Text-messaging ban for Calif. drivers

California has a new text-messaging law to go with its recent ban on handheld cell phone use by drivers.

Gov. Arnold Schwarzenegger signed SB 28 on Sept. 24, 2008, with an effective date of Jan. 1, 2009. The legislation had been in limbo during the state’s budget standoff of September.

“Banning electronic text messaging while driving will keep drivers’ hands on the wheel and their eyes on the road, making our roadways a safer place for all Californians,” Schwarzenegger said.

State Sen. Joe Simitian, D-Palo Alto, added the texting law to his distracted-drivers portfolio. He also authored the law prohibiting drivers’ use of cell phones without hands-free devices, as well as the law that prohibits drivers under 18 from using cell phones or texting devices.

The bill as passed by the Senate:

“Prohibits driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication which is defined as manually communicating with any person using text-based communication such as text-messaging, instant messaging and email.”

The law has the same fines as the cell phone sanctions: $20 fine for a first offense and a $50 fine for subsequent violations.

The California Highway Patrol says it has written almost 20,000 citations for motorists caught using handheld cell phones without hands-free devices.

Related reading:
Text messaging a hot topic after crash
California’s hands-free law now in effect

West Virginia: Cell phone laws, legislation

Cell phone, texting news: Gov. Earl Ray Tomblin has submitted legislation that would ban text messaging and the use of handheld cell phones while driving in West Virginia. Operation with hands-free devices would be allowed.

Tomblin’s original plan was for secondary enforcement of the distracted driving laws, meaning police would not be able to stop and cite motorists for that reason alone. On Feb. 1, the Senate Judiciary Committee amended (and approved) the Senate version so that text messaging would be subject to primary enforcement, but use of handheld cell phones would be secondary.

The governor previously indicated he probably would sign legislation with primary enforcement, should it reach his desk.

The House and Senate Transportation Committees also approved and advanced the governor’s bills, HB 4091 and SB 211. The votes came on Jan. 24 (Senate panel) and Jan. 25 (House panel).

“I want West Virginians to remain free from distracted drivers on our public highways,” Tomblin said during his State of the State address to the Legislature Jan. 11.

At least seven bills that seek to ban texting while driving have been introduced for the 2012 legislative session (below). Three include a ban on handheld cell phones.

Current prohibitions:

• Drivers with learner’s permits or intermediate licenses are prohibited from using cell phones while driving (primary offense). Read the law.
• School bus drivers may not use cell phones while operating the vehicles.

Distracted driving legislation (2012)
Senate Bill 211 (original version, see Sub2 below): Would prohibit drivers in West Virginia from using wireless communication devices without hands-free equipment. Includes texting and cell phone calls. Fines: $100 (first offense), then $200, then $400. Secondary enforcement only. Novice driver restrictions on cell phones and texting would remain, with primary enforcement. Amended and approved unanimously by the Senate Transportation and Infrastructure Committee on Jan. 24. Latest legislative action: Amended and approved by the Judiciary Committee on Feb. 1. See SB 211 Sub 2 below. (Kessler, Hall as requested by governor)

• SB 211 Sub2 changes: Makes texting subject to primary enforcement, but enforcement of the handheld cell phone law secondary. Fines $50, $100 and $200. Three points assessed against driver’s license on third and subsequent violations.

SB 47: Would prohibit text messaging while driving. Fine: $25. No points. (Beach)

SB 79: Seeks to ban text messaging while driving. Fines: $50, then $100, then $200. No points. (Unger)

House Bill 2490: Would prohibit text messaging by drivers as well as “additional technology activities” (Internet, music, games, etc.) using handheld mobile communication devices. Fines: $250, then $500, then $1,000. (Miley)

HB 4005: Would prohibit text messaging by all drivers. (Frazier)

HB 4075: Would outlaw use of handheld wireless communications devices by drivers, including cell phones. Hands-free OK if driver “exercises a high degree of caution.” Categorized as “reckless driving offense.” (Guthrie)

HB 4091: Would prohibit drivers from using wireless communication devices without hands-free equipment. Includes texting and cell phone calls. Fines: $100 (first offense), then $200, then $400. Secondary enforcement only. Novice driver restrictions on cell phones and texting would remain, with primary enforcement. Approved by the House Transportation Committee on Jan. 25. (Thompson, Armstead as requested by governor)

Distracted driving news (2012):
The Senate Judiciary Committee unanimously approved its toughened version of Senate Bill 211 (Sub2) on Feb. 1. The measure now goes before the full Senate.

Senate Transportation and Infrastructure Chairman Robert Beach, D-Monongalia, says he’s optimistic that the governor’s distracted driving measures will get through the Senate. “The direction we’re taking is coming from the federal level,” he told the Charleston Gazette. “Many states are already adopting this.” The Senate panel considered the governor’s plan on Jan. 20 and approved it Jan. 24.

Wording of the governor’s distracted driving bill caused some heads to spin on the House Roads and Transportation Committee. “Are we all thoroughly confused?” the panel’s chairman asked Jan. 18. The chairman, Delegate Margaret Staggers, said the governor’s plan for secondary enforcement “doesn’t seem very practical” and indicated her committee would consider bills with more teeth.

Gov. Tomblin said Jan. 18: “If they want to make it a primary offense … I’ll probably sign it.” An aide to Tombin said the secondary enforcement tag on the governor’s bill was designed to avoid points against a violator’s driver’s license.

Staggers, D-Fayette, is looking for alternative ways to stop West Virginians from driving while distracted. She says she finds merit in tax incentives for voice-activated hardware installation as well as additional penalties for distracted drivers who cause accidents. As for a ban on the use of handheld cell phones, “I don’t know if you can outlaw stupidity,” the Transportation Committee chairwoman told the Register-Herald Reporter.

Staggers says she sees “a good compromise” in a Republican plan that would provide for additional penalties for drivers who cause accidents if they were using a cell phones at the time.

Senate Judiciary Committee Chairman Corey Palumbo says the governor’s support could end the annual legislative back-and-forth on texting and handheld cell phone laws.

Gov. Tomblin said in his address to the Legislature on Jan. 11: “With the advent of iPhones, BlackBerries, 4G networks, and texting, the number of people who are using mobile phones while driving has and continues to increase. And, with that increase, there has been an equally dramatic increase in the number of driving fatalities where distracted driving was involved. … I will submit legislation that will ban the use of cell phones without hands-free equipment and text messaging while driving.”

The Charleston Daily Mail called the governor’s plan for secondary enforcement of distracted driving laws “a modest, sensible approach that would not be unnecessarily intrusive and would not unnecessarily criminalize people.”

2011 distracted driving notes
The House approved a text messaging ban in February but in a heavily amended form that only provided for secondary enforcement. HB 2555 won handily (92-5) but died in the Senate as time ran out on the session.

Senate Judiciary Chairman Corey Palumbo said of the failure of distracted driving legislation in 2011 “tells me there’s very little concern for all the deaths on our roads in the House.”

Senate Majority Leader John Unger charged there was “chaos” in the House in the final days of the session: “None of our bills died in here (the Senate). They died over there.”

Upon HB 2555′s approval in the House (Feb. 17), Delegate Danny Wells, D-Kanawha, said: “I’m totally disappointed and discouraged. … As long as it’s not a primary offense (to text and drive), it’s just a worthless piece of paper.” He voted for the bill anyway

The HB 2555 proposal for a texting ban was trashed in the House Judiciary Committee, with the delegate who wrote the panel’s amended version calling the original “one of the worst bills I’ve ever seen.” Delegate Mark Hunt, D-Kanawha, says, “I think we need to go back and do a hands-free law,” Hunt said. He expects quick introduction of a rival bill that would ban handheld cell phones. Ironically, the bill’s sponsor eliminated a cell phone ban to increase HB 2555′s chances of passing.

Delegate Dale Martin, D-Putnam, is lead sponsor of the HB 2555 texting ban. Martin is chairman of the Roads and Transportation Committee. The original bill was modeled using U.S. Department of Transportation guidelines, Martin said.

“It’ll have a better chance of passing (than 2010′s HB 4013), Martin said (prior to the Judiciary Committee’s amendments). “I think the public is more aware of the hazard.” HB 4013 called for a ban on use of handheld cell phones, which complicated passage, Martin says.

The Select Committee on Infrastructure considered an earlier draft of the texting legislation in late December.

2011 distracted driving legislation (dead)
House Bill 2490: Seeks to ban text messaging by all drivers. Also cites “additional technology activities” requiring use of hands while driving, such as accessing the Internet, playing MP3s and using cameras. Excludes cell phones. Fines: $250 (first offense) then $500 and then $1,000. (Miley)

HB 2555: Would outlaw text messaging while driving via wireless communications devices. Fines $50 (first offense), then $100 and then $200. Also cites Internet use but excludes the entering of phone numbers for cell phone calls. No points. House Judiciary Committee substitute of Feb. 10 made significant changes: Bill now call for secondary enforcement; changes offense from misdemeanor to infraction; changes fines to $100/$200/$400. Latest action: OK’d by the House in a 92-5 vote on Feb. 17. (Martin)

Senate Bill 209: Would prohibit text messaging for all drivers in West Virginia. Primary enforcement. Misdemeanor. Fines $50 (first offense), then $100 and then $200. No points. Same as original version of HB 2555, above. (Unger)

SB 470: Would prohibit text messaging while driving. Includes Internet use. Primary enforcement. Misdemeanor. Fines $50 (first offense), then $100 and then $200. No points. Similar to SB 209/HB 2555. (Unger)

2010 cell phone, texting legislation (dead)
An Interim Joint Committee on Roads and Transportation developed HB 4013 for the 2010 session that would ban both text messaging and handheld phone use for drivers. In a compromise, the bill calls for texting while driving to be a primary offense, but use of a handheld cell phone would be a secondary offense. Meaning a law officer could pull over a driver solely for text messaging, but would need another reason to stop a violator talking on a cell phone. The compromise emerged from the committee on Dec. 9, 2009, after a good deal of debate. Update: The bill had traction but failed to advance in 2010.

Delegate Nancy Guthrie, D-Kanawha, says she’s not sure she’ll be lead sponsor of the distracted driving bill this year. Guthrie saw her bill on texting and cell phoning die on the last night of the 2009 regular session, and now says, “I may let someone else introduce it and try to run it through the judiciary committee.” She wanted primary enforcement for both distracted driving offenses in the 2011 plan (above), but said she was “realistic enough to know that this is a start.”

Earlier this fall, Delegate Guthrie told HandsFreeInfo.com: “The question before the committee is whether or not to reintroduce last year’s legislation or strip out restrictions on cell phone use and only try to pass a bill restricting texting.” She called the idea of stripping out cell phone restrictions “stunning.” The secondary enforcement provision of the new bill was a compromise that kept the handheld cell phone ban alive.

Under the bill, text messaging would bring fines of $50 for the first offense, $100 for the second and $200 after that. Cell phone penalties would be $25, $50 and $75.

Gov. Joe Manchin says he supports a ban on driving and text messaging on West Virginia roads and highways. Motor Vehicles Commissioner Joe Miller lobbied for the draft legislation, noting that cell phone-related deaths fell by hundreds in California after its ban was enacted.

HB 4013: Would ban drivers from text messaging and the use of handheld cell phones, meaning hands-free accessories would have to be employed. Secondary enforcement. Fines of $25. (Guthrie)

HB 2995: Would prohibit text messaging while driving. Fines $100/$200/$500. (Eldridge)

HB 2141: Would prohibit drivers under age 18 with level 1 and 2 licenses from using all wireless communications devices. Secondary enforcement. Fines $25/$50/$75. (Romine)

West Virginia Senate Bill 438: Would make text messaging while driving a primary offense and use of a handheld cell phone a secondary offense. Fines for texting $50/$100/$200. Fnes for using cell phones without a hands-free device $25/$50/$75. No points. Similar to HB 4013, above. (Unger)

SB 167: Seeks to prohibit all drivers from texting while driving. Secondary enforcement. Fines up to $100. Up to 3 points. (Unger)

SB 52: Would outlaw use of cell phones while driving unless a hands-free attachment is employed. Fines $100/$200/$500 no points. (Guills-Foster)

SB 367: Seeks to outlaw use of “additional technology” for handheld devices that provide access to digital media content such as text messages, e-mail, the Internet and games. Fines $100/$250/$500. (Minard)

2010 legislation notes
“I think House members, having passed legislation last year to curb texting and cell phone use while driving, will be very receptive to a similar bill emerging from the Senate,” House Speaker Rick Thompson told the Herald-Dispatch. “I will be interested to see exactly what the Senate produces.”

Sen. John Unger, D-Berkeley, sponsor of two distracted driving bills, noted: “There are folks who are advocating the ban of cell phones altogether in use on the roads,” Unger said. “We’ll see what comes out of committee. … I think (SB 438) has a pretty good shot at passing.”

“Even Oprah is pounding on this,” Unger said of distracted driving laws.

The 2009 legislation that was approved by the House failed to get through the Senate because of an unrelated last-minute amendment.

2009 cell phone, texting legislation:
HB 2621: Would have outlawed use of a wireless handheld communications device unless a hands-free accessory is attached. Included cell phones and text messaging devices. Versions were approved by the West Virginia House on March 27, 2009, and by the Senate on April 9, but died on the final night of the session due to an unrelated amendment tacked on by a senator.

HB 2995: Would prohibit text messaging while driving. Fines $100/$200/$500. (Similar to SB 131) Note HB 1876 above. Note: Carried over to 2010 session.

SB 131: Would prohibit drivers from using cell phones on West Virginia roads unless a hands-free device is employed, such as a headset or speaker system that does not require the use of hands.

2009 legislation notes:
State Sen. Dan Foster, D-Kanawha, plans to introduce legislation in 2010 that would ban text messaging and use of handheld cell phones while operating a motor vehicle in West Virginia. (Update: SB 52, above.) He supported similar legislation in 2009.

The 2009 legislation that was approved by the House was sunk in the Senate by a last-minute amendment regarding cell phone tower placements. “”It was just one of those thoughtless amendments that a member put in without considering all the work the three committees had put into the bill,” Delegate Guthrie said.

2009′s anti-text messaging bill HB 2995 was introduced in mid-March by Delegate Jeff Eldridge, D-Lincoln. It calls for secondary enforcement, meaning drivers could not be pulled over solely for text messaging or using handheld cell phones. The fine will be $25 with no driver’s license points or court costs.

Under SB 131 and HB 2995, fines would start at $100 and increase to $500 with three violations. No points would be assessed on the West Virginia driver’s license. Under HB 2621, fines would be capped at $25 with no points.

Gov. Joe Manchin proposed a ban on text messaging while driving, in response to the Los Angeles commuter train crash. “Texting, cell phones, all this,” Manchin told the Charleston Daily Mail. “I think it’s come to the point now that we see how distractive they are.”

Manchin later told the Register-Herald: “Some legislators asked me my opinion on (West Virginia cell phone and texting legislation). “It makes sense to me. I’m the one who is as guilty as anybody.”

Previous cell phone, texting legislation
In the winter 2008 session, the House narrowly approved a bill that would have made using a cell phone while driving a secondary offense, but it died in the Senate. Kanawha County Delegate Nancy Peoples’ cell-phone legislation inspired plenty of public debate. (HB 4047: Would require drivers to use hands-free devices while making cell phone calls. Drivers’ use of text-messaging devices would be prohibited. School bus drivers would be prohibited from using cell phones.)

“The facts are indisputable. Distracted driving puts all of us in danger,” Peoples wrote on her blog. “This legislation will give us a means to begin gathering data on how many accidents result from drivers who become distracted while using cell phones.”

Sen. Jeffrey Kessler, head of the Judiciary Committee, joined other lawmakers in the 2008 session seeking a ban on texting while driving.

The school bus driver ban on cell phone use was enacted in September 2008 by the state Board of Education.

Ohio: Cell phone laws, legislation

Cell phone, text messaging news: A bill that would ban text messaging while driving remains stalled in the Senate Highways and Transportation Committee. Senate President Tom Niehaus told reporters in early February that the bill is unlikely to advance unless more senators register their support. AAA plans to lobby senators on behalf of the legislation.

The Transportation Committee heard testimony Nov. 16 on House Bill 99, the texting & driving measure. A man who lost his daughter in a crash allegedly caused by a texting driver was among the witnesses.

Ohio’s House approved the distracted driving measure June 28 in an 88-10 vote. The Senate committee chairman already has warned that the panel will be “treading carefully” on the issue.

Also stalled is SB 35, which seeks to prohibit use of handheld communications while driving (hands-free operation OK.)

Kettering is the latest Ohio municipality to ban text messaging while driving, via a unanimous City Council vote taken in late December 2011. The law went into effect Jan. 3 but tickets won’t be written before June. The mayor noted that House Bill 99 “doesn’t seem to be moving through the Senate very quickly.”

Current prohibitions:

• No statewide limits on cell phone use or text messaging.
• Toledo, Columbus, Delaware, Belpre, Berea and Zanesville are among the many Ohio cities that have banned text messaging while driving (more cities below).

Distracted driving notes (2012):
A spokesman for AAA East Central said of HB 99: “We’re discouraged, but not defeated.” AAA has set up a toll-free number that allows residents to speak their minds about distracted driving to representatives: 855-BAN-TEXT (855-226-8398).

The Senate Transportation Committee chairman, state Sen. Tom Patton, R-Strongsville, reportedly is be open to legislation prohibiting young drivers from texting and using cell phones.

Ohio distracted driving legislation (2011-2012):
House Bill 99: Would prohibit the driver of a motor vehicle from texting on an electronic wireless communications device. Includes streetcars and trolleys. Fines up to $150. Provides for six-month warning period. Approved by the House Transportation, Public Safety & Homeland Security Committee in a unanimous vote taken March 30. Approved by the House in an 88-10 vote taken June 28. Latest legislative action: Senate Transportation Committee hearing on Nov. 16 (no vote). (Damschroder, Garland)

SB 35: Would ban use of handheld communications devices while driving. Hands-free cell phone use OK. Includes streetcars and trolleys. Secondary enforcement. Fine: $30. Bill has not budged since being filed in the Highways & Transportation Committee on Feb. 1. (Tavares)

2011 distracted driving notes:
Fairview Park has enacted a ban on texting while driving with primary enforcement status. Fines $100/$250/$500. The law was pushed through on first reading Dec. 19, in order to help cut down on holiday accidents.

Louisville, Ohio, is considering a ban on text messaging and accessing the Internet while driving in city limits. “I feel that if more local government bodies pass ordinances to prohibit this dangerous behavior, the legislators in Columbus will take notice and create a statewide law,” said council member Guy Guidone, who presented the plan Dec. 5.

Wauseon’s ban on texting while driving went into effect in mid-November. It’s a minor misdemeanor, but serial offenders and distracted drivers causing accidents will faces fines of up to $500 and 60 days in jail. The local police chief said the city would no longer wait for the Ohio Legislature to act. “Enough is enough,” he told the Toledo Blade just before the unanimous Oct. 17 vote. The ordinance also covers use of the Internet via devices such as smartphones and laptops.

AAA and Clear Channel Outdoors have teamed up for billboards in support of HB 99. In addition to the message “dnt txt n drv,” motorists are given a toll-free number — 855-BAN-TEXT — that will connect them to their state senators. Of course, that call will have to wait if drivers are alone. About 70 billboards are being erected statewide.

Ohio HB 99 outlook: “I think we’ll get it passed through the House,” said AAA lobbyist Ric Oxender (it did pass). “The Senate will be a little more difficult, but it’s doable.”

“One more town like Wauseon passing the bill against texting makes it more important that we pass this because that increases the patchwork (of local laws) across the state,” said HB 99 co-sponsor Rep. Rex Damschroder, R-Fremont.

Worthington’s City Council rejected a proposal to ban handheld cell phone use by drivers on July 18. One lawmaker feared the city image would suffer if it handed out tickets to unknowing non-residents (as in a speed trap) while another said the legislation smacked of “a police state.”

AAA East Central’s Brian Newbacher testified in support of HB 99 before the House Transportation Committee on March 16: “Texting while driving is the most dangerous of all distractions behind the wheel. It therefore merits special attention with its own law and enforcement and education programs.”

AAA East Central has asked supporters of distracted driving legislation to contact their legislators. “We’re reasonably optimistic that we’ll have passage (of a no-texting law) in the next two years,” a spokesman said in January.

The city of Dublin has banned texting while driving. Misdemeanor with primary enforcement. Fines of $150 and possible jail time. The City Council vote came Feb. 14. Councilman Mike Keenan pushed for the new law after his daughter lost a friend in a distracted driving accident.

AAA East Central asks supporters of distracted driving legislation to contact their legislators. “We’re reasonably optimistic that we’ll have passage (of a no-texting law) in the next two years,” a spokesman said in January.

The city of Berea has banned texting while driving, but enforcement is secondary, requiring police to have another reason to stop a motorist. The vote came in mid-January 2011.

Distracted driving legislation (2009-10):
Ohio House Bill 415: Would outlaw text messaging by all drivers in Ohio. Primary offense. $150 fine after six-month warning period. Approved by the House Public Safety Committee on March 10 and then by the full House on March 24 (86-12 vote). Sent to the Senate. (DeBose, Garland)

Ohio House Bill 266: Would prohibit drivers from using mobile communications devices, including cell phones (unless a hands-free attachment is employed). Also applies to streetcars.

Ohio House Bill 261: Seeks to outlaw text messaging by all drivers. Includes typing on cell phones, PDAs and laptops.

Ohio House Bill 262: Would ban use of handheld cell phones and text messaging while driving.

HB 270: Seeks to ban text messaging by all drivers in Ohio.

HB 130: Would prohibit drivers under 17 who have restricted licenses from talking on cell phones or text messaging. (No apparent activity on this bill as of August 2009.)

Ohio Senate Bill 164: Would outlaw text messaging by all drivers. Secondary enforcement.

Legislation notes:
Sponsors of HB 415, approved by the House safety panel, used the U.S. Department of Transportation’s model distracted driving legislation as a guide.

Rep. Joseph Koziura, D-Lorain, is the sponsor of HB 266, which seeks to make use of mobile handheld devices while driving a primary offense. Fines range from $25 to $100 depending on past offenses. The legislation has bipartisan backing, with 11 co-sponsors.

Rep. Michael DeBose, D-Cleveland, is the author of House Bills 261 and 262. They call for fines of $250 with more severe sanctions for causing an accident while texting or cell phoning. Both are designed for secondary enforcement, meaning law officers need another reason to pull over a driver, such as running a red light.

HB 262 as filed does not cite use of hands-free devices as an exception to the cell phone ban.

Sen. Shirley Smith, D-Cleveland, sponsored SB 164, with fines of $200 for first-time offenders and $500 for subsequent offenses. Two or more violations require 100 hours of community service. The Ohio text messaging bill calls for primary enforcement.

Regarding a state of an Ohio text-messaging ban for drivers, Rep. Jay Hottinger, R-Newark, told the Newark Advocate: “I think it’s a matter of time. Because I think you’re going to see more accidents (caused by texting).”

City/county legislation and laws:
Cincinnati: The city’s ban on text messaging while driving is now being enforced. A majority of council members voted Sept. 10, 2010, to outlaw texting and accessing the Internet while behind the wheel. The distracted driving ordinance took effect 30 days later with $100 and up fines. “It’s a question of safety on the streets; it’s not rocket science,” said Councilman Chris Bortz, who pushed for a ban on texting last year, but failed to gather enough votes. This year there are three new council members, leaving Councilman Chris Monzel alone in his resistance to the ban. The new Cincinnati distracted driving law also outlaws Internet use while driving but does not affect cell phone use.

Cleveland Heights has banned texting while driving in city limits. Fines $100 then $250 and $500. The law was approved Sept. 20, 2010.

Delaware, Ohio, has banned text messaging and use of the Internet while driving. Fines $150. The distracted driving ordinance was approved June 29, 2010. The ban was based on Columbus’ law.

Gahanna upgraded fines for its ordinance against distracted driving/failure to have vehicle under control. They now are $250 and and up to 30 days in jail. City officials said the tougher penalties were designed to send the signal that text messaging and driving would not be tolerated.

Worthington’s ban on text messaging while behind the wheel took effect July 14, 2010. Primary enforcement. Fines $150 (first offense) then $500/$1000. The City Council rejected a last-minute bid to outlaw handheld cell phone use by drivers, but plans to readdress the issue Sept. 14.

Belpre has outlawed texting while driving. The legislation passed its third reading before the City Council on May 24, 2010. Fines from $150 to $500 and up to 60 days in jail. Primary enforcement.

Columbus has outlawed text messaging while driving. The law provides for primary enforcement and $150 fines. The distracted driving law went into effect May 5, 2010. City Councilman Andrew Ginther authored the legislation, which was approved in early April. In the first six months, 24 citations were written.

Hilliard lawmakers voted May 24, 2010, to enact a ban on text messaging by drivers.

Lyndhurst is considering banning cell phone use by drivers under age 18. The city banned texting while operating a motor vehicle in November 2009.

South Euclid councilmen voted Jan. 25, 2010, to ban handheld cell phone use and text messaging by drivers. The council also outlawed use of computers while driving. Fines $100/$250/$500.

Highland Heights‘ police chief has been told to research a citywide ban on texting. The chief had multiple reservations about a local law. There has been no action since a possible ban was discussed in February 2010.

North Royalton has outlawed text messaging while driving in city limits. Violations will be a primary offense, meaning police can pull over violators for that reason alone. The ordinance was approved Dec. 15, 2009.

Toledo’s City Council approved a ban on text messaging while driving in city limits on Nov. 24. Texting behind the wheel is now a primary offense, meaning police can pull over drivers for that reason alone. Mayor Carty Finkbeiner proposed the anti-texting law in August. The law took effect on Jan. 1, 2010.

Summit County has approved a ban on text messaging for all drivers. It is the first country texting ban in Ohio, but it does not include Akron. The anti-texting law, which calls for $150 fines, was voted in on Oct. 19, 2009.

The city of Huron has prohibited texting while driving. Fines start at $150 and take effect in mid-August 2010.

The city of Bexley began enforcing its ban on text messaging while driving on Oct. 21, 2009. The City Council outlawed texting behind the wheel on Sept. 22. As of March 2010, no citations had been written.

North Olmsted adopted a text messaging while driving ban, to go with its handheld cell phone law. The unanimous vote in favor came on Oct. 6, 2009.

At a March 24, 2009, hearing for the proposed Cleveland ban on texting while driving, Councilman Mike Polensik said text messaging wasn’t a priority in his part of the city: “I would be happy if the hoodlums were texting each other rather than robbing people out on the street.”

Cleveland’s safety director, Martin Flask, said: “This is as much about public awareness as it is enforcement.”

The citizens of Bowling Green actually got to decide their cell phone fates: A vote on whether to ban yakking while driving was cast in May 2009. “I don’t think you could go wrong with the public making a decision,” a city councilman said after the Sept. 16 vote on the vote. “I’ve just got this feeling it’s going to put the community at odds,” the sole opposing representative said. The anti-text messaging measure in Bowling Green was defeated by a clear majority.

Previous cell phone/texting legislation:
HB 425 from the 2007-2008 session would have prohibited drivers from text messaging. It was last seen in committee.

The cell phone industry wasn’t protesting HB 425: “We certainly wouldn’t take issue with that legislation,” said Joe Farren of CITA-The Wireless Association, the wireless industry lobby in America. “We don’t think anyone should be text messaging while they drive. Public safety is a constant and primary issue here.”

Distracted driving dangers, up close

Cell phoning while driving is the best-known behavior categorized as distracted driving, but there are countless other dangerous things people routinely do behind the wheel.

The National Safety Council’s International Symposium on Distracted Driving, Oct. 14-17 in Arlington, Va., examines the problem with participants from the fields of transportation and safety, the auto business, science and government, among others.

“Distracted driving contributes to hundreds of thousands of injuries and deaths each year,” said Janet Froetscher, NSC’s president and CEO. “People who drive while talking on a cell phone, for instance, are four times more likely to be involved in a crash than drivers who aren’t on cell phones.

“This symposium will accelerate critical conversations about how we can most effectively combat distracted driving as a national issue, drawing from a variety of perspectives to save lives,” Froetscher said.

The broad topic of distracted driving often enters legislatures’ debates on bills that seek to prohibit handheld phone use while driving. Behaviors such as applying makeup, reading newspapers, attending to young children and even watching videos are examples of distracting driving. “Will we ban these activities in vehicles as well?” cell phone law opponents often ask.

Sessions include “Understanding the Science of Distracted Driving,” “Legislature and Laws,” “Employer Policies” and “Technology.”

The symposium’s co-sponsor is Nationwide Insurance.

“It is high time to focus public attention on this serious and growing national problem,” said Bill Windsor, associate vice president of safety for Nationwide. “The symposium will yield information that may benefit everyone who drives.”

South Carolina: Cell phone laws, legislation

Cell phone, texting news: A bill that would ban text messaging while driving in South Carolina was making its way through the full Senate last spring. The sponsor is Sen. Jake Knotts, R-Lexington.

The state capital city of Columbia gave final approval to a ban on texting while driving on March 29, 2011.

Current prohibitions:

• No limits on cell phone use or text messaging.

2011-2012 distracted driving legislation:
House Bill 4451: Would outlaw text messaging while driving. Fines up to $100 plus $25 surcharge and 2 points against driver’s license. Also provides for felonies: If serious injury occurs as a result of texting, fines up to $5,000 plus possible imprisonment. If death occurs, up to $10,000 plus imprisonment. Approved by an Education and Public Works subcommittee on Feb. 3. (Bowen)

HB 3115: Seeks to outlaw text messaging and use of electronic reading devices by drivers. Fines from $200 to $2,500 with the possibility of imprisonment. Graduated penalties also include points and license suspensions. Causing injury or death could bring prison terms of up to 20 years. (Gilliard)

HB 3119: Would prohibit text messaging while driving — reading, writing, sending. Fines of $25. For school bus drivers, first offense fine $250 plus loss of bus-driver certification for a year. For subsequent violations (or cases of severe injury or death), $500 plus permanent loss of certification. (McEachern)

HB 3160: Would outlaw use of handheld electronics devices while driving. Fine of $125 plus two points against license. (Sellers)

HB 3542: Seeks to ban use of handheld electronic communications devices while driving, including cell phones. Hands free OK. Fines up to $500 with possible jail time. (Hart)

Senate Bill 225: Would outlaw text messaging while operating a motor vehicle that is in motion. Penalties (as amended on March 24): $20 fine and a $25 “trauma” surcharge. Second offense, $25 plus $25 and two points against driver’s license. For a third offense, $75 plus $25 and four points against license. Amendment by Judiciary Committee allows first-time violators to take a driver’s education course and then pay only a $10 fee. Approved by the Judiciary Committee on March 3. Latest legislative action: Amended by Senate on March 24 to change penalties. (Knotts)

SB 59: Would prohibit driving carelessly as a result of being distracted. Does not ban text messaging or cell phone use. Behaviors possibly leading to “driving carelessly” include grooming, interacting with passengers or pets, use of computer, using a mobile phone or communications device. $50 fine, no points. Referred to a Judiciary subcommittee on March 7. (L. Martin)

SB 1091: Would allow municipalities to require hands-free devices for those using wireless communications devices while driving. (Jackson)

Distracted driving notes:
The original SB 225 called for points against the driver’s license on all convictions. As amended March 24, the bill uses a tiered penalty scheme, with no points for the first violation, two for the second violation (within five years) and four for the third and subsequent offenses.

Sen. Rankin, R-Horry County, predicts some kind of handheld cell phone law in 2011: “Perhaps not exactly the way I want it, but there’ll be some statewide statement precluding the unfettered use of a cell phone.” His failed SB 954 of 2009-2010 would have required hands-free attachments for drivers wanting to use their cell phones. Teens drivers would have been prohibited from using any wireless telecommunication device.

Sen. Larry Martin, R-Pickens, says that while his SB 19 wouldn’t outlaw specific behaviors, “it would encourage folks to not engage in activity such as texting (or) talking on a cell phone in a distracted manner.” Or kissing.

The city of Columbia has become the biggest city in South Carolina to adopt its own texting ban. The ban was approved by the City Council in a first reading March 3 and again on March 29. Fine: $100 (up to $237 with fees). Police are onboard: “The distractions are so apparent, almost to the event of being a DUI,” Chief Randy Scott said in late March. When people are texting, “it’s very noticeable.”

South Carolina’s largest newspaper, the State, editorialized on March 9: “Should the Legislature fail to act, it only makes sense for other local governments to join Columbia and others in banning texting while driving. … There’s no reasonable or acceptable excuse for lawmakers to allow people to continue to send and read texts while they’re driving.”

Distracted drivers caused 17 deaths in South Carolina during 2009, according to the state Department of Public Safety.

Clemson Mayor Larry Abernathy says he’s happy the city banned text messaging in 2010. “If we waited for the General Assembly to make things safer for the citizens of Clemson, we’d be waiting a long, long time,” Abernathy told the State web site. Camden’s mayor also sang the praises of the texting ban enacted there last year.

2009-2010 legislation (all dead):
South Carolina House Bill 4282: Would prohibit texting and use of hand-held phones on South Carolina roads and highways. Fine of $25, no points. The House approved the bill (91-18 vote, March 11) and sent it to the Senate, where it died in committee. (D.C. Smith)

South Carolina Senate Bill 642: Would prohibit texting and use of hand-held phones while driving. For drivers under the age of 18, would outlaw use of cell phones or other wireless communications devices. Approved by the Senate Judiciary Committee on Feb. 16. “Debate was interrupted by adjournment” (T. Alexander)

SB 954: Would ban drivers over the age of 18 from using cellular phones or wireless devices without a hands-free device. Drivers under 18 would be prohibited from using cellular phones or wireless devices entirely. Calls for secondary enforcement. Died in the Senate Transportation Committee. (Rankin)

HB 4259: Would outlaw text messaging while driving on South Carolina’s roads. Provides for fines from $250-$2,500, imprisonment from 30 days to 20 years (in case of death) and 2-4 points against the driver’s license. Never considered. (J.E. Smith)

HB 4206: Provides for introduction of cell phones as evidence in civil cases resulting from accidents that were allegedly caused by drivers who were cell phoning or text messaging. Never considered. (G.R. Smith)

SB 970: Would prohibit sending or reading of text messages while driving. Calls for secondary enforcement, meaning officers would need another reason to stop violators. Fines of $25. Never considered. (Bryant)

HB 4189: Would outlaw text messaging while driving. Also bans reading of print materials. Provides fines of up to $10,000 (for third violations), plus possible prison terms and license suspensions. For causing a death while text messaging, a prison term of up to 25 years is proposed. Law officers may seize and review drivers’ cell phones for evidence of texting. Never considered. (Bowen)

HB 4190: Would ban use of handheld communications devices while operating a motor vehicle on South Carolina roads. Calls for fines of $125 and assessment of 2 points against the driving record. Never considered. (Sellers)

SB 991: Would ban text messaging by all drivers. Never considered. (Rose)

2010 legislation notes:
HB 4282, which sailed through the House, was amended to lower its fine to $25. The original measure called for $100 fines and 2 points on violators’ drivers licenses.

Rep. Don Bowen, R-Anderson, is the sponsor of South Carolina House Bill 4189, which could be the strictest text messaging legislation seen to date. The provision that allows law officers to seize cell phones and examine them on the spot is sure to attract civil liberties resistance. Prison terms for distracted driving are rarely included in similar legislation, but each instance of texting while driving brings the possibility of incarceration under Bowen’s text messaging proposals.

Clemson’s ban on text messaging and driving went into effect June 1. Clemson’s City Council voted unanimously for the law on Feb. 15 after initial approval on Feb. 1. Fine is $100 plus court costs. Clemson’s mayor originally wanted a ban on hands-free cell phone use as well as text messaging. This was the first city in South Carolina to ban texting while behind the wheel.

Camden’s ban on texting while driving has gone into effect, with tickets costing as much as $250.

Charleston’s mayor pushed for an ordinance that would ban texting in city limits.

Mount Pleasant decided to retreat on a plan for a ban on texting and driving, with the Town Council returning the measure to the judicial committee on April 13. The move came after a public hearing in which three of five residents opposed the ban.

South Carolina’s Department of Transportation and Department of Public Safety have banned text messaging while on the job. The move affects about 6,500 staffers.

2008-2009 legislation (expired or defeated)

HB 4501 and SB 1133 (identical): Prohibits drivers from using cell phones unless hands-free devices are employed. Includes PDAs, pagers and “another wireless communication device.”

SB 402: Would allow municipalities to limit drivers’ cell phone use to hands-free operation.

Legislation notes (2008-2009):

The state House on April 30, 2008, sent back to committee a bill by Rep. Lanny Littlejohn, R-Spartanburg, that would have prohibited teens with restricted licenses from using cell phones or texting while driving.

“The House just isn’t ready for this kind of legislation,” Littlejohn told the Island Packet. “I think, subconsciously, they’re afraid that the bill would eventually lead to cell phones being banned outright for all drivers.”

The debate touched on hand held phones vs. hands-free devices: “It’s illegal to put a phone up to their ear, but it’s perfectly legal for them to go down the road with a Bluetooth in their ear?” asked Rep. Mick Mulvaney, R-Indian Land.

In September ’08, the Beaufort City Council was in the process of adopting a ban on use of cell phones by drivers unless they use a handheld device. The council acted because of a lack of statewide action. The ordinance would be enforced if the driver has been in an accident or has been pulled over for another offense.