iPhones and driving: Caution in order

The iPhone 3G does a lot of amazing things, but voice dialing isn’t one of them. This means that drivers have to somehow use the virtual keyboard to dial out, a dubious proposition safety-wise.

What makes dialing extra tricky is the iPhone’s lack of raised buttons, which help the tactile figure out where the number keys are located. This hitch gives both iPhones safety issues beyond the usual driving-while-talking problems.

Most decent cell phones have voice dialing. The iPhone, curiously, does not. Ooops. And these guys live in California!

“(Lack of) voice dialing is a serious oversight,” a veteran iPhone owner said in a post on the Apple site. “And dangerous in the car.”

The long-awaited iPhone App Store comes to the rescue, sort of, with the SpeechCloud Voice Dialer, free speech-recognition software. The hitch is, the phone owner has to have prerecorded the contact’s name, as in “Abbot and Costello Inc.” And, the app is really a contact finder that doesn’t actually dial the number, which the driver has to do by tapping the name.

Reviews from users are mixed, most citing problems with accuracy (try talking fast). One reviewer groused about having to look at the iPhone three times: to find and launch the app, to confirm the contact is correct, and the screen-tap for dialing.

“Too bad we have to go through all this to get voice dialing on the most advanced smart phone in the world,” the reviewer said.

You have to pay, but a better solution is on the way: Makayama apparently is waiting for Apple’s technical approval to bring its “Voice Dial for iPhone” into the 3G era. (Watch the iPhone voice-dialer demo.)

One iPhone app using speech recognition on the horizon is the Say Where location finder from an outfit called Dial Directions. Speak an address, intersection or major location and the app gets the information from the usual suspects in directions: MapQuest, Google Maps, etc.

As for hands-free devices, Apple packs a basic wired headset with the iPhone.

It also sells the Apple iPhone Bluetooth Headset at a hefty $129. (The Apple site currently is sold out, but Amazon and many Apple retail stores have it.)

The good things about the pricey headset are a dual-charger for both the iPhone and the headset, with the smart phone monitoring battery status for both devices. The dock synchronizes the iPhone and bluetooth headset without any consumer bother. Just plug them into the dual-dock and watch the Apple magic perform the set-up. There’s also a travel dock.

This being Apple, the headset beats those “Star Trek: Voyager” Bluetooth headsets with a sweet build of black anodized aluminum. There is no ear hook, the skinny stick-like headset hangs on via the tiny speaker nestled in your ear. (A couple of foam covers come with the iPhone — they’re of dubious value.)

This also being Apple, there’s no provision for using a wall socket — the docks come only with a USB port. You can buy a converter for about $30.

Apple promises 5 1/2 hours of talk time and three days of standby on a single full charge. Meaning iPhone and headset will need charging about the same time. The bluetooth headset can be used on other phones, but with the usual minor set-up hassles.

Users’ primary complaints seem to be the price, the lack of noise-cancellation and the lack of a volume control. On the plus side, well it’s Apple cool and connected.

The knowledgeable iStore guy I spoke with in L.A. also recommended two other bluetooth headsets, both conveniently for sale in the shop. Users praise both for their audio quality, boosted by noise-cancellation circuitry.

• The Plantronics Voyager 520, at about half the price of the iPhone Bluetooth, has that goofy look but gets good marks from users and CNET. The device allows for volume control, redial, mute, all functions missing from the Apple headset. The Plantronics AudioIQ technology holds down the wind/background noise. Battery life is put at 8 hours for chatting and about a week for standby.



• The Plantronics Discovery 925 has a cool but odd look, kind of like a tie clip; a fit that users seem to like; and a faux leather carrying case that holds an extra battery.

  It too comes with that good noise-canceling encoding, a volume control and an answer/end button.

North Carolina: Cell phone laws, legislation

Cell phone, texting legislation news: A ban on text messaging while driving took effect in North Carolina on Dec. 1, 2009. About 220 citations were issued in its first three months.

Current prohibitions:

• Text messaging prohibited for all drivers.
• 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.

2010 legislative session notes:
State Rep. Paul Luebke, D-Durham, says he’ll return with a plan to restrict cell phone use while driving in the full 2011 session, assuming he’s re-elected.

Over the past four years, almost 5,000 crashes in North Carolina were blamed on distracted driving.

As of February, 221 tickets were written for violations of the state’s new law against text messaging while driving. Only 41 resulted in a conviction, according to the Administrative Office of Courts.

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).

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, D-Scotland, 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

Cell/texting update: Maryland’s governor has signed into law a ban on cell phone use while driving unless a hands-free device is employed. The law calls for “secondary enforcement” and fines between $40 and $100. The ban goes into effect Oct. 1.

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.

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.

Current prohibitions:

• Text messaging is prohibited for all drivers.
• Handheld cell phone use banned for all drivers (effective Oct. 1, 2010).
• Drivers under the age of 18 and drivers with learner’s permits or intermediate licenses are prohibited from using cell phones.

2010 legislation:
SB 321: Would ban use of handheld cell phones by all drivers. 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: Alaska lawmakers will consider at least two bills seeking to crack down on drivers’ use of cell phones. One seeks an outright ban on mobile phone use by drivers, without an exemption for hands-free devices. It is one of the few cell phone measures in the nation to seek a total ban.

Current prohibitions:
Drivers are banned from text-messaging or watching videos.

2010 legislation:
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, meaning law officers must have another reason to halt drivers. Fines up to $300 plus points. (Doogan)

HB 15: 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. Sponsor does not expect it to get out of committee. (Gardner)

2010 Legislation notes:
Alaska’s 2010 legislative session runs from Jan. 19 to April 18.

The head of the House Judiciary Committee plans to give Rep. Mike Doogan’s HB 257 a hearing. Rep. Jay Ramras, R-Fairbanks, told the Anchorage Daily News that in order to clear his panel, the legislation 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.)

HB 257 was referred to the House Transportation Committee, which is chaired by a co-sponsor, Rep. Peggy Wilson, R-Wrangell.

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.

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. 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

Latest driver safety legislation news: The Alabama Legislature adjourned without passing distracted driving legislation in 2010. A bill passed by the House would have banned texting while driving, but the measure died in the Senate after committee members rewrote it to favor plaintiffs in crash lawsuits. The bill had broad support in the Legislature.

The state hosted the nation’s first statewide summit on distracted driving in December.

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

Current prohibitions:

• None statewide.
• Birmingham, Jacksonville, Vestavia Hills, Gadsden, Roanoke and at least seven other communities have banned texting while driving. Montgomery’s ban on texting and handheld cell phone use begins Sept. 12. Huntsville’s ban goes into effect Sept. 20.

2010 cell phone, texting legislation:
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. Appears dead 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.”

The new group Alabamians Against Distracted Driving had about 2,000 members as of June 2010, organizer Dee Fine says.

City & country distracted driving laws:
Montgomery has outlawed text messaging and the use of handheld cell phones by motorists. Fines will be $50 (first), then $100/$500 with the possibility of jail time. Enforcement will be secondary, meaning police cannot pull over violators for that reason alone. City Council Vice President Tracy Larkin was the sponsor. Enforcement of Montgomery’s distracted driving law begins Sept. 12, following the (6-1) City Council vote of Aug. 4.

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 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.

2009 legislation:
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

Distracted driving update: After the success of his cell phone and text messaging legislation, State Sen. Joe Simitian returned in 2010 with a plan to more than double fines for distracted driving violations. The legislation died in an Assembly committee in August, although the Senate had approved the bill June 3. Simitian indicated he would try again to toughen California’s distracted driving laws.

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 are in for tickets. 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.

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.

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. A plan to more than double these fines has been approved by the state Senate and is advancing in the Assembly (see SB 1475 below).

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)

2010 notes:
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 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, D-Palo Alto.

The California Highway Patrol says it has issued more than 244,000 tickets for use of handheld cell phones (as of June 2010). 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.

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

In Monterey County, the CHP issued more than 2,800 tickets for handheld cell phone use through May 2010.

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.