District of Columbia: Cell phone laws, bills

Distracted driving news: Looks like drivers in the nation’s capital are committing cell phone and text messaging infractions at a record pace. Metropolitan Police wrote 11,868 tickets in 2010. That’s up 24 percent over the year before and ties the Washington, D.C., record for distracted driving tickets set two years ago.

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.

Police in nearby Fairfax County, Va., ticketed more than 9,000 people for inattentive driving during 2010. That’s a 24 percent jump from 2010′s numbers.

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. Tickets are running at an all-time high in 2010.

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

Texting, cell phone news: Connecticut has again increased fines for using cell phones and text messaging while driving. As of July 1, 2011, they are $125 (first offense), then $250, then $400.

Connecticut also toughened its existing distracted driving laws in 2010. Under those changes, fines for using handheld cell phones and texting became $100/$150/$200 instead of the previous $100. No more forgiveness for first-time offenders.

Current prohibitions:

• Texting outlawed for all drivers. Fines $125, then $250 and $400.
• 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 $125/$250/$400.
• 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.

2011 distracted driving legislation:
HB 6581 (aka Public Act No. 11-213): Sweeping changes to the state’s DMV regulations. Section on handheld cell phones and text messaging increases fines to $125, then $250 and then $400. Makes text messaging a major offense for commercial vehicle operators. Minor adjustments to distracted driving wording. Approved by the House on June 1 and by the Senate on June 8. Sent to the secretary of state on June 30, and took effect July 1, 2011.

HB 6366: Would require law officers writing a summons under electronic distracted driving laws to seize and suspend driver’s license for 24-hour period, if there is a previous conviction. Increases penalties for second and subsequent violations to up to $500 plus possibility of three months’ imprisonment. First offense fines remain at $100. Latest legislative action: Approved by the Joint Committee on Judiciary in a 23-20 vote on April 14. (Judiciary Committee)

HB 6119: Would make the second offense of illegal use of a hand-held mobile electronic device by a driver a misdemeanor. Police shall be empowered to take possession of violators’ license for a period of 24 hours. Latest legislative action: Approved March 18 by the Transportation Committee, which bundled this and other DMV-related bills in HB 6581. (Hetherington)

House Bill 6057: Drivers convicted of a second violation of driving while using a hand-held mobile telephone or mobile electronic device would be guilty of an unclassified misdemeanor. Possible imprisonment. (Tong)

HB 6138: Would allow for felony charges against a driver who causes a death or serious body injury while using a cell phone or texting. Also mandates a minimum six-month license suspension for second convictions under existing handheld cell phone/text messaging laws. (Miller)

HB 6145: Seeks felony charges against any driver who causes an accident while using a cell phone or texting. Also calls for a minimum six-month license suspension for second convictions under existing handheld cell phone/text messaging laws. (Miller)

HB 6211: Would make fines for violations of the handheld cell phone and texting laws uniform: $100 (first offense), then $150 (second) and $200 (all subsequent). Teen drivers and school bus drivers currently receive fines of $100, while the above fines apply to all other drivers. (Transportation Committee)

HB 6213: Would increase all fines for violations of handheld cell phone law by $100 — to $200/$250/$300. (Perillo)

HB 6570: Specifies that commercial vehicle drivers may not text while driving. Infractions would be classified as “serious traffic violations.” Purpose is “to comply with federal law prohibiting texting while operating a commercial motor vehicle.” (DMV via Transportation Committee)

Senate Bill 111: Would double fines for electronic distracted driving in school zones and construction zones. (Witkos)

SB 471: Would require police to impound wireless communications devices for 48 hours after issuing a summons for electronic distracted driving. See SB 961, below. (Doyle)

SB 961: Would require police to impound wireless communications devices for 48 hours after issuing a summons under Connecticut’s distracted driving laws. See SB 961, above. (Judiciary Committee)

Distracted driving notes:
HB 6366 was approved, narrowly, by the Judiciary Committee on April 14. The panel decided to reword the bill so that police “may” impound repeat offenders’ drivers licenses — instead of “shall.” Rep. John W. Hetherington said the legislation that he proposed included the seizures so that, “If you violate the law, you take some risk and that might include a severe sanction.” Hetherington, R-New Canaan, is the ranking member of the committee.

Reps. William Tong and John Hetherington, who both represent New Canaan, are co-sponsors of each other’s distracted driving bills (above).

Law enforcement officers in Hartford conducted their final sweep of cell phone and texting violators, a crackdown that ran through March 4. The federal Department of Transportation funded the pilot campaign, which began in spring 2010 in Hartford and Syracuse, N.Y. In the “Phone in one hand. Ticket in the other” campaign’s three previous sweeps, 7,200 tickets were handed out in Hartford.

The town of New Canaan is fed up with distracted drivers. Local officials and police are studying the possibility of confiscating handheld cell phones from violators of the state law. Police stopped more than 150 motorists for talking on their cell phones between June and September 2010, as part of a local campaign against distracted 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. Instead of the current $100 fine (subject to forgiveness), there would be a straight $50 fine until October 2011, and then a $100 fine. Fines of $500 would apply when accidents are caused by drivers using handheld cell phones or texting devices. Set aside in favor of the similar SB 427 (above), which cleared the legislature on May 5. (“Governor’s Bill”)

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

Cell phone, text messaging news — Two distracted driving measures are advancing in the Arizona Legislature: Senate Bill 1056, which would ban texting and cell phone use by many junior drivers, was approved Jan. 26 and sent to the House. House Bill 2512, which would prohibit texting by all drivers, won the approval of the Transportation Committee on Jan. 26.

At least five distracted driving bills were filed for the 2012 legislative session. State Rep. Steve Farley is listed as sponsor of three of them. No distracted driving legislation succeeded in 2011.

The head of the Governor’s Office of Highway Safety won’t back a ban on text messaging while driving because of enforcement concerns.

“How can you prove, from outside of a vehicle, if a person is text messaging or dialing a phone number?” highway safety director Alberto Gutier asked on KTAR radio. Gutier, a Republican, also dismissed the possibility of a handheld cell phone law, saying education could solve the problem.

Current prohibitions:

• In Phoenix, drivers are prohibited from text messaging. Fines are $100 or $250 (accident).
• School bus operators may not use cell phones while driving.

Distracted driving legislation (2012):
Senate Bill 1056: Would prohibit use of wireless communications devices by drivers with learner’s permits and drivers under 18 years old who have had their class G licenses for less than six months. Fines: $75 then $100 plus restriction extensions and possible license suspension. Secondary enforcement. See HB 2331 (below). Read SB 1056 fact sheet. Approved by the Senate Public Safety and Human Services Committee in a 4-0 vote on Jan. 18. Latest legislative action: Approved by the full Senate in a 23-6-1 vote Jan. 26 and transmitted to the House. (McComish)

House Bill 2512: Would prohibit texting while driving in Arizona. Fines: $50 but $200 if driver is involved in accident. Latest legislative action: Approved by the House Transportation Committee in a 6-2 vote Jan. 26. (Urie)

HB 2311: Would prohibit use of wireless communications devices by drivers with learner’s permits as well as drivers under 18 years old who have had their class G licenses for less than six months. Fines: $75 then $100 plus restriction extensions and possible license suspension. For violations of cell phone/texting law, restrictions on offender’s license would be extended for six months or more. Secondary enforcement. (Farley, Hobbs, etc.)

HB 2312: Seeks to outlaw driving while distracted “in any manner.” Also, would require accident investigators to indicate whether distracted driving was a factor in a crash. (Farley, Tovar)

HB 2321: Would outlaw text messaging while driving in Arizona. Fines: $50 but $200 if driver is involved in accident. (Williams, Farley)

2012 distracted driving legislation notes:
Rep. Steve Farley said during debate on a texting bill Jan. 26: “The types of things you do when you are texting are horrific — whether you’re running into the sides of moving trains, which has happened, or crossing over a center line and hitting a mom head-on, leaving her kids without a mom, which happened in this state in July 2007.” Farley, D–Tucson, has submitted distracted driving legislation in at least three years.

Sen. John McComish, R-Phoenix, says his SB 1056 would be an extension of the (novice driver) class G license restrictions that he pushed through the Legislature several years ago. “It gives parents another tool so they can say, ‘Hey, the law is you can’t use your cellphone,’ ” he told the Arizona Republic in January. HB 2311 is the House version.

A highway safety group rated Arizona’s traffic laws the second worst in the country, behind South Dakota. The lack of distracted driving laws contributed to Arizona’s “red” rating from the Advocates for Highway and Auto Safety. The director of the Governor’s Office of Highway Safety said he was “questioning the whole ranking and the whole report.”

2011 distracted driving legislation notes:
As the year ended, Tucson commissioners were working toward an ordinance that would ban texting while driving. Passage is expected, but debate is expected center on the issue of primary or secondary enforcement. The draft law reportedly is based on Phoenix’s distracted driving ordinance, enacted in 2007 with primary enforcement status.

In 2011, the Arizona state Senate approved a bill that sought to ban texting. Sen. Al Melvin’s SB 1538 never advanced in the House, where it was “held” until session’s end. No other distracted driving legislation emerged from committees during the 2011 session.

Rep. Steve Farley returned in 2011 with a bill that would have banned use of handheld wireless devices by under-18-year-old drivers. He has supported distracted driving legislation since 2007, but none has become law. He discusses the bill in the video below: (text continues)

The AAA says of Farley’s SB 1538: “(We) wholeheartedly support this legislation, as it would save lives by banning the most dangerous distraction on the road.”

The Yuma Sun observed March 12: “Opponents of Sen. Al Melvin’s measure (SB 1538) point out that it does nothing to address talking on cell phones — something many consider distracting — or surfing the web, watching a movie or playing a game on a cell phone. The newer “smart” phones allow all of that to be done — yes, even while driving. … It is likely there is a lot more distracted driving involving cell phones than most of us imagine. … There are many forms of distraction and trying to address it one piece at a time — as texting laws do — makes no sense. Toughen laws against distracted driving in general.”

In the 2009 session, Melvin’s SB 1443 included a provision to ban use of handheld cell phones, but that was stripped out in order to get some kind of texting ban through. Even so, Melvin’s text messaging ban failed in 2009 and 2010.

2011 distracted driving legislation:
SB 1538: Would ban texting by all drivers. Fines: $50 or $200 if an accident results. One-year warning period. Amended by sponsor to allow for texting while halted in traffic. Marked as “do pass” by Senate Transportation Committee on March 10. Latest legislative action: Approved by the Senate in a 18-12 vote on March 15 and transmitted to the House, where it was “held” until time ran out on the session. (Melvin)

SB 1111: Seeks to outlaw use of handheld wireless devices while driving in Arizona. Fines: $100 (first offense), $250 plus community service (second) and $500 plus community service (third). Fines double if accident results. “Held” in committees. (Pierce)

HB 2426: Would prohibit drivers under the age of 18 (with Class G licenses) from cell phoning or text messaging while behind the wheel. Fine: Extension of restricted period for six months. “Held” in committee as of Feb. 10. (Farley)

2010 legislation notes:
Glendale has considered a ban on text messaging that’s modeled on the Phoenix ordinance. “This should be a statewide policy,” one councilman said. “But the Legislature has failed to do it.”

Sen. Al Melvin, R-Tucson, returned with legislation (SB 1334) 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.

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.

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)

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 OK.

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

Texting, cell phone news: Maine traffic fatalities numbered 136 in 2011, the lowest figure reported since 1959. Some of the credit went to the state’s education efforts against distracted driving and its 2011 ban on texting while behind the wheel.

Maine has become the 33rd state to ban texting while driving. The law took effect Sept. 28, 2011. Fines are at least $100.

Gov. Paul LePage signed State Sen. Bill Diamond’s bill banning the reading and writing of text messages (and email) on June 3, 2011. The sending of text messages while driving remains legal.

Final approval of the bill came in the House and Senate on May 23.

Diamond’s general distracted driving law went into effect Sept. 12, 2009. He told told the Transportation Committee on March 15, 2011: “The one thing (the 2009 law) hasn’t done, which we hoped it would, is have an impact on the texting.”

Current prohibitions:

• Text messaging prohibited for all drivers. Minimum $100 fine.
• 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.
• 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.

Distracted driving notes (2011):
Police in Berwick say the truck driver killed when he slammed into a train in July was distracted by talking on his cell phone. Peter Barnum, 35, died immediately.

LD 736 and LD 670 received a public hearing March 15 before the Transportation Committee. LD 670 sponsor Cynthia Dill, D-Cape Elizabeth, told the panel she saw no meaningful difference between using a cell phone and text messaging while driving: “In order to text, you have to turn on your phone and you press buttons. In order to use the cellular telephone, you turn it on and you press buttons.”

All Maine legislation over the years that sought to prohibit adults’ use of handheld cell phones while driving has failed to advance.

The Maine Chiefs of Police Association spoke in favor of LD 736 and LD 670 at the Transportation Committee’s hearing of March 15. The state Civil Liberties Union presented its case against the bills.

State Sen. Bill Diamond, D-Windham, and AT&T Maine exec Owen Smith wrote an Op/Ed piece carried in the Portland Press Herald that said of LD 736: “The legislation would impose a civil fine of $100 if someone is stopped by a police officer who observes a driver texting. We believe this is enough of a fine to get the attention of drivers, and to get people focused on the danger they put themselves and others in while trying to multitask behind the wheel.”

2011 distracted driving legislation:
SP 228/LD 736: Outlaws text messaging while driving in Maine. Fine no less than $100. Amended in committee to delete “sending” of texts and email as offenses. Approved by the Senate on April 14 (no roll call vote). Approved by the House in a 129-13 vote on May 19. Final non-roll call approval in the House and Senate on May 23. Latest action: Signed into law by the governor on June 3. (Diamond)

HP 500/LD 670: Would ban use of handheld electronic devices while driving. Hands-free operation OK. Fines: $50 (first offense) then $250. Latest legislative action: Killed by the Transportation Committee on April 13. (Dill)

2010 distracted driving notes:
Sen. Bill Diamond, D-Windham, said of his new text messaging legislation completed in October: “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.”

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

See what your state’s cell phone and texting laws for drivers prohibit — or are about to prohibit. The majority of U.S. states have restrictions on drivers’ use of handheld electronics, or are about to limit their use.

You are responsible for knowing the distracted driving laws while motoring in any state or municipal area.

See also: State distracted driving laws chart.

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

Interstate truck drivers and bus drivers prohibited from handheld cell phone use and text messaging, due to federal regulations that went into effect Jan. 3, 2012.

South Dakota: Cell phone laws, legislation

Cell phone/texting news: Distracted driving legislation boosters Sens. Eldon Nygaard and Craig Tieszen are meeting with similarly minded lawmakers to determine a course of action for 2012, Nygaard told HandsFreeInfo on Jan. 5.

Distracted drivers in South Dakota got the blame for 883 crashes in 2011, preliminary numbers show. Another 134 accidents were tied specifically to cell phone use.

South Dakota Democrats in the Legislature are heavily in favor of a ban on texting and driving but the majority Republicans remain mostly opposed, according to an AP survey. Both of 2011′s failed texting bills were filed by GOP senators, who plan to return with distracted driving legislation in 2012.

Current prohibitions:
No restrictions on cell phone use or text messaging.

Distracted driving notes (2012):
State Sen. Eldon Nygaard says the texting bill SB 71 failed in 2011 because of a lack of organized support in the House. “That won’t be the case this year,” said Nygaard, a co-sponsor of the texting bill.

“Perhaps we didn’t go far enough (with the texting bill),” Nygaard, R-Vermillion, told the Argus Leader. “Maybe we should talk about banning all hand-held cell phone use while driving.”

A highway safety group rated South Dakota’s traffic laws the worst in the country. The lack of distracted driving laws contributed to the state’s “red” rating from the Advocates for Highway and Auto Safety. Arizona had the second-worst rating.

2011 legislation:
Senate Bill 71: Would outlaw text messaging while driving unless a hands-free application were employed. Fines up to $500 and possibility of jail time. The Senate Judiciary Committee voted 6-1 on Feb. 8 to approve the bill and send it to the floor for a vote. Approved by the Senate in a 26-9 vote on Jan. 10 and sent to the House. Latest action: Killed March 1 by the House Local Government committee, which voted 8-5 to set aside the distracted driving legislation. (Tieszen)

SB 115: Would outlaw text messaging while driving unless a hands-free application was used. Applies to other electronic messages such as email and IMs. Sponsor had measure deferred Feb. 8 for a rewrite. Senate Judiciary Committee voted Feb. 10 to set aside the legislation. (Adelstein)

2011 distracted driving notes:
The Senate voted Feb. 10 to outlaw text messaging while driving, but three weeks later Sen. Craig Tieszen’s bill went down to defeat via a House committee. The bill called for fines up to $500 and jail time of up to 30 days.

The South Dakota House Local Government committee wasn’t swayed by testimony from (Miss South Dakota) Loren Vaillancourt and nine other people testifying in favor of Senate Bill 71, which would have banned texting while driving. House opponents cited the usual list of other distracted driving behaviors (plus “swatting a bug”) and expressed concerns over enforcement because cell phone keyboards would be used to make calls. The March 1 committee vote was 8-5.

Miss South Dakota Loren Vaillancourt testified Feb. 8 in favor of Sen. Craig Tieszen’s bill that would ban texting while driving. “I hope you understand the magnitude of this issue and the lives that could be saved if this bill is passed,” an emotional Vaillancourt told the Senate Judiciary Committee, which promptly approved the measure. Two days later, it was approved by the Senate and sent to the House. Vaillancourt lost her brother in a May 2009 crash blamed on a distracted driver.

Senate Bill 71 sponsor Rep. Tieszen, a Republican from Rapid City, is that city’s retired police chief. He chairs the Senate Judiciary Committee, which approved SB 71.

Sen. Stan Adelstein, R-Rapid City, indicated Feb. 8 that his texting and driving measure SB 115 will be rewritten as a broader distracted driving plan since SB 71 has cleared the Senate. (Adelstein)

Only a third of the majority Republican legislators back a statewide ban on text messaging while driving in South Dakota, an AP survey shows. Three-quarters of Democrats are in favor of such a law, an AP survey taken in December 2010 showed.

Several opponents of distracted driving legislation are reconsidering in 2011, a Senate sponsor says. “Texting is the proverbial lowest-hanging fruit,” Sen. Tieszen said of his distracted driving measure. “I believe it is the most dangerous of the various driving distractions.”

House Democratic Leader Bernie Hunhoff expects support to grow for a texting ban as the legislative session progresses. “(Legislators) move toward the commonsense reality that if we can save some lives with a simple law, then it probably makes sense,” he told the AP in January. About a fifth of the Republicans remained undecided, the AP’s survey showed.

The Daily Republic came out in favor of a texting and driving law: “Even if a ban averts one tragic accident, it was worth it,” the newspaper editorialized Jan. 11. “Texting while behind the wheel should be a crime.”

Miss South Dakota Loren Vaillancourt made distracted driving her “platform” (cause) for the 2011 Miss America pageant. Vaillancourt didn’t win, but drew praise from DOT chief Ray La Hood, who blogged that she “has done a terrific job raising awareness among young people in South Dakota.” She helped get a texting and driving bill through a Senate panel in February (above).

Based on its survey, the University of South Dakota Government Research Bureau says almost 92 percent of drivers in the state believe texting while behind the wheel should be banned.

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.”

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

Cell phone, texting update: : Two distracted driving bills are under consideration in the Senate: SB 242 seeks to prohibit use of handheld cell phones by all drivers in Rhode Island. SB 346 would bar drivers under the age of 21 from using handheld cell phones to make calls or text message. SB 346 won approval in the Judiciary Committee on June 14.

An unusual bill in the House would mandate that drivers caught using handheld electronic devices install a blocking device that prevents cell phone calls and text messaging.

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.

Read Rhode Island’s texting & driving statute.

2011 distracted driving legislation
Senate Bill 242: Would outlaw use of handheld cell phones by all drivers in Rhode Island. Fine: maximum of $100. A first offender can have fine suspended by showing proof of purchase of a hands-free device for the cell phone. Judiciary Committee recommended the bill be held “for further study” on May 5. (Sosnowski)

SB 346: Would prohibit drivers under the age of 21 from using handheld cell phones to talk or text message while vehicle is in motion. Fine: up to $100. First offenders’ fines suspended provided they prove they bought a hands-free accessory for the mobile phone. Approved by the Senate Judiciary Committee in a unanimous vote on June 14. (Lombardo)

HB 5870: Would prohibit the use of “wireless handsets” while driving in Rhode Island. Upon conviction, violators must install a device blocking cell phone calls and text messaging in their vehicle. Fine $85 (first offense) then $100 and then $125. Drivers ordered to block their wireless devices but do not are subject to one-year and then two-year license suspensions. Judiciary Committee recommended the bill be held “for further study” on April 4. (Lima)

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

Cell phone, text messaging news: Rep. Danny Morgan has indicated he’ll return in 2012 with another bill that would ban text messaging while driving. Morgan, D-Prague, saw his HB 1316 of 2011 go down to defeat in the House. He cites “a growing coalition of support” for a texting law. The Oklahoma Legislature reconvenes Feb. 26.

AAA correctly predicted that texting & driving legislation would fail in 2011 due to “a handful of lawmakers (who) were able to thwart legislation that 87 percent of AAA members say they want.”

Oklahoma’s inattentive driving law went into effect Nov. 1, 2010. Does not specify use of handheld cell phones or text messaging devices, but allows for penalties if their use causes an accident or leads to reckless/careless driving.

A 2010 law designed to halt use of electronic handheld devices by teen drivers with junior licenses can’t be enforced, the Department of Public Safety says. Senate Bill 1908 authorized suspension or removal of graduated licenses if a cell phone violation occurs — but there is no criminal statute against using mobile phones while driving, DPS officials say.

Current prohibitions:

• Drivers required to “devote their full time and attention to such driving.” Fines $100.
• Drivers with permits or graduated licenses (teens) face suspension or loss of license if they use a handheld electronic device to talk or to text while the car is in motion.

2011 distracted driving notes:
Tulsa has given its police authority to cite drivers for various distracted driving activities, with the focus on people texting while behind the wheel. Cell phone use is not affected unless the driver is inattentive. Fine of $150. The amendment, which took effect Dec. 3, brings the city code in line with the state’s inattentive driving law.

House Bill 1316 sponsor Rep. Danny Morgan saw his texting bill defeated on March 17 and then directed his efforts in support of SB 146, which he was shepherding in the House. He sought to add some of the language from HB 1316 to SB 146, which was approved by the Senate on March 16 and transferred to the House but left in the Judiciary Committee. Sen. Jerry Ellis, D-Valliant, created that bill.

Morgan, D-Prague, previously said he was feeling good about his legislation that would ban text messaging for all Oklahoma drivers. “There is a growing coalition of support for this legislation and I believe that we will see it pass this session,” he said at a Jan. 19 press conference detailing the distracted driving bill.

“Texting while driving is not a practice committed only by young drivers, it’s becoming a common occurrence by drivers of all ages, and needs to be nipped in the bud,” said Morgan. Supporters of Morgan’s plan include AAA Oklahoma, Farmers Insurance, the Oklahoma Safety Council, the Oklahoma Highway Safety Office, AT&T and SAFE KIDS Oklahoma State. Morgan’s bill also would ban use of cell phones by drivers under 18.

HB 1316 co-sponsor Rep. Paul Roan brings 30 years of law enforcement experience to the table: “You have different degrees of law and this will be a primary cause law,” said Roan, D-Tishomingo. “If a policeman sees you texting, that in itself is a violation. Now it is a secondary charge.”

2011 cell phone, texting legislation (dead):
House Bill 1316: Would outlaw texting and driving. Fine: $25. Drivers under 18 also prohibited from using cell phones and other wireless communications devices. Primary enforcement. Fines: $100-$500 (first violation), $100-$1,000 (second) and $100-$2,000 (all subsequent). For all repeat violations, possible community service time. For three or more violations, possible license suspension. All drivers would be barred from using a mobile phone or other electronic communication device in school zones. Fine: up to $100. Approved by the House Public Safety Committee in a 9-7 vote on March 2. Latest action: Rejected by the House in a 47-40 vote taken March 17. (Morgan)

SB 146: Would prohibit text messaging by all drivers in Oklahoma. Secondary enforcement. Fines: $175 (first offense) and then $500. Fine doubled if accident results. Approved by the Senate in a 32-9 vote on March 16 but left in House Judiciary Committee. (Ellis)

2010 legislation notes:
Gov. Brad Henry banned all state employees from text messaging while operating government vehicles. At a Capitol ceremony on Jan. 19, 2010, 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.

2010 cell phone, texting legislation:
HB 2276: Requires drivers to devote their full attention to driving. Citations of drivers using cell phones or texting must follow an accident or incident of reckless driving. Fines $100 plus court costs up to $35. House passed the bill March 3 and the Senate followed a month later. Approved by governor April 14. Latest action: Took effect Nov. 1. (Duncan, Anderson)

SB 1908: Prohibits teenage drivers (with permits or graduated licenses) from using a handheld electronic device to talk or text when the car is in motion. (Originally an electronic distracted driving bill that applied to adults as well but changed in committee.) Revocation of of learner’s permits and Intermediate Class D licenses could result after violations. Final approval of bill in the House and Senate in late May. Signed into law by the governor on June 6. Latest action: Took effect Nov. 1. See update, above. (Tibbs, Morgan, Sykes)

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. Penalties up to $1,000 (fine and court costs). Approved by the House Public Safety Commitee on Feb. 24. Approved by the full House on March 10. Sent to the Senate. (Tibbs, Morgan)

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.

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

Distracted driving update: At least six pieces of distracted driving legislation are up for consideration in the 2012 session. They include S69, which the sponsor says “would give New Jersey the toughest hands-free cell phone law violations in the nation.”

In 2011, the state Senate approved that plan (then numbered S2181) to significantly toughen New Jersey’s distracted driving law, with fines starting at $200 and increasing to $600 (plus license suspension and points). It failed to clear the House, however.

S69/S2181 sponsor Sen. Richard Codey pushed for action on his bill in both houses by citing the National Transportation Safety Board’s recent call for a total U.S. ban on cell phone use while driving. “In light of the NTSB’s recent announcement, it would only make sense that we move to get this legislation passed and signed into law,” Codey said Dec. 21.

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).

Distracted driving notes (2012):
“Enough is enough,” says Assemblyman Paul Moriarty, sponsor of a bill that would allow reckless driving prosecution of distracted driving offenders. Moriarty’s A2199 is dubbed the Kulesh, Kubert, and Bolis Law, referring to New Jersey victims of alleged distracted drivers. Moriarty’s measure also would dump the current $100 fine for a graduated penalty scale that begins at $200.

Distracted driving legislation (2012-2013):
S69: Would hike penalties for violators of state’s hands-free cell phone/texting law. Fines for first-time violators increased by $100, to $200. Second offense in 10 years would bring a $400 fine. Third and subsequent offenses within 10 years of the first would be $600 plus a 90-day license suspension and 3 points against license. Previously S2181. Read the bill as introduced Jan. 10. (Codey)

A1074: 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. aka Kulesh and Kubert’s Law. Penalties would include prison time and fines up to $150,000, similar to drunken driver punishments. Bill number A2816 in the previous session. Read the Kulesh and Kubert bill as introduced Jan. 10, 2012. (Quijano, Coutinho, etc.)

A1080: Would increase penalties for hands-free cell phone/text messaging law violations. Fines: $200 then $400 and then $600. 90-day driver’s license suspension for third and subsequent offenses and 3 points against license. Previously A3154. Read the bill as introduced Jan. 10. (Quijano, Spencer, etc.)

A1480: Would bar police from seizing cell phones without a warrant. (O’Scanlon)

A1619: For holders of commercial driver’s licenses, would increase fine for texting or using handheld cell phone to $250. Fine would remain $100 for non-commercial drivers. Previously A2437. Read the bill as introduced Jan. 10. (Bramnick, Gove)

A1628: Would make violators of the state electronic distracted driving laws guilty of reckless driving. Fine: $100 and/or imprisonment for up to 60 days. 5 points against driver’s license. Previously A4176. Read the bill as introduced Jan. 10. (Bramnick)

A2199 : Would increase fines for text messaging or using handheld cell phones to $200 (first offense) then $400 and then $600. For more than two violations, 3 points against driver’s license and possible 90-day license suspension. Also clears way for reckless driving prosecution for violators of handheld cell phone law. Aka Kulesh, Kubert, and Bolis Law. Read the bill as introduced Feb. 3. (Moriarty)

A2355/S1179: Would bar drivers of boats from texting and using of cell phones.

2011 distracted driving notes:
SB 2181 sponsor Sen. Richard Codey, D-Essex, has waited a year for further meaningful activity on his legislation, which cleared the Senate in December 2010: “I hope that the Assembly can move on this bill before the current Legislative session is over and that Gov. Christie will sign it as soon as it lands on his desk. … Any further delay will only cause more risk for people on the road,” Codey said shortly after the NTSB recommended a total ban on cell phones and driving in the U.S. The year ended without further activity and the bill was renamed S69 for 2012-13.

Codey said in March 2011: “While New Jersey has appropriately tough laws on the books regarding drinking while driving, the penalties for texting while driving are a mere slap on the wrist.” Codey authored the 2007 legislation that upgraded New Jersey’s handheld cell phone ban to primary enforcement.

New Jersey drivers can’t be cited for having their hands on cell phones, an appellate court ruled. The judges overturned a ruling in Superior Court that said, essentially, that the pushing of buttons wasn’t necessary to operate a cell phone in hands-free mode. The appellate court judges noted that drivers need to punch in phone numbers (or a speed-dial number) in order to initiate a call. The case began after a Tenafly police officer cited a motorist for “pushing buttons” on his cell phone.

Assemblyman Patrick Diegnan saw his A407 signed into law by the governor in late January. It bars train operators and bus drivers from using wireless electronic communications devices.“Hopefully this (enactment will) send a strong message that public safety always supersedes any need to send a text message,” said Diegnan, D-Middlesex. “A text message can wait. Public transportation safety cannot.”

The bills seeking to establish the “Kulesh and Kubert’s Law” (S1950, A2816) were introduced on May 20, 2010, but have not advanced as of February 2011. A tentative hearing has been set before the Assembly’s Law and Public Safety committee on March 3. Assemblyman Gordon Johnson, the committee’s chairman, supports the legislation.

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, allegedly while texting and driving with his elbows. Sen. Raymond Lesniak is the Senate sponsor; Reps. Annette Quijano and Albert Coutinho are the House sponsors.

The Assembly is considering a bill (AB 3312) that would prohibit boat drivers from texting or using cell phones (handheld or hands-free) while on the water.

New Jersey officials suspect distracted driving is partly responsible for an 18 percent increase in collision fatalities in 2011′s first quarter.

State Police say that 24 people were killed in accidents blamed on cell phone-related crashes between 2006 and 2009 and 3,076 others were injured.

2010-2011 legislation:
S2181: Provides for graduated penalties for violators of state’s hands-free cell phone/texting law. (As amended 9/13) fines for first-time violators would be increased by $100, to $200. Second offense in 10 years would bring a $400 fine. Third and subsequent offenses within 10 years of the first would be $600 plus a 90-day license suspension. Approved (4-1) by the Senate Law and Public Safety Committee on Sept. 13, 2010, and then by the Senate Budget and Appropriations Committee (7-4) on Nov. 15, 2010. The plan to establish graduated penalties for distracted driving was approved by the full Senate in a 30-7 vote on Dec. 20, 2010. Latest action: Approved by the Assembly Law and Public Safety Committee in an 8-0 vote on March 7. Sent to the budget committee. Companion to A3154, below. (Codey and Girgenti).

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 Senate (38-0 vote) on Oct. 18. Approved by the Assembly (74-0-1) on Dec. 13. Latest action: Signed into law by Gov. Chris Christie on or about Jan. 26, 2011. (Companion bill S732) (Diegnan)

A2331: Would prohibit driving instructors from using cell phones (handheld and hands-free) as well as other handheld wireless communications devices. Formerly A2737. Fines: $25 (first) then $50. (Rumpf)

A2816: 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. aka Kulesh and Kubert’s Law. Penalties would include prison time and fines up to $150,000, similar to drunken driver punishments. The Assembly Law and Public Safety Committee reported favorably on the bill May 19, 2011. Companion bill to S2181, below. (Quijano)

A3154: Seeks tougher graduated penalties for violators of state’s hands-free cell phone/text messaging law. Fines: $200 (first offense), then $400 and then $600 (fines increased via amendment). 90-day driver’s license suspension for third and subsequent offenses. Amended by Assembly Law and Public Safety Committee March 7 and referred to Assembly Appropriations Committee. Companion bill to S2181, which also has been amended to the higher fines shown above. (Quijano)

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. aka Kulesh and Kubert’s Law. Penalties would include prison time and fines up to $150,000, similar to drunken driver punishments. Senate Law and Public Safety Committee voted in favor of bill (4-0) on May 26, 2011. Identical to A2816. (Lesniak)

S1429: Exempts from any distracted driving laws the use of citizen’s band and two-way radios by operators of commercial motor vehicles. A2542 in House. Formerly S2243. Approved by the governor and now law. (Madden)

S732: Transit driver bill substituted by A407, above. (Sacco)

Use the following link to search for full reports on New Jersey distracted driving bills. (State’s web site does not allow direct links to bills.)

2010 distracted driving notes:
Sen. RIchard Codey sponsored S2181, which toughens penalties for cell phone use. “It is time to take serious action against those who would put themselves and the public at risk,” Codey said upon the bill’s passage in the Senate on Dec. 20. “Texting while driving is a lethal, dangerous activity that goes about essentially unpunished in New Jersey.”

New Jersey law agencies are writing about 10,000 tickets a month for driving and using handheld cell phones, or for driving and text messaging. A407, which restricts public transit drivers from text messaging, is a repeat of last session’s A3358. Approval in both houses was unanimous.

More SB 2181: Sen. Codey told a Senate panel: “Despite public outreach, despite the dangers, despite police crackdowns, we still see drivers on our roads ignoring common sense and violating the state’s hands-free cell phone law.” The committee agreed, advancing his bill in a 4-1 vote on Sept. 13.

The Division of Highway Traffic Safety said about 225,000 tickets were issued in the two-year period after New Jersey’s handheld cell phone law went into effect in March 2008. About 3,600 accidents were linked to handheld cell phone use in that period. Between 2006 and 2008, 5,500 phone-related accidents were reported.

In 2009, accidents linked to handheld cell phone use by drivers numbered 1,789. Six people died in those crashes, 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

Distracted driving updates:Distracted driving is a factor in one out of four vehicle crashes in Minnesota, State Police say. In 2010, there were 411 traffic deaths overall, the lowest number since the 1940s.

No distracted driving legislation found success in 2011 or 2010. A texting ban became law in 2008, but State Police complain it is “a very difficult law to enforce.”

The Legislature returns Jan. 24, 2012.

Current prohibitions:

• Text messaging and Internet use outlawed for all drivers.
• Drivers under the age of 18 with learner’s permits or intermediate licenses are prohibited from using cell phones while driving.

2011 distracted driving legislation:
Senate Bill 18: Would ban use of cell phones by all drivers on Minnesota roads and highways. No exception for hands-free operation. (Wigel)
House Bill 85: Mandates a one-year license suspension for drivers who cause a death by operating a vehicle “carelessly or heedlessly in disregard of the rights or safety of others.” (Murrow)

HB 68: Adds “careless driving resulting in death” section to statutes as a gross midemeanor. Approved by the House Public Safety committee on Jan. 31. (Garofalo)

Distracted driving notes:
State Rep. Frank Hornstein, D-Minneapolis, says a bill is being crafted for 2011 that would toughen the state’s distracted driving law. Minnesota was the third state to approve a ban on text messaging and driving. That law went into effect Aug. 1, 2008. A violation is a petty misdemeanor.

Sen. Amy Klobuchar of Minnesota spoke at the Second Distracted Driving Summit in September, noting “no text message is worth dying for.” Klobuchar is a cosponsor of the Distracted Driving Prevention Act and supports the ALERT Drivers Act, both of which push states to adopt traffic laws against text messaging and handheld cell phone use.

A new state group called Pay Attention and Drive is collecting stories from survivors of distracted driving accidents.

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. Distracted driving contributes to one in four accidents statewide, resulting in about 70 deaths a year, the department reports.

The Department of Public Safety reported that 930 citations have been written statewide since the August 2008 enactment of the Minnesota text messaging and driving ban (period ending July 2010). In 2009, only 390 tickets were handed out.

Minnesota police conducted a statewide distracted driving crackdown for the second anniversary of the texting and driving ban’s enactment on Aug. 5, 2010. In September, Ramsey County (St. Paul) conducted a text messaging sweep.

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.”

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) ran a competition in which teenagers made television PSAs that educate viewers about the dangers of texting while driving. The winning entry was titled “Moms, Alcohol and Texting.”

2010 legislation (dead):
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)

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