North Carolina: Cell phone laws, legislation

Cell phone, texting legislation news: No distracted driving legislation succeeded during 2011 and none appears pending in 2012. House Bill 44, which would have banned use of handheld cell phones by all drivers, was pulled from consideration last year by its sponsor following a negative reception in a subcommittee.

The General Assembly was considering a trio of distracted driving laws in 2011 that would extend the existing cell phone restrictions on teenage drivers to adults. Two would have banned use of handheld cell phones and one would have allowed use of hands-free devices. The state already prohibits all text messaging by drivers.

Drivers in Guilford, Wake and Mecklenburg counties commit the most distracted driving offenses, troopers reported.

Current prohibitions:

• Text messaging prohibited for all drivers. Also outlawed: Email and Internet use.
• Drivers under the age of 18 with provisional licenses are prohibited from using cell phones while driving, unless calling parents.
• School bus operators prohibited from using cell phones while driving.

Distracted driving news (2012):
The state Highway Patrol’s distracted driving campaign was targeting Interstate 95 on Feb. 1 and 2. Also set for extra enforcement were I-85 and I-40. Affected counties included Johnston and Durham.

2011 distracted driving notes:
Chapel Hill’s Town Council voted to draw up an ordinance that would ban cell phone use by all drivers in city limits. No state law prohibits adult drivers from talking on cell phones. “I think it’s an important way to spur the state legislature to do something about this,” one councilman said. The Sept. 12 vote was 6-2 in favor of creating a proposed ordinance for the council’s approval.

Looks like state Senate President Pro Tem Phil Berger put the dagger in the cell phone ban proposed by Rep. Garland Pierce, D-Scotland, “The handwriting (was) on the wall” after Berger made negative comments about such a law, Pierce said in early July. House Speaker Thom Tillis was an active supporter of HB 44. Pierce is the author of North Carolina’s texting law.

Paul Woolverton of the Fayetteville Observer clarified some dynamics of the Pierce legislation failure for HandsFreeInfo.com: “Rep. Pierce pulled the bill because he had informally polled legislators in the committee and discovered he didn’t have enough support for it to pass. Lawmakers often do this in order to avoid the embarrassment of a defeat and also to keep a bill alive (albiet on life support) for possible consideration later. If your bill is defeated by a vote in committee, it is much harder to bring it back to life. Ultimately, the bill did not make it past the House and Senate “crossover deadline,” so it will be hard for it to be considered again in the 2011-12 biennium (though there are ways to get around the rules and deadlines).” Thanks, Paul.

In an editorial titled: “Cellphone bill alive, barely,” the News & Record expressed serious doubts that Rep. Pierce’s cell phone legislation will become law: “Similar legislation has been floated unsuccessfully since 2005 and this bill faces the same bleak future,” the Greensboro newspaper wrote April 1. “Driver inattention has no age limits,” the paper said in support of extending the current ban on teenage use of handheld cell phones to adults.

Most of the drivers cited under North Carolina’s texting ban are over the age of 25, the Associated Press reports. One offender was 67 years old.

More than 1,200 drivers have been ticketed for text messaging since North Carolina’s ban went into effect in December 2009, according to a January 2011 AP report.

2010 legislative session notes:
Over the past four years, almost 5,000 crashes in North Carolina were blamed on distracted driving.

North Carolina residents are overwhelmingly in favor of adopting a ban on cell phone use while driving, according to a statewide poll sponsored by the Charlotte Observer. Almost half of the poll respondents (47%) supported a total ban on cell phone use, while 40 percent wanted a ban on handheld cell phones that exempts users of hands-free attachments. The numbers are similar to those found in a 2009 poll (below).

AAA says almost 40 percent of N.C. drivers admit to texting while behind the wheel.

2011-12 distracted driving legislation (dead):
House Bill 44: Would ban use of handheld cell phones by all drivers. Hands-free OK. Includes related devices. Withdrawn by sponsor after a poor reception in the Commerce and Job Development Subcommittee on Science and Technology. (Pierce)

HB 31: Would ban use of cell phones by all drivers. No hands-free exemption. Cites “cameras, music, the Internet and games.” Fine: $100. Infraction with no points but violations by school bus drivers would be Class 2 misdemeanors. Withdrawn by sponsor early in the session. (Pierce)

Senate Bill 36: Seeks to outlaw use of cell phones (hands-free included) and related devices by all drivers. Similar to HB 31, above. (Dannelly)

2009 cell phone legislation:
HB 9: Prohibits all drivers from text messaging and emailing. Ratified and sent to Gov. Beverly Perdue, who signed the texting ban on June 19. The law calls for a $100 fine plus court costs, but no points for the infractions. Violations by school bus drivers will be treated as misdemeanors with fines “no less than” $100. The law went into effect Dec. 1. (Same as SB 96)

SB 22: Would prohibit use of cell phones while driving unless a hands-free device is employed. Approved by the Senate Judiciary II Committee on March 31 and sent to the appropriations committee.

SB 12: Would prohibit use of cell phones while driving unless a hands-free device is employed. Bill withheld by sponsor was expected to return before the May 14 cutoff date for new laws.

SB 19: Would ban text messaging for all drivers. Held.

HB 68: Seeks to outlaw use of electronic devices while driving. Allows for hands-free cell phone operation. Poor reception in the House Transportation Committee on March 31; sent to subcommittee for “further study.” (Cole)

HB 1320: Would add mobile phone use as an “aggravating factor” in traffic violations. Additional fine of $100. (Starnes)

Legislation notes:
The 2010 “short session” of the 2009 General Assembly begins May 12, 2010. Not all 2009 bills eligible for consideration in this session.

The bill that banned text messaging while driving on North Carolina roads (H9) was OK’d by the House on April 16, in a 104-5 vote. Previously approved by the House Judiciary Committee (April 14) and the House Ways and Means and Broadband Connectivity Committee (April 1). Sent to the Senate (April 16) and approved there on a 30-18 vote (June 9). Signed by Gov. Bev Perdue (June 19).

Rep. Nelson Cole of Reidsville, sponsor of the cell phone legislation HB 68, said of dubious committee members: “At some point in time, when one of them gets hit by somebody, then they’ll understand.” Cole told the Fayetteville Observer that he asked for the cell phone legislation to be sent to subcommittee and wasn’t worried about the move.

AT&T, AAA Carolinas and North Carolina’s insurance commissioner Wayne Goodwin held a press conference in support of the anti-text-messaging legislation HB 9 on Feb. 10.

About two-thirds of North Carolina adults approve of bans on use of cell phones while driving, according to a study done by Elon University. More than half of those polled said they talked on mobile phones while operating motor vehicles. The poll of 758 people was conducted in late February 2009.

The Senate Commerce Committee gave a “lukewarm” reception to Sen. Charlie Dannelly’s S 12 cell phone legislation on Feb. 17, the AP reported. The committee reduced the bill’s penalty from $100 to $25 and deleted the obligation to pay court costs. The bill then was withdrawn, but Dannelly says he’ll revive the cell phone legislation in early May.

Dannelly told the Fayetteville Observer: “I want to get notable organizations and people who know what they’re talking about to persuade some of my fellow senators that it’s not a good thing to multitask” while behind the wheel.

Rep. Garland Pierce, author of HB 9, did a Q&A interview on the North Carolina texting legislation. Of the persistent arguments that the laws are difficult to enforce, he said: “I feel that’s true. But the point we were trying to make: If law-abiding citizens understand the importance of having safe highways, we would hope that they would respect the law and do the right thing.”

HB 9 co-sponsor Rep. Carolyn Justice, R-Pender, expected the legislation would pass. She called the North Carolina texting ban a “no brainer.” “How can you look down at something to write something and drive?” she said.

The News and Record editorialized that enforcing a North Carolina ban on text messaging while driving “would be next to impossible.” The paper cites text messaging as a danger, but, in an unusual argument, notes that texting “in standstill traffic would be harmless.”

Rep. Davis Lewis said North Carolina text messaging legislation “is ridiculous because it cannot be enforced.”

Cell phone driving bills that died during the 2007-08 session: SB 1139 and HB 527: Would have prohibited drivers’ use of mobile phones without hands-free devices.

The ban on cell phone use by school bus drivers was approved and signed by the governor in July 2007.

In 2007, the Highway Patrol wrote only 35 tickets for cell phone infractions, MSN Money reported.

Teen drivers can see their progress toward a full license delayed by six months … if a ticket were actually issued. A 2008 study by the nonprofit Insurance Institute for Highway Safety found that North Carolina students were largely ignoring the law.

North Carolina is another state distracted by false email claims that new cell phones laws are in effect for all drivers. Florida cell phones drivers, as well as those in Texas, were confused by similar hoaxes.

David Kaber, an associate professor of engineering at North Carolina State University, studied the use of cell phones with “adaptive” cruise control — which automatically keeps a safe distance from vehicles ahead.

“The important thing is cell phone use negatively impacts situational awareness, and situational awareness has been linked to effective decision-making and performance,” Kaber said. “People may say ‘I’m using my cell phone, and I can brake in time’ or ‘I can keep my car in the lane’ or ‘I can maintain my speed,’ but the problem is that it is having an impact on their attentional resources. It compromises their overall awareness of the driving environment, and when a critical condition develops, they may not be prepared to deal with it.”

Other NC State researchers looked at cell-phoning drivers’ attitudes toward legislation. They found that most of the cell phone users felt they were better able to handle driving and phoning than other drivers.

“Cell phone users believe that they are better than other people in using their cell phone safely while driving,” said Michael Wogalter, a psychology professor. “They believe that other drivers are more dangerous using a cell phone than themselves.”

Maryland: Cell phone laws, legislation

The loophole in Maryland’s texting law that allowed “reading” of messages while driving as well as texting while at stoplights has been closed. The revised distracted driving law took effect Oct. 1, 2011,

Maryland Gov. Martin O’Malley signed the legislation closing the loophole, to no one’s surprise as he’s a supporter of laws that fight distracted driving.

Senate committees rejected two House bills in early April 2011, including a plan to upgrade distracted driving enforcement to “primary status.”

Current prohibitions:

• Text messaging is prohibited for all drivers.
• Handheld cell phone use banned for all drivers. Fines between $40 and $100.
• Drivers under the age of 18 and drivers with learner’s permits or intermediate licenses are prohibited from using cell phones.

Read the Maryland statutes: Text messaging | Handheld cell phones | Under 18

2011 distracted driving legislation:
SB 424: Updates current ban on text messaging to include prohibition against “reading” messages (as well as writing and sending). Removes current law’s language that allows texting while vehicle is stopped in traffic. Similar to HB 196. Approved by the Senate in a 35-11 vote on March 7. OK’d by the House in a 114-24 vote on March 31. Latest action: Signed into law by the governor on May 19. Goes into effect Oct. 1, 2011. (Brochin)

HN 196: Updates current ban on text messaging to close several loopholes: Includes prohibition against “reading” messages (as well as writing and sending); adds “electronic message” (email, IMs, etc.) to the texting ban; and changes the provision that an offender’s vehicle must be “in motion” to specify “in the travel portion of the roadway.” Approved by the Environment Matters committee on Feb. 27. Approved by the full House on March 3 in a 115-23 vote. Latest action: OK’d by the Senate in a 36-10 vote on March 31. (Malone)

HB 221: Specifies that current ban on teenage drivers’ use of wireless communications devices does not apply to use of device as a text messaging device (purpose unclear). Adds “electronic messages” to overall ban on texting. Approved by the House in a 122-13 vote taken March 21.Latest action: Received an “unfavorable report” from the Senate’s Judicial Proceedings Committee on April 7. (Malone)

HB 222: Removes secondary enforcement status tag to distracted driving legislation; specifies bans apply to “the travel portion of the roadway,” not just while in motion. Approved by the House in a 92-39 vote on March 10. Sent to the Senate, where it was rejected by the Judiciary Committee (“unfavorable report”) on April 1. (Malone)

Distracted driving notes (2011):
Delegate Michael Smigiel blasted the state’s texting and driving law during debate over the (successful) bill that closed two of its loopholes: “This is a nanny-state bill. This is an infringement on your liberties,” said Smigiel, R-Cecil.

Closing the texting law’s loopholes “just takes the guessing work away from police officers,” said SB 424 sponsor Sen. James Brochin, D-Baltimore County. The governor signed Brochin’s legislation on May 17, after it registered strong support in the legislature.

Talbot County Sheriff Dallas Pope said of HB 222′s rejection in the Senate: “Unfortunately, another year will pass with the chance of more lives being lost before we can address this once again. … They missed an opportunity to reduce the number of injuries and accidents caused by distracted drivers.” Pope is member of the Maryland Sheriffs Legislative Committee.

The Senate’s final approval of SB 424 came as a result of “one more year of legislators on the road and seeing someone who was not paying attention cause a near accident,” sponsor Sen. James Brochin said after the March 7 vote.

Just before the Senate gave initial approval to SB 424, Sen. Allan Kittleman attempted several amendments meant to make his point that distracted driving covers too many behaviors to legislate. One amendment sought to ban the reading of newspapers while driving, and the other proposed a ban on eating and drinking while driving. Those and other amendments were rejected before the emphatic March 3 vote in favor of closing the loophole in the state’s texting & driving law.

“This law goes to the core of the state invading the car,” Sen. E.J. Pipkin, R-Eastern Shore, said of SB 424. Another opponent, Sen. Edward Reilly, R-Anne Arundel County, said the bill gave police another tool with which to practice racial profiling.

Del. Jim Malone, D-Catonsville, is a longtime volunteer firefighter who often witnesses the effects of careless driving on bodies and property. He’s sponsoring three bills that would among other things make text messaging and use of handheld wireless devices a primary offense.

Distracted driving notes (pre-2011):
Maryland’s 2009 law outlawed the writing of text messages while driving, but not the reading of text messages. 2010 legislation that would close this loophole died on the last day of the session even though it was passed by the House and Senate. (It was revived for 2011).

Maryland’s law against text messaging and driving went into effect Oct. 1, 2009. Fines up to $500. Enforcement is “primary,” meaning police can pull over drivers for that reason alone. In the first year, police wrote more than 200 citations for texting.

Maryland retailers are enjoying a boom in hands-free devices for cell phones as the ban on using handheld mobile phones while driving has taken effect.

2010 legislation:
SB 321: Bans use of handheld cell phones while vehicle is in motion. Prohibits use of cell phones by school bus drivers and those with learner’s permits. Secondary enforcement. $40 fine (first offense), then $100. (Original bill’s fines were $100/$250). Known as the Delegate John Arnick Electronic Communications Traffic Safety Act. Approved by the Judicial Proceedings Committee on March 15 and then in amended form by the Maryland Senate (24-23 vote) on March 24. Sent to the House, where it won approval from the House Environmental Matters Committee on April 7. Approved by the House on April 9 (125-14 vote) and sent to Gov. Martin O’Malley, who signed it into law May 20. It goes into effect Oct. 1, 2010. (Stone)

HB 192: Prohibits reading of text messages while driving on Maryland’s roads and highways. Seeks to close loophole in 2009 texting law. Fine of up to $500. Approved by the House (135-2, March 11). The Senate voted for the bill on April 12 but sought to water down the texting law to apply only to vehicles that are in motion. This last-minute move put the bill back into play as the session ended. Dead for the year. (Malone)

HB 934: Would prohibit all drivers from use of handheld cell phones. Fine could be waived if driver shows proof of buying hands-free equipment. Also seeks to ban drivers over the age of 18 with learner’s permits or intermediate licenses from using all cell phones. Would prohibit cell phone use by school bus drivers. Primary enforcement. Fine $50 (first offense)/$100. No points on first offense unless an accident results. Calls for drivers-license test questions about wireless communications devices. (McIntosh)

SB 19: Similar to HB 934 (above). Primary enforcement. Voted down in the Judicial Proceedings Committee on March 15. (Lenett)

HB 385: Would outlaw a variety of wireless communications-related activities for drivers of motor vehicles, subway trains and light rail vehicles. Cites text messaging, web surfing, video games, video viewing. (Ali)

HB 299: A general distracted-driving bill that calls for secondary enforcement, meaning a violator cannot be pulled over for this reason alone. Appears identical to HB 236. (Malone)

SB 294: Same as HB 299 (above). Cross-filed. Rejected by the Judicial Proceedings Committee on March 15. (Glassman)

HB 190: Would outlaw video display screens that are visible to the driver. Allows for video equipment that is used as envisioned by the vehicle manufacturer. (Malone)

SB 322: Seeks to ban video display screens (such as TVs) that are visible to the driver. Same as HB 190 (above). Cross-filed. Approved by the Judicial Proceedings Committee on March 15. (Stone)

2010 legislation notes:
The successful handheld cell phone ban SB 321 was aliased as the Delegate John Arnick Electronic Communications Traffic Safety Act, in memory of the late lawmaker who started pushing for cell phone driving regulation back in 1999. His friend Sen. Norman R. Stone Jr., D-Dundalk, is the sponsor.

The parents of a Harford County girl whose death was blamed on a texting trucker attended the cell phone legislation signing and took home the pen used by the governor to enact it into law.

Jennifer Smith, founding director of the survivors group Focus Driven, attended a Senate panel session on distracted driving Feb. 17. She asked lawmakers if “anyone’s life (is) worth a few minutes on the phone?” She lost her mother to a cell phoning driver.

The 2010 session ended April 12 without closing the loophole in Maryland’s texting ban.

2009 legislation:
SB 98: Prohibits text messaging while driving on Maryland’s roads and highways. Given final approval by the full Senate and amended by the House to exempt reading of text messages. Sent to Gov. Martin O’Malley, who signed it April 7. Took effect Oct. 1.

HB 72: Would prohibit text messaging while driving. Approved by the House on a 133-2 vote and sent to the Senate on March 28, 2009. (See above)

SB 143: Prohibits drivers from using cell phones and other wireless communications devices with their hands. Would ban school bus drivers from using wireless devices. Would prohibit drivers with learner’s permits or intermediate licenses from using wireless devices. Appears dead in the Senate Judicial Proceedings Committee, with an “unfavorable ruling” of March 10, 2009.

SB 103: Same as SB 143 but apparently limited to handheld cell phones. “Unfavorable ruling” from Judicial Committee on March 10, 2009.

HB 323: Would outlaw drivers’ use of wireless devices for texting. Given “unfavorable report” in the Environmental Matters Committee.

Legislation notes:
No mystery: Gov. Martin O’Malley had indicated that he’d sign legislation banning text messaging while driving when it emerges from the Maryland House of Delegates.

SB 98, the successful text-messaging bill, faced Republican resistance over its maximum $500 penalty, but an amendment that would have removed the fine was rejected in the Senate by a 16-31 vote. Also rejected was an attempt to require police to pull over drivers for another offense before citing for text messaging. The texting legislation received preliminary approval from the Senate on March 13 and then full Senate approval on March 17. The final Senate vote on the text-messaging bill was 43-4.

The sponsor is Sen. Norman Stone, D-Baltimore County. During the Senate debate, he said of text messaging and driving: “We’re trying to prevent accidents. We’re trying to prevent injuries. We’re trying to prevent deaths. There’s no question that this is a dangerous, dangerous practice.”

“This was the very least we could do to advance public safety,” said SB 98 co-sponsor Sen. Jamie Raskin, D-Takoma Park, who also supports a ban on use of handheld cell phones while driving. “We didn’t get to the end zone, but we’ve moved the ball to the 50-yard line.”

SB 98, the texting legislation, is called the Delegate John Arnick Electronic Communications Traffic Safety Act. Arnick tried for eight years to get cell phone safety legislation through the Maryland General Assembly. He died in 2006.

Ragina Averella of AAA Mid-Atlantic on text messaging and driving: “Although there are numerous distractions facing motorists, this is an extreme distraction and one which poses increased safety risks by the very nature of the activity.”

Sen. Michael G. Lenett, D-Montgomery, sponsor of SB 143, says Gov. Martin O’Malley has vowed to sign the bill. “We are only fighting legislators at this point,” Lenett told the Baltimore Sun. Lenett’s has been backed by the Maryland State Police and the highway safety unit of the Maryland Department of Transportation. The bill appears dead for the 2009 session.

The Baltimore Sun has endorsed a ban on text messaging while driving.

Gov. Martin O’Malley has used his executive powers to ban use of handheld cell phones by Maryland state employees driving Maryland’s vehicles.

After a hearing in which legislators heard from a man whose daughter was killed in a texting-related crash, Sen. Brian E. Frosh, chairman of the Judicial Proceedings Committee, said: “If we can’t get a strong cell phone bill, then maybe we can get a strong texting-while-driving prohibition.”

During the 2008 session, Sen. Lenett, who had been pushing for limits on drivers’ use of cell phones and texting devices, pushed SB 2 through the full Senate in March, the first time a hand-held proposal was approved by a legislative body in Maryland. It was killed March 27 in a close vote in the state’s House Environmental Matters Committee committee.

“No one has convinced me that cellphones are as dangerous as people say,” a delegate who voted against the handheld phone ban said. Another opponent said, “We’re lacking data.”

“Very disappointing (but) we made more progress this year with this legislation than has ever been made before,” said Lenett, who’ll be reviving the cell phone driving proposal for ’09.

SB 461, which would have made the cell phone limits on teens a primary offense, also was rejected in March 2008.

Maryland’s Legislature has been debating cell phone driving bills since 1999.

Alaska: Cell phone laws, legislation

Cell phone/text messaging update: State Reps. Les Gara and Bill Thomas have prefiled bipartisan legislation that would remove any doubt that texting and driving is illegal in Alaska.

The ambiguous wording of Alaska’s 2008 prohibition on texting & driving came back to haunt legislators when a judge ruled that the state needed to be more precise with the distracted driving law. The magistrate noted correctly that its wording never actually refers to “text messaging.” (Read the Alaska texting law story.)

House Bill 55′s full title is “An Act prohibiting the driver of a motor vehicle from reading or typing a text message or other nonvoice message or communication on a cellular telephone, computer, or personal data assistant while driving a motor vehicle.” It was prefiled Jan. 6 and more sponsors are expected.

At least four bills related to driving while using cell phones in Alaska are up for consideration in the 2011-2012 legislative season, but none appears headed for success.

The strongest piece of existing legislation appears to be HB 22 from Rep. Cathy Muñoz, a handheld cell phone ban that called for primary enforcement. HB 22 was advanced by the House Transportation Committee on March 8 but that was the extent of its progress.

Current prohibitions:

• Drivers are prohibited from text-messaging or watching videos.

2011-2012 legislation notes:
Anchorage’s chief of police says he’s “the poster child” for distracted driving after he hit another vehicle from behind while fooling with his cell phone. The fender bender occurred at a light as it changed from red to green. No ticket resulted, but the city manager reportedly reprimanded top cop Mark Mew.

HB 35 sponsor Rep. Mike Doogan said: “This type of bill (cell phone) is going to be a tough bill to get passed in any form. People are just reluctant to pass legislation that actually affects real people on the ground. He was right. No distracted driving legislation advanced.

Doogan, D-Anchorage, told the Juneau Empire that the handheld cell phone legislation HB 22 from Rep. Cathy Muñoz, R-Juneau, had a better chance of passage than his measure because she is in the majority party. Rep. Max Gruenberg, D-Anchorage, agrees and says he won’t pursue his own HN 68 in favor of the Muñoz plan.

A Department Of Public Safety rep says only a few citations have been written under the Alaska law that bans text messaging.

2011-2012 legislation:
House Bill 255: Would prohibit all drivers from reading or typing a text message. Legislation comes in response to court rulings against existing law, whose wording does not specify text messaging as a prohibited activity for drivers. See above. (Gara, Thomas)

House Bill 22: Would ban handheld cell phone use by drivers in Alaska. Hands-free operation OK. Primary enforcement, meaning law officers do not need another reason to halt drivers. Cleared the House Transportation Committee on March 8. (Muñoz)

HB 35: Seeks to outlaw drivers’ use of cell phones regardless of whether a hands-free attachment was employed. Only exception is for emergencies. Primary enforcement. (Doogan)

HB 68: Would bar drivers from using handheld cell phones in Alaska. Sponsor says he won’t push for this bill and instead backs HB 22, above. (Gruenberg)

HB 128: Would prohibit cell phone use by drivers under the age of 18. Secondary enforcement. (Gardner)

2010 legislation notes:
Alaska’s 2010 legislative session concluded April 18 without taking action on the proposed cell phone law.

The head of the House Judiciary Committee sought to water down Rep. Mike Doogan’s HB 257, the cell phone legislation. Rep. Jay Ramras, R-Fairbanks, told the Anchorage Daily News that in order to clear his panel, the bill authored by Doogan, D-Anchorage, would have to change its goal from primary enforcement to secondary enforcement. “I don’t think law enforcement needs more reasons to pull people over,” Ramras said. (Primary enforcement means an officer can stop a motorist for that violation alone.)

Rep. Berta Gardner, D-Anchorage, says of her HB 15: “For all intents and purposes, the bill is dead.” The measure has been stuck in the House Finance Committee for almost a year.

2010 legislation (dead):
Alaska House Bill 257: Would outlaw all uses of cellular phones while driving. Does not permit cell phone use if a hands-free device is attached. Primary enforcement. Fines up to $300 plus points. Stalled out in Judiciary Committee. (Doogan)

HB 15 (from 2009): Would prohibit the use of cell phones by drivers under the age of 18. Secondary enforcement. Fines up to $300. Filed in 2009. As of February 2010, the bill was technically alive but not scheduled for a hearing. Did not emerge from the Finance Committee, where it apparently died. (Gardner)

2009 legislation:
See HB 15, above.

2009 legislation notes:
Alaska’s fiercely individualistic nature could make cell-phone driving laws a long shot. Even State Rep. Max Gruenberg, co-author of texting/video legislation, says he doesn’t think Alaska is ready for a hands-free law.

The proposed cell phone ban on teenagers would be a secondary offense, meaning law officers would need another reason to pull over drivers under 18 using cell phones. The sponsors are Reps. Berta Gardner and Chris Tuck, both D-Anchorage.

Alaska’s texting law took effect Sept. 1, 2008. Its prohibitions include drivers’ use of televisions, monitors and portable computers, as well as installation of video screens within the sight of the driver. Six months later, State Troopers reported that only three motorists had been cited for the offense of text messaging while driving in Alaska. The law agency was investing in an ad campaign to warn of the dangers of texting while behind the wheel.

The texting/portable video law was inspired by a 2002 crash in which an Anchorage couple died. A man was accused of watching the movie “Road Trip” when he hit the couple, but he was acquitted of second-degree murder charges.

Anchorage activist Jennie Morris’ next project could be cell phone use while driving, inspired by an accident in which she was hit by a 19-year-old on a cell phone.

“The question is whether any state or local lawmakers would want to champion that potentially unpopular cause,” a post on the Anchorage Daily News site noted.

Based on reader comments, though, it looks like the Alaska cell-phone debate has begun.

Alabama: Cell phone laws, legislation

Driver safety legislation news: State Rep. Jim McClendon, R-Springville, returns to the distracted driving fray in 2012 with House Bill 2, which would prohibit drivers from text messaging. It appears identical to McClendon’s HB 102 of 2011. His texting bills of 2011 and 2012 both found success in the House but died in the Senate.

Senate Majority Leader Jabo Waggoner reportedly plans to introduce the Senate companion bill to HB 2.

Current prohibitions:

• Drivers under 18 with restricted licenses (GDL) barred from using cell phones and text messaging.

2012 distracted driving notes:
“This is something the people want,” Rep. Jim McClendon says of his plan to ban texting & driving. He points to state Republican party polling that shows 91 percent of people in Alabama support a texting ban. “That’s every race, every age,” he told the Anniston Star. “You’re really hard-pressed to get 90 percent of Alabamians to agree on anything.” McClendon has seen his distracted driving legislation rejected or ignored at least six times.

Sen. Jabo Waggoner, R-Vestavia Hills, expects a positive reaction to HB 2 or his Senate version of it. “The stock has gone up on that (texting) bill,” the Senate majority leader told the Birmingham News. It “will be given a higher priority in the Senate than it has in the past.”

2012 distracted driving legislation (2012):
House Bill 2: Would outlaw text messaging via wireless telecommunications devices while driving in Alabama. Primary enforcement. Fines: $25 (first offense) then $50 and $75. Two points against driver’s license. Includes racial profiling safeguard. (McClendon)

2011 distracted driving legislation (dead):
HB 102: Would outlaw text messaging via wireless telecommunications devices while driving in Alabama. Primary enforcement. Fines: $25 (first offense) then $50 and $75. Two points against driver’s license. Includes racial profiling safeguard. Cleared the House Public Safety and Homeland Security Committee via a voice vote on March 9. Approved by the full House in an 86-2 vote on March 31, 2011, and transmitted to the Senate. Latest legislative action: Marked for “further consideration” in the Senate. (McClendon)

Distracted driving notes (2011):
The House approved Rep. Jim McClendon’s plan to ban text messaging while driving in Alabama in near-unanimous vote taken March 31. The bill then moved to the Senate, where it was marked for “further consideration.” The 2010 distracted driving measure, also from McClendon, died in the Senate after committee members rewrote it to favor plaintiffs in crash lawsuits (detail below).

HB 102 sponsor McClendon was asked during an April 27 Senate debate about the risks of racial profiling via a distracted driving law. “You’re talking about harassing kids, and I’m talking about saving lives. … I cannot stop police officers from stopping people unnecessarily, but I do know that texting while driving is as dangerous as drunk driving.” McClendon, R-Springville, also dismissed concerns over enforcement by saying he sees people texting all the time — so why can’t police.

HB 102 includes a provision that all law enforcement agencies must provide monthly reports on the number of minority drivers stopped under the texting law. The Senate president cited racial profiling as one of the reasons to reject McClendon’s HB 35 of 2010.

Sen. Cam Ward, R-Alabaster, plans to amend McClendon’s HB 102 with an exemption for mounted GPS devices. The change would benefit car rental services and companies that have workers on the road, such as the Alabama Power Co., which requested the change.

Alabama is is second only to Mississippi in the number of teenage driving fatalities. The state Department of Public Health launched a campaign Aug. 26 to warn about the potentially fatal consequences of distracted driving for teens.

The new group Alabamians Against Distracted Driving has about 2,000 members, organizer Dee Fine says. Fine, a victim of a distracted driver, calls on the Kentucky Legislature to “have the courage to pass primary meaningful laws” against cell phone use and texting while driving.

City & country distracted driving laws:
At the local level, Alabama is one of the most active states in outlawing distracted driving. Ordinances against text messaging and using handheld cell phones while driving continue to proliferate due to inactivity at the state level.

Birmingham, Decatur, Huntsville, Montgomery, Madison, Vestavia Hills, Gadsden, Jacksonville, Roanoke and at least eight other communities in Alabama have banned texting while driving. The latest additions in 2011 are Scottsboro (January), Fairhope (March), Spanish Fort (April) and Florence (July).

Almost a year after Montgomery’s distracted driving ordinance went into effect, police have written about 275 tickets. Police started writing tickets for driving while text messaging or using a handheld cell phone in mid-September 2010. Enforcement remains secondary, meaning police cannot pull over violators for that reason alone. City Council Vice President Tracy Larkin, the bans’ sponsor, told the Montgomery Advertiser that primary enforcement should be coming soon. Fines are $50 (first), then $100/$500 with the possibility of jail time. Enforcement of Montgomery’s distracted driving law began Sept. 12, 2010, following the (6-1) City Council vote of Aug. 4.

Florence banned text messaging while driving on July 6, 2011. The law should be in force by August, with fines starting at $100. Councilman Andy Betterton pushed for the safety ordinance, which calls for primary enforcement.

Mobile is holding off on a local ordinance against use of wireless communications devices that aren’t hands-free. The is awaiting the outcome of legislation at the state level.

Spanish Fort approved its ban on texting while driving on April 18, 2011. Jasmine Lee, a Daphne student who reigns as the Alabama Junior Teen Queen, brought the idea to the City Council. The law has teeth: Serial offenders could end up spending three months in jail. Fines: $100 with a possibility of 10 days in jail (first offense), $200/30 days (second), $500, three months (subsequent offenses).

More Spanish Fort: The police chief sought primary enforcement for driving while texting and/or using handheld cell phones. “It serious enough to me and my guys, that if they are texting while driving, it is serious enough to pull them over for,” Police Chief David Edgar said in late March.

Scottsboro’s overall distracted driving ordinance went into full effect April 1, 2011, after a three-month waiting period. Fines range from $25-$100 (first offense) and then $50-$250. Protests from police derailed plans for a specific texting while driving ban. Mayor Melton Potter told council members: “This is something we need to look at and send a statement that it is a serious problem.”

Fairhope joins the list of Alabama cities that ban text messaging while driving. The City Council’s unanimous vote came on March 14. “If it saves one life, it’s well worth the effort we put into it,” Mayor Tim Kant says.

Athens has banned text messaging while driving in city limits. Fines $100 then $200 then $500, with the possibility of jail time. The ban includes various uses of wireless telecommunications devices, but cell phone use remains legal. Councilman Harold Wales pushed through the new Athens distracted driving ordinance, approved unanimously on Nov. 8, 2010. It was based on the texting laws passed in Huntington and Madison.

Daphne’s City Council outlawed texting while driving in a unanimous vote Nov. 1. Daphne prohibits drivers from using any wireless communications device to text or download data (cell phones, computers, iPhones, iPads, Blackberries, etc.). The ban was proposed by a high school student. Secondary enforcement. Fines: $100/$200 with the possibility of jail time.

Decatur has outlawed texting while driving, with the new ordinance set for primary enforcement. The Oct. 4 vote (4-1) bans use of all wireless handheld devices while behind the wheel, except for making phone calls. Drivers also are prohibited from entering data into GPS systems. Fines $100 then up to $500, jail time possible. The law took effect Dec. 1, 2010.

Huntsville and Madison adopted text messaging bans in September 2010. They call for secondary enforcement, meaning police need another reason to stop and cite a texting suspect. Fines $100 (first offense) up to $500 along with possible jail time.

Birmingham has banned texting while driving, setting a fine of $100. The unanimous vote came July 13. The city, ironically, is home to Sen. Rodger Smitherman, who derailed a statewide texting law in 2010 by inserting language into the bill that was seen as pork for attorneys (above).

Florence’s City Council rejected a plan to ban handheld electronic devices for drivers, although the vote in August 2010 was a tie. Councilman Andy Betterton said he may try again.

Decatur is considering a citywide ban on text messaging while driving. Councilman Ronny Russell is the sponsor.

Gadsden banned text messaging in city limits on June 22. Fines $25 (first), then $50/$75. “I think eventually there will be some kind of state guidelines,” the mayor said.

Jefferson County’s sheriff has placed “Don’t Text and Drive” bumper stickers on all patrol cars.

2010 cell phone, texting legislation (dead):
Alabama House Bill 35: Would ban text messaging and use of handheld GPS devices while driving on Alabama’s highways and roads. Fines of $25 (first offense) then $50 and $75, plus court costs and a point. Calls for primary enforcement, meaning police and deputies may pull over drivers when a violation of the law is suspected. Approved Jan. 13 by the public safety committee. Approved by the Alabama House on Jan. 19 (95-3 vote). Blocked in the Senate Judiciary Committee in a disagreement over language that made text messaging while in a crash a presumption of negligence. (McClendon)

SB 196: Would outlaw drivers’ use of text messaging devices and mobile GPS units. Primary enforcement. Fines $25/$50/$75. Died in Senate Judiciary Committee. (Waggoner)

2010 legislation notes:
Rep. Jim McClendon, R-Springville, saw his HB 35 approved by the full House in a 95-3 vote. It was sent to the Senate, but did not advance there. He plans to return with the bill in 2011.

Sen. Jabo Waggoner, R-Vestavia Hills, attempted to sub McClendon’s bill for his own during debate in the Senate Judiciary Committee, but the chairman set aside the plan due to member disagreements over the primary status for enforcement. “I don’t understand anybody being against it,” Waggoner said. “To me, it is a no-brainer.”

The text messaging bill couldn’t get out of committee in the Senate due to the actions of President Pro Tem Rodger Smitherman, D-Birmingham, and Sen. Roger Bedford, D-Russellville. The texting-while-driving measure was rewritten by Bedford and other Senate attorneys to insert language that a text-messager was presumed at fault in an accident. They refused to let the bill advance without that language. A major state insurer had objected to that provision.

Days after the bill died, the Huntsville Times editorialized: “Opponents of this ban should be ashamed of themselves for killing this life-saving bill. … Bedford, Alfa (insurance group) and whoever else torpedoed the text ban law are wrong on this one. … (Their) excuses, frankly, don’t make sense.”

Smitherman said primary enforcement invites racial profiling by law officers.

McClendon had texting and handheld cell phone bills debated in the House and Senate in 2009. His HB 157 was approved in the House but failed in the Senate. “Fatalities on our highways are simple enough to prevent,” McClendon said. “If you don’t use seat belts, you put yourself at risk. When you text message, you put everybody at risk.”

Huntsville’s ban on texting while driving goes into effect Sept. 20. Mayor Tommy Battle is the sponsor. Fines will be $100 (first offense) and then up to $500 plus possible jail time. Enforcement is to begin 60 days after the July 22 vote, which was unanimous.

The Associated Press polled Alabama state legislators and found that 84 percent of House members approved the bill, and 79% of senators wanted to see it pass (most but not all legislators responded to the pollsters). The same poll taken last year produced similar numbers (below).

A coalition of state and federal transportation officials had vowed to see through Alabama legislation banning drivers’ use of cell phones and texting devices. They gathered at the Alabama Distracted Driving Summit in Birmingham on Dec. 4, 2009. The summit was co-sponsored by the University of Alabama at Birmingham’s University Transportation Center and the University Transportation Center for Alabama.

Ray LaHood, secretary of the U.S. Department of Transportation, delivered the Distracted Driving Summit keynote. “There are proven strategies we can use to help combat this epidemic, but it will also take leadership and coordination to protect our communities and the traveling public. … (This summit) — the first of its kind outside Washington — helps continue the national conversation on distracted driving and will put more good ideas on the table to prevent needless deaths. I hope other states will follow its lead.”

“Secretary LaHood issued a challenge to the states to move quickly to address the issues of distracted driving,” said Russ Fine, director of the UAB Transportation Center. “Alabama’s response has been gratifying, as this summit has brought together leaders in state government, transportation safety, science, law enforcement and public policy to begin that process and provide a safer driving environment for all Alabamians.”

2009 distracted driving legislation (dead):
HB 157 would ban drivers from text messaging. Approved by House.

HB 282 seeks to restrict young drivers from using any “audio” hands-free or hand-held device that is not required for operation of the vehicle. Applies to drivers 16 years old or younger, or 17 years old who have been driving for less than six months.

2008-09 legislation notes:
Rep. Jim McClendon saw his text messaging bill clear the House in February 2009 but run into opposition in the Senate from Sen. Vivian Figures, D-Mobile, who wanted to water down the bill. “(The legislation) prohibits, writing, sending or reading text message while operating motor vehicle,” McClendon said in late April. “She wants to delete those words.”

McClendon’s bill to ban handheld cell phone use by drivers, HB 158, was defeated on a 5-3 vote. McClendon said he was pleased to get one of the driving safety bills through committee.

McClendon’s text messaging bill sought penalties starting at $25 and three points up to a 60-day suspension of the driver’s license after a fourth conviction.

Texting poll: An Associated Press poll taken during January shows that Alabama legislators are solidly in favor of a text-messaging law:

81 percent of House members responding said they would support a ban on text messaging while driving, while just 1 percent were opposed and 18 percent said they were undecided. In the Senate, 77 percent of respondents said they would support the bill, while 10 percent were opposed and 13 percent undecided.

Rep. McClendon, who heads a state safety committee, introduced HB 17, the 2008 bill banning drivers under 18 from using cell phones. * McClendon told Hands-Free Info that the legislative session ended with the bill stuck in committee, “blocked by chairman of rules Ken Guin, D-Walker County.” Greenhill said of the teen-targeted legislation: “The bill should address everyone or no one.”

HB 17 was endorsed by the Birmingham News: “Alabama legislators should place more restrictions on teen drivers, including a ban on their use of cell phones while behind the wheel. … No, it’s not good for any of us to be gabbing on cell phones when we’re steering a deadly weapon. But it’s certainly not good for inexperienced drivers to be doing so or, worse, to be sending text messages.”

California: Cell phone laws, legislation

Calfornia distracted driving news: The CHP’s yearlong “Adult Distracted Driving II” campaign continues through Sept. 30, 2012. By the time that grant money runs out, 50 distracted driving enforcement operations will have been conducted statewide. Funding originated with the National Highway Traffic Safety Administration.

California drivers consider cell phone use the No. 1 menace on the roads, followed closely by text messaging. A state traffic safety office survey about roadway perils found that cell phoning and texting by drivers both overtook 2010′s No. 1 worry, “speeding and aggressive driving.” (Read the California traffic safety survey.)

A plan to more than double fines for distracted driving violations was vetoed by the governor Sept. 7. Gov. Jerry Brown said Sen. Joe Simitian’s SB 28 would have made fines too expensive “for people of ordinary means” (more on SB 28 below).

Current prohibitions:

• Adult drivers (18 and older) banned from using cell phones unless they employ hands-free devices.
• Drivers may not use wireless devices to “to write, send, or read a text-based communication” — as in text messaging.
• Minors are prohibited from using wireless phones while driving — with or without hands-free accessories.
• School bus operators and transit bus drivers prohibited from using cell phones while driving.

View the California text messaging law | cell phone law | teen wireless device law

Cell phone and text-messaging fines: First offense $20. Other convictions, $50. “With court costs and penalties, the true costs of those tickets are $76 and $190, respectively,” the Los Angeles Times reports.

Distracted driving notes (2012):
The California Highway Patrol’s New Year’s “zero tolerance” sweep of distracted drivers yielded 115 tickets. The Dec. 30-31 crackdown snared 111 drivers for handheld cell phone use, and four for text messaging. Sixteen warnings were handed out. A CHP spokesman said distracted driving violators had become “pretty blatant” in 2011.

2011 distracted driving notes:
The state Senate and House approved Sen. Joe Simitian’s SB 28, a reprise of his 2010 plan to more than double fines for distracted driving violations. That wasn’t enough: The 2011 bill was sent to Gov. Jerry Brown on Aug. 15, and he vetoed it weeks later.

“I certainly support discouraging cell phone use while driving a car, but not ratcheting up the penalties as prescribed by this bill,” Brown wrote in his veto message.

“For people of ordinary means, current fines and penalty assessments should be sufficient deterrent.”

Under the Simitian plan, fines for using handheld cell phones or text messaging while driving would have increased to $50 (first offense) and $100. In addition, a point would have been charged against the driver’s license on second and subsequent offenses. A first offense would have cost violators about $310 after court costs. Repeat offenses would have hit $528, plus the point.

San Francisco’s airport (SFO) wants visitors to know the state cell phone and texting laws for drivers. New advisory signs have gone up at auto rental counters as well as at entrances to fleet garages. San Francisco International also will post traffic signs on the garages’ exit ramps and on the exit road, Bay City News reported.

Use of push-to-talk cell phones are no longer legal for use by truck drivers as of July 1, 2011 — in state-speak, that’s “a digital two-way radio that utilizes a wireless telephone that operates by depressing a push-to-talk feature.” Truck and tractor-trailer operators will have to get hands-free accessories to be in compliance, just like the rest of us.

Traffic deaths in the Golden State were down 12 percent in 2010, from 3,081 deaths in 2009 to 2,715 in 2010. California Highway Patrol Commissioner Joe Farrow said: “Through the behavioral changes of the motoring public, like buckling up, designating a non-drinking driver and eliminating distractions, progress is made daily, resulting in lives saved.” The Office of Traffic Safety announced July 20 that $76 million from federal funding has been awarded, which will be spent on law enforcement crackdowns and education, such as the new peer-to-peer project, Teens in the Driver’s Seat.

California’s monthlong spring crackdown on distracted driving yielded more than 52,664 citations. The sweep came in conjunction with Distracted Driving Month (April). Statewide fatalities were down 7 percent from April 2010, but the Office of Traffic Safety said it wasn’t clear this had anything to do with the cell phone and texting crackdown.

April was the first Distracted Driving Awareness Month, which inspired the California Highway Patrol to run a long-term sweep against violators of the state’s distracted driving laws. More than 100 California Highway Patrol units and 225 police departments established zero-tolerance days for cell phone and texting violations.

2011-2012 cell phone, texting legislation:
Senate Bill 28: Seeks to hike fines for using handheld cell phones or text messaging while driving to $50 (first offense) and $100. (Current fines are $20/$50.) Would mandate a drivers license point for each offense following the first. Bicyclists included, but fines would be $20/$50 with no additional fees and no points against license. Similar to Simitian’s SB 1475 from the 2010 session, with these two changes: Point against license assessed only after second violation; texting permitted with “voice-operated, hands-free devices.” The measure provides $10 of each fine to education programs about the dangers of distracted driving.

SB 28 legislative history: Approved by the Senate Transportation Committee in a 6-3 vote on March 29; amended and approved by the Appropriations Committee in a 5-1 vote on April 11. Approved by the Senate in a 24-12 vote on April 25. Latest legislative action: Approved by the Assembly Transportation Committee in a 13-1 vote on June 14. Cleared Appropriations in a 10-5 vote on July 6. Approved by the full House on July 14 and returned to the Senate for its approval of the House’s amendments. Sent to the governor for his approval on Aug. 15. Vetoed by the governor Sept. 7. (Simitian)

2010 distracted driving notes:
Cell phone use by drivers ranked No. 2 in a survey about the biggest safety problems on California’s highways. In Southern California, texting and driving was seen as more of a danger than in the northern part of the state. About 45 percent of respondents said they’d made a mistake while using a cell phone while driving. The state Office of Traffic Safety survey, released in mid-November, was based on interviews with 1,671 drivers at gas stations throughout California. (Speeding and aggressive driving ranked No. 1 on the list of dangers.) Update: In 2011, both cell phone use and texting were seen as more significant dangers than speeding/aggressive driving, which came in third.

The California Highway Patrol’s Coastal Division conducted a two-day sweep on cell phone violations, on Nov. 23 and 24. In the region between Santa Cruz and Ventura, 368 tickets for cell phone use were handed out by the CHP and local law officers. One driver was cited for text messaging.

The California Highway Patrol ran two day-long crackdowns on distracted driving during October 2010. The days were Oct. 5 and Oct. 26. Southern California law officers have been focusing on distracted driving all month.

State Sen. Joe Simitian said he “was at a loss” to explain his SB 1475′s death in committee. “The problem hasn’t gone away and we’ll take a look at it at some point in the future,” he told the Napa Valley Register.

As the 2010 session began, Simitian said he’d “heard repeatedly that the current fines are too modest. They wouldn’t be anymore” under his SB 1475. The senator did back down a bit on the new fines for bicyclists due to protests from riders groups.

Simitian’s law banning drivers’ use of handheld cell phones has resulted in “at least 700 fewer fatalities and 75,000 to 100,000 fewer collisions each year.” He said Feb. 17 that California Highway Patrol data show “an immediate drop” of 40 percent to 50 percent in accidents linked to cell phone use.

“We’ve been able to reduce the number of deaths and crashes even as we’ve seen more drivers and more cell phones out on the highway,” said Simitian.

The percentage of people texting and driving has doubled in Southern California despite the statewide ban on the distracted driving practice, the area’s Auto Club says. Handheld cell phone use remains about the same, the organization reported, based on its “observational” studies in Orange County. Read the story: Auto Club: Texting & driving soaring

The California Highway Patrol says it has issued about 283,000 tickets for use of handheld cell phones (as of mid-September 2010). The CHP also reports a total of 3,742 text messaging tickets. The California cell phone law went into effect July 1, 2008, and enforcement of the texting ban began Jan. 1, 2009.

The CHP reported June 30, 2010: “Cell phones are the leading, identifiable, contributing factor to inattentive driver crashes in California. … “There have been more than 1,200 collisions throughout the state where a contributing factor was inattention by the driver due to cell phone usage. Those same collisions resulted in 16 fatalities and more than 850 victims injured.”

The CHP writes about two-thirds of the distracted driving tickets issued statewide, at a rate of 12,000 to 14,000 a month.

California’s Central Valley was targeted for a 48-hour distracted driving crackdown in late-September 2010. Almost 2,100 drivers were ticketed for use of handheld cell phones. Texting resulted in 67 tickets.

Bay Area law enforcement agencies and the California Highway Patrol ran a zero-tolerance sweep on distracted drivers during August. Drivers talking talking on their cell phones or text messaging were targeted. The crackdown began Aug. 10, with CHP issuing 348 cell phone violations and two for texting. On Aug. 18, the numbers were 703 and 55.

The Assembly Committee on Appropriations estimates increased distracted driving fines under Senate Bill 1475 would bring in another $32 million annually.

2010 cell phone, texting legislation:
Senate Bill 1475: Would have increased fines for using handheld cell phones or text messaging while driving to $50 (first offense) and $100. (Current fines are $20/$50.) Would mandate a drivers license point for each offense following the first. Bicyclists would be included in the cell phone and texting prohibitions, but fines would be $20/$50 with no points (per amendment of April 6). Allows police to pull over teen drivers suspected of using cell phones. The measure provides $10 of each fine to education programs about the dangers of distracted driving.

SB 1475 legislative history: Amended and approved by the Senate Transportation and Housing Committee (April 6, 5-1 vote). Cleared the Senate Appropriations Committee (May 10, 6-3 vote). The full Senate approved the bill on June 3 in a 21-16 vote. Cleared the Assembly Committee on Transportation June 22 in 8-6 vote. Failed to advance in the Appropriations Committee.

Latest action on SB 1475: Dead for the year. (Simitian)

Previous cell phone legislation notes:
Gov. Arnold Schwarzenegger signed SB 33, the hands-free cell phone bill, into law in September 2006.

State Sen. Joe Simitian had been trying to pass the bill for six years. He was resisted by all of the major cell phone providers except Verizon, although in the end only Sprint protested the action. After SB 33 passed, the senator later succeeded with SB 1613, which places the cell phone and texting limits on teen drivers.

Then Simitian added the ban on text-messaging while driving to the state’s lawbooks in late September 2008, when Schwarzenegger signed the legislation. SB 28 was approved and sent to the governor on Aug. 21, 2008. It took effect Jan. 1, 2009.

View the posts:
Simitian: Hike Calif. distracted driving fines
Simitian defends California cell phone ban
California spikes drivers’ text messaging
California’s hands-free law now in effect

California’s hands-free law now in effect

On July 1, two major laws went into effect in this cell phone-loving state. Drivers are required to use hands-free devices if they wish to make cell phone calls from their moving vehicles.

In addition, drivers under the age of 18 are prohibited from using wireless phones while driving — sorry, that means no hands-free devices. Teen drivers also are prohibited from using text-messaging devices and laptop computers.

The first infraction brings a $20 ticket; any others will cost $50. The Los Angeles Times says the true costs of those cell phone tickets are $76 and $190, figuring in court costs and penalties.

For now, any violations of California’s cell phone and texting laws will not result in points — as in insurance company rate hikes — but stay tuned.

California law enforcement agencies had varying policies on how actively they’d be enforcing the new cell phone laws come the July 4 week. The Highway Patrol planned strict enforcement, while the Los Angeles Police Department adopted “an educational period,” according to the Los Angeles Times.

“People ask us, ‘Is there going to be a grace period?’ We say, ‘Yes, it’s June 30,’ ” a CHP spokesman said.

Gov. Arnold Schwarzenegger signed the hands-free legislation in fall 2006. The bill was SB 1613, from state Sen. Joe Simitian, D-Palo Alto.

Simitian also authored SB 33, now a law that prohibits teen drivers’ use of cell phones and text messaging devices such as walkie-talkies, pagers, two-way messaging devices and PDAs while driving.

Of the young driver law, the senator said: ”I introduced this bill for one simple reason it will save lives. No one would argue that just because we can’t eliminate all the distractions affecting driver safety, we shouldn’t eliminate the ones we can. This is especially true when it comes to young drivers.”

Simitian filed SB 28 on June 19, 2008, seeking to apply the text-messaging (and email) prohibitions to all drivers.

The nonpartisan Public Policy Institute of California recently estimated that 300 fewer people will die each year in traffic accidents as a result of the hand-held cell-phone ban for California drivers.

Here are some questions and answers about mobile phones and driving, from the California Department of Motor Vehicles:

Drivers 18 and older:
Q: What if I need to use my phone during an emergency and I do not have a hands-free device?

A: The law allows a driver using a wireless telephone to make emergency calls, including, but not limited to, calls to a law enforcement agency, health care provider, fire department, or other emergency services agency.

Q: What are the fine(s) if I am convicted? 

A: The base fine for a first offense is $20, and $50 for each subsequent conviction. The courts will impose additional administrative fees.

Q: Will I receive a point on my driving record if I am convicted for a violation of the cellular phone law?

A: No. The violation is a reportable offense; however, DMV will not assign a violation point.

Q: Will a conviction appear on my driving record?

A: Yes, but a violation point will not be added.

Drivers under 18:
Q: If I am under 18, can a peace officer stop me if he/she suspects I am using a cellular phone or other mobile service device?

A: A law enforcement officer may pull you over if he/she observes or determines you are using a cellular phone.

Q: Why is the law more strict for provisional drivers?

A: Statistics show that teen drivers are more likely than older drivers to be involved in accidents because they lack driving experience and tend to take greater risks. Distractions, such as talking with passengers, eating or drinking, and talking on cellular phones or texting increase the chance you will be involved in a serious accident.

Q: Can my parents give me permission to allow me to use my cellular phone when driving?

A: No. The only exception is an emergency situation that requires you to call a law enforcement agency, health care provider, fire department or other emergency entity.

Q: If my car has a built in hands-free phone feature, may I use it while driving?
A: No. The law prohibits anyone under 18 years old from using any type of wireless device while driving, except in certain emergency situations.