New Jersey Graduated Driver License Law was updated May 1 in part to clarify the ban on all uses of hand-held or hands-free interactive wireless communication devices for drivers with probationary (provisional) licenses. They are prohibited from using any kind of controls on these devices, including buttons and keys.
The AAA Clubs of New Jersey report that almost all state drivers believe other motorists are distracted by cell phones — but only 52 percent admit to talking and driving themselves. 37 percent of drivers between the ages of 18 and 29 said they used text messaging devices or cell phones while behind the wheel.
2009 legislation:
A3358: Would have prohibited operators of public transit vehicles from text messaging while vehicles are moving. Includes light-rail operators. Combined with A3285, which addressed texting and railway operators. (Same as S2536.)
Legislation notes:
A3358 is sponsored by Assemblyman Patrick Diegnan Jr., D-Middlesex. It cleared in the transportation committee as a substitute on Jan. 26, 2009.
Diegnan’s ban on texting while driving public transit vehicles calls for fines of up to $1,000 and six months in jail. It is one of the many texting-related bills filed nationwide in response to the L.A. commuter crash.
Twin House and Senate bills that would have exempted truckers from the state’s ban on handheld cell phone use failed to advance in the 2009 session. Specifically, the bills would have approved use of citizen’s band radios and two-way radios. The House bill was approved, but the Senate left the legislation in committee. (AB 3084, SB 2242)
The Assembly has approved a plan for drivers with limited licenses (teenagers, usually) to place an identifying placard on their vehicles. Part of the idea is to help police enforce New Jersey’s law that prohibits motorists under the graduated driver program from talking on a cell phone, regardless of whether a hands-free device is employed. The Assembly vote came March 5 and the plan awaits the governor’s signature.
Eighteen municipalities in seven New Jersey counties undertook a two-week crackdown on drivers ignoring the state’s cell phone law for motorists. The March 2009 “Hang Up, Just Drive” program was funded by the Division of Highway Traffic Safety, which reported an drop in reports of illegal cell phone use after the sweep.
New Jersey was one of the first states to ban hand-held cell phone use and text messaging while driving. It also was a leader in prohibiting cell phone use by drivers with permits. In 2007, its existing cell phone driving law was updated to a primary offense, meaning police can stop suspected violators solely for that reason. The texting rules went into effect in March 2008.
Minnesota: Cell phone laws, legislation
June 24, 2008
Distracted driving law update: No distracted driving legislation found success in 2010. The Legislature returns Jan. 4.
Minnesota police planned a statewide distracted driving crackdown for the second anniversary of the texting and driving ban’s enactment. The primary enforcement day is Aug. 5, 2010.
Current prohibitions:
- Text messaging oulawed for all drivers.
- Drivers under the age of 18 with learner’s permits or intermediate licenses are prohibited from using cell phones while driving.
2010 legislation:
HB 2351: Would prohibit the use of cell phones while driving unless a hands-free accessory is utilized. Specifies without the use of either hand. (Masin)
HB 1339: Would outlaw use of handheld cell phones by drivers. School bus drivers and those with instruction permits not allowed to use cell phones at all. Companion to SB 593, below. (Ruud)
SB 593: Seeks to outlaw use of cell phones by drivers, unless a hands-free device is employed. Bans all cell phone use by drivers with instruction permits. Would outlaw use of cell phones by school bus drivers. Companion to HB 1339, above. Approved by the Senate Transportation Committee on March 11 and advanced to a second reading.(Bonoff)
Legislation notes:
Between 2006 and 2008, there were 60,000 accidents in Minnesota blamed on distracted driving. About 200 lives were lost. The Minnesota Department of Public Safety says distracted driving kills 70 people a year and injures another 350.
The House and Senate transportation committees on March 3 held a joint hearing on cell phone use by drivers. Dave Teater of the National Safety Council and the activist group Focus Driven told how his son was killed by a driver chatting on a mobile phone. Opposing a ban on handheld cell phone use by adults were Verizon Wireless and AT&T. The Verizon spokesman suggested that drivers “if possible suspend the call in heavy traffic.”
No new distracted driving laws have been filed since late 2009.
Rep. Sandra Masin, D-Eagan, is the chief author of HB 2351.
Mike Jaros, D-Deluth, has sought a complete ban on drivers using cell phones. His stepson was in a vehicle that was rammed by a cell-phoning driver, but survived.
Katherine Burke Moore, deputy director of the Office of Traffic Safety, told the Star Tribune: “We forget that driving is already a multi-tasking activity. Even when we do it every day, we’re checking mirrors, scanning around the car, and watching for brake lights. Any other distraction is unsafe.”
The Department of Public Safety and AAA (Minnesota/Iowa) are running a competition in which teenagers make television PSAs that educate viewers about the dangers of texting while driving. The spots must be 30 seconds long and entered by April 19, 2010. Prizes of up to $1,000. Learn more about the text-messaging ad competition.
After New Jersey and Washington state, Minnesota was the third state to approve the text-messaging restriction. The anti-texting law went into effect Aug. 1, 2008. A violation is a petty misdemeanor.