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: The 2010 West Virginia Legislature will consider bans on text messaging and the use of handheld cell phones while driving. A key bill emerged from an Interim Joint Committee in December 2009. Most bills regarding texting call for secondary enforcement. House members reportedly want the 2010 legislation to emerge from the Senate.

Current prohibitions:
Drivers with learner’s permits or intermediate licenses are prohibited from using cell phones while driving (primary offense).

School bus drivers may not use cell phones while operating the vehicles.

Cell phone, texting legislation (2010)
An Interim Joint Committee on Roads and Transportation has 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 after a good deal of debate.

Bill author Delegate Nancy Guthrie, D-Kanawha, wanted primary enforcement for both offenses, but said she was “realistic enough to know that this is a start.” Guthrie saw her bill on texting and cell phoning die on the last night of the 2009 regular session.

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: The House voted March 24 to ban text messaging while driving in Ohio. The Senate is considering similar legislation.

Current prohibitions:

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

Pending 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 Council has voted to ban texting while driving. Councilman Chris Bortz’s motion requires the city administration to draft an ordinance for the council. It apparently will be modeled after the ban in Columbus. The motion was OK’d in the public safety committee on June 29 and by the City Council the next day. “It’s a question of safety on the streets; it’s not rocket science,” said 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.

Delaware, Ohio, has banned text messaging and use of the Internet while driving. Fines $150. The ban takes effect 30 days after the June 29, 2010, vote.

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.

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.

New Albany began consideration of a ban on text messaging behind the wheel in March.

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. The law is slated to go into effect April 1. 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 Cincinnati was considering a plan to ban texting while driving, authored by Councilman Chris Bortz. Fines for text messaging while driving in Cincinnati would range from $100 to $500. The plan was opposed by the Council’s law committee on Aug. 4, with the usual enforcement and personal freedom concerns cited. Sponsor Bortz says he’ll try to get enough votes to bring the measure before the full Council. (Update: No Cincinnati ban was approved in 2009 and Bortz continued his campaign in 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.

The city of Niles has approved a first reading of a ban on driving while using handheld cell phones.

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 wass\n’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: The South Carolina House approved a ban on text messaging while driving March 11. The bill was sent to the Senate, where a panel advanced a separate distracted driving bill.

Current prohibitions:
No limits on cell phone use.

2009-2010 legislation:
HB 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 was assigned to a transportation subcommittee. (D.C. Smith)

South Carolina Senate Bill 642: 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. (T. Alexander)

South Carolina House Bill 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 (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 (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. (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. (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. (Sellers)

SB 991: Would ban text messaging by all drivers (Rose)

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. In the Senate Transportation Committee. (Rankin)

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 is pushing through 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.