Georgia: Cell phone laws, legislation

Cell phone legislation news: Enforcement of Georgia’s new distracted driving laws is under way. The bans on text messaging while and cell phone use by drivers under 18 are in effect and bringing $150 fines as of Aug. 1.

Current prohibitions:

• Text messaging banned for all drivers. Fines of $150.
• Drivers under the age of 18 prohibited from using cell phones, regardless of whether a hands-free device is attached. Also bans computer use. Fines of $150.
• School bus operators prohibited from using cell phones while driving, if passengers are present.

2010 session legislation (successful):
SB 360: Would outlaw text messaging and related activities on cell phones while driving. Specifies the ban would not apply to cell phone calls. Fine $150. Also would prevent young drivers with instructional licenses from applying for a regular license if guilty of two texting violations in a year. Approved by the Senate on March 18. Approved by the House (131-19 vote) on April 27 and sent to the governor. Signed by the governor on June 4. Took effect July 1. Latest action: After a one-month delay in writing tickets, enforcement began Aug. 1. (Murphy)

HB 23: Would prohibit drivers with restricted licenses who are under 18 from using wireless devices such as cell phones and texting units. Fines up to $150 plus possible license suspension. If driver is found at fault in an accident, fine would double and license would be suspended. Approved by the Georgia House on March 12, 2009, but stalled in the Senate after a second reading in March 2009. “Recommitted” in Senate as of Jan. 11, 2010. Approved by the Senate (47-0 vote) on April 27. Signed into law by the governor on June 4. Went into effect July 1. Latest action: After a one-month postponement, enforcement began Aug. 1, 2010. (Ramsey)

More 2010 session legislation:

HB 938: Would restrict all drivers from text messaging. Drivers under 18 also prohibited from using cell phones while driving. Fines $50 to $100 plus two points. If driver is found at fault in an accident while texting, fine would double and license would be suspended. Under-18 drivers would lose license for 90 days on first offense, then six months. Directs law officers to note use of wireless communications on accident form. Approved by the House on March 26 in a 134-31 vote. (Peake)

Georgia House Bill 945: Would outlaw use of cell phones and related texting devices by all drivers while operating a motor vehicle on state roads and highways. Fines up to $300. (Amerson)

HB 944: Would prohibit drivers from texting and emailing. Fines up to $300. (Amerson)

HB 940: Limits students’ use of electronic devices, including cell phones, while on a school bus. Drivers are already barred from using cell phones. This bill’s main target is bullying. (Hugley)

SB 306: Exempts hands-free devices such as Bluetooth headsets from the state law prohibiting use of headphones while driving. Passed by the full Senate on Jan. 28, 2010. (Heath)

SB 327: Sseeks a ban on text messaging and using handheld cell phones while driving. Primary enforcement. Fines $175 then up to $500. One driver’s license point, then two. (Thompson, Thomas)

2010 legislation notes:
Enforcement of the Georgia distracted driving laws that went into effect July 1 was delayed until Aug. 1 due to an “administrative decision” by the Georgia Department of Public Safety. Violators are now subject to $150 fines.

Suspense hung over the text messaging and cell phone laws approved by Georgia’s Legislature as the governor fretted over enforcement issues. Safety advocates and students lobbied successfully in the final days of the legislative session for him to sign the bills. Gov. Perdue said June 2 of the SB 360 texting ban: “I’ve got some concerns over the enforceability of that. … None of this business is black and white.”

Rep. Allen Peake, who sponsored similar legislation, said that Perdue had threated a veto but saw the light: “I think you have to look at it from this standpoint. The benefits significantly outweigh the negatives and the concerns about law enforcement.”

State media reported that Perdue cut a deal with lawmakers that his concerns about enforcement would be addressed via new legislation next year. “Therein lies a potential problem,” the Athens Banner-Herald editorialized June 8. “It’s certainly possible that, in addressing Perdue’s concerns, lawmakers could cause additional confusion. … (They) might be well advised to leave well enough alone when it comes to the new law on texting while driving.” (Perdue will not be in office in 2011.)

The successful measure SB 360 also is known as the “Caleb Sorohan Act for Saving Lives by Preventing Texting While Driving,” in memory of a Dahlonega teen killed in a texting-related crash. The bill notes that “virtually every driver in Georgia now possesses” a cell phone.

Rep. Amos Amerson, R-Dahlongea, says he was inspired to file the anti-text messaging Georgia House Bill 944 by friends who lost their grandson in a texting-related accident over the holidays.

Sponsor Sen. Jack Murphy, R-Cumming, said: “My bill started out just to ban teenage texting, but as we went on, we got more feedback from constituents saying, ‘Hey, why doesn’t this apply to adults?’”

A driver who was cited for driving while using a hands-free headset inspired SB 306, which modernizes the Georgia law against the wearing of headphones while operating a motor vehicle. Sponsor Sen. Bill Heath, R-Bremen, saw his bill become the first legislation passed by the Senate in the 2010 session. “Drivers who want to be safe on the road and use hands-free devices should not be penalized for using good judgment,” he said. The law predated widespread use of wireless telecommunications devices.

2009 legislation (inactive)
HB 19: Would create distracted driving penalties for motorists who were using cell phones at the time of an accident, with or without hands-free devices. One-point penalty and up to $500 fine upon conviction. Appears dead.

HB 21: Would ban drivers with learning permits (instructional or provisional) from using cell phone, with or without hands-free devices. One-point penalty upon conviction. No action — see HB 23.

Georgia cell phone/texting legislation notes:
“It doesn’t matter if you’re a teenager or an adult. You’re still dangerous to other people,” says Rep. Amos Amerson, R-Dahlonega, whose HB 945 would ban texting by all drivers regardless of age.

Senate Majority Leader Chip Rogers, R-Woodstock, says he’ll “be happy to look at” evidence showing text messaging while driving is dangerous. He plans to focus on property tax issues in 2010.

HB 23, which was approved in the House on a 138-34 vote, calls for fines of $50 to $100 and two points on the offender’s driving record. An accident caused by a teen using a cell phone would result in a loss of license for three months or until the driver turns 18.

HB 23 was sponsored by Reps. Matt Ramsey of Peachtree City, Edward Lindsey of Atlanta and Tom Rice of Norcross (all Republicans). “If the law is enacted and proves successful, it will bolster the case for further efforts to reduce distractions among all drivers,” Ramsey wrote on his legislative blog. Of a ban on handheld cell phones for all drivers, he wrote, “I would not be optimistic it would pass this year.”

Cell law inspiration: Ramsey notes he was run off the road by a high school student talking on a cell phone while driving.

Rep. Mary Margaret Oliver, D-Decatur, has been a driver of cell phone driver legislation in Georgia. She filed the bills HB 19 and 21 for the 2009 legislative session, but they were not approved. Her HB 174, banning use of cell phones by teen drivers, also failed to become law in 2007.

Georiga’s law preventing school bus drivers from using cell phone while on the road was enacted in August 2007.

Kansas: Cell phone laws, legislation

Cell phone, texting news: A ban on text messaging while driving has been signed into law by Gov. Mark Parkinson. The ban goes into effect Jan. 1, 2011.

In 2009, Kansas approved its first restrictions on cell phone use while driving (below). No cell phone legislation advanced in the 2010 session.

Current prohibitions:

• Drivers with restricted licenses banned from using wireless communications devices.
• Text messaging outlawed for all drivers. Fine $60. (effective Jan. 1)

2010 legislation:
Senate Bill 300: Would ban text messaging while driving. (Originally only a vanity license plate measure.) Amended and approved by the Senate on May 10 and sent to the governor, who signed it into law on May 24.

Senate Bill 351: Would outlaw texting for all drivers in Kansas. Fine $100. Approved by the Senate Judiciary Committee on Feb. 16 and then by the full Senate on Feb. 19. (Emler/Committee on Ways and Means)

House Bill 2439: Would prohibit text messaging and related activities for Kansas drivers. $100 fine. (Sponsored by the Transportation Committee)

House Bill 2441 Seeks to ban text messaging and emailing by all drivers. (Appears identical to SB 351, above) (Committee on Appropriations)

2010 legislation notes
The Senate approved SB 300 in the late hours of the legislature’s final day. The ban on sending and receiving text messages while driving was added to a bill that originally made changes to Kansas’ vanity license plate operation.

During the full Senate debate on the anti-texting bill SB 351, an opponent called the plan “popular, but dumb.” Sen. Jay Emler, R-Lindsborg, who drafted the measure, replied: “I don’t give a rat’s rear about being popular. It was drafted to save lives.” The Senate’s vote of Feb. 19 was 34-6.

No one spoke against HB 2439 in its Transportation Committee hearing on Jan. 19. The Highway Patrol and the Peace Officers Association both spoke in favor of the text messaging ban for all Kansas drivers.

2009 legislation
HB 2143: Would ban holders of learner’s permits from using wireless communications devices while driving (part of larger bill addressing young driver safety). Signed into law by the Kansas governor in late March. Took effect Jan. 1, 2010.

HB 2132: Would prohibit the sending, writing or reading of text messages while driving.

Kansas cell phone/texting legislation notes:
HB 2143 (substitute), the teenage driving legislation, was approved by the Kansas Senate and House, and then signed by Gov. Kathleen Sebelius in late March. The cell phone ban was one of several new restrictions on young drivers in the legislation. The teen cell phone ban went into effect Jan. 1, 2010. This is the first move by Kansas to restrict cell phone use by drivers.

The Topeka Capital-Journal endorsed the proposed text messaging ban HB 2132, saying, “One aspect of the bill we particularly like is that it treats minors and adults equally, unlike some other attempts to regulate the use of cell phones while driving.” The proposed fine for unlawful texting would be $60.

In Kansas, cell phone-related accidents killed seven people and injured 161 in 2007, according to the state Department of Transportation.

A Kansas University professor reports that 72 percent of the 321 KU students surveyed said they texted while driving.

Lawrence, Kan., received national attention in 2006 for a proposed ban on use of cell phones by drivers. The plan died in committee.

Recent cell phone/texting legislation
HB 2706: Would have required that “no person while driving a motor vehicle shall be so distracted as to interfere with the safe operation of such motor vehicle. Activities include using personal communication technologies.” Last seen in committee.

HB 2705: Would have prohibited text messaging while driving. Last seen in committee.

HB 2118 would have required hands-free devices for drivers (2007). Died in committee in May 2008.

Washington state: Cell phone laws, legislation

Cell phone/texting news: Texting and using handheld cell phones while driving targeted with “primary enforcement” as of June 10, 2010. The Washington state House and Senate butted heads over the plan to toughen existing distracted driving laws, but the measure finally was approved and signed by the governor.

The 2008 distracted driving law has lowered the number of accidents attributed to handheld electronic devices, the State Patrol says.

Current restrictions:

• Drivers are prohibited from holding cell phones and other wireless communications devices to their ears.
• Drivers are prohibited from text messaging.

2010 legislation:
Washington State Senate Bill 6345: Would make text messaging and holding a cell phone to the ear while driving primary offenses, toughening the existing state law. Also would prohibit drivers with instruction permits or intermediate licenses from using cell phones or text messaging. Fine of $124. Companion bill to HB 2635, below. Approved by the state Senate on Feb. 5, 2010, and then by the House Transportation Committee on Feb. 24. Approved by the full House on March 3, but without the primary enforcement status for adult cell phone violations. On March 6, the Senate rejected the House’s watered-down version of the bill and sent it back to representatives. The House agreed to the Senate’s version on March 11 and the measure was signed Gov. Chris Gregoire on March 26. Latest action: Primary enforcement of the Washington state distracted driving law began June 10. (Eide)

Washington State House Bill 2635: Companion bill to SB 6345, above. Fine of $124. Heard in House Transportation Committee on Jan. 18. (Carlyle)

Washinton cell phone, texting notes:
An insurance company poll of Washington state drivers found 83 percent supported the current $124 fine for texting while driving or thought it should be higher. Only 11 percent thought the fine was too high. The poll by PEMCO reported that up to 80 percent of the state’s drivers are unaware that distracted driving tickets are not part of their driving records. “Perhaps that’s not a bad misperception, if it discourages almost half of all drivers from texting and talking,” a PEMCO spokesman said Aug. 18.

The Washington State Patrol said it issued 670 tickets to distracted drivers in the 20 days after the tougher penalties went into effect June 10, 2010. Cell phone use brought 633 tickets and texting resulted in 34. About 500 warnings also were issued in that period.

State Sen. Tracey Eide, D-Federal Way, saw her bill approved by the Senate and House, but the upgrade to primary enforcement for violations of the adult cell phone ban initially was defeated in the House. Representatives reconsidered on March 11 and the plan went to the governor, who signed it March 26.

“I’ve fought for this for 10 years, and sometimes I thought this day would never come,” Eide said after the bill cleared the Legislature. “Maybe now people will pay attention to their driving instead of their conversations.”

Eide led the Senate in rejecting the House’s new version, in an unusual Saturday session on March 6.

After the Senate passed SB 6345, she said: “It’s becoming an epidemic, people are not paying attention, and it’s extremely serious.” The vote was 33-15.

Eide sponsored the state’s 2008 hands-free law for cell phone use.

In 2009, more than 1,600 tickets were written for violations of the handheld cell phone ban, the state patrol said. About 230 people received tickets for texting while driving.

Eide’s bill also would cover primary enforcement for text messaging while driving and eliminate cell phone use entirely for drivers with learners permits or intermediate licenses. has the companion bill, HB 2635.

During SB 6345 debate in the Senate Transportation Committee, a student crossing guard testified as to the dangers of his job due to adult drivers distracted by their cell phones.

“Studies show that texting drivers are as dangerous on the road as drivers with a blood-alcohol level of .16 — twice the legal limit,” Eide said in a statement. “When you consider that two-thirds of teen drivers say they text and drive, we’ve got a critical public-safety issue on our hands. We need to strengthen our laws.”

In testimony before the House Transportation committee on Jan. 18, HB 2635 sponsor Rep. Reuven Carlyle, D-Seattle, said: “In Washington state, 97 percent aware (driver cell-phoning and text messaging are) against the law, but it is flouted because it’s a secondary offense.” State Patrol Chief John Batiste testified in favor of the bill, likening the offenses to drunk driving.

The text-messaging ban went into effect Jan. 1, 2008. The hands-free law became effective July 1, 2008, the same day as California’s heavily publicized cell phone driving law.

The fine for using a cell phone without a hands-free device is $124, but drivers must have committed another infraction to get that ticket. (See 2010 legislation, above.)

One year after the cell phone driving law took effect, the State Patrol reported these numbers: 4,939 drivers were stopped for use of handheld cell phones and 1,659 were ticketed. The majority of stops resulted in warnings. For text messaging, the State Patrol said 577 drivers were pulled over and 221 tickets were written. The number of collisions attributed to use of handheld devices fell from 1,118 (2007) to 827.

The 2009 Legislature adjourned on April 26, 2009. No bills concerning cell phones or text messaging were considered.

Washington state drivers’ attitudes about the cell phone driving law are being tracked by the insurance company PEMCO. In February 2008, before the law went into effect, a poll of drivers found that 60 percent of them believed motorists’ use of a handheld cell phone should be a primary offense. Three months after the law took effect, 50 percent replied that should be a primary offense.

“Perhaps not surprising, younger drivers are significantly more likely than their older counterparts to prefer that the law remains a secondary offense,” the PEMCO pollsters reported. “For their part, younger drivers are also more likely to admit that they talk on the phone only if they don’t see a law enforcement person nearby (19 percent versus 4 percent).”

Texting law leader: Washington was among the first six states to outlaw text messaging while driving. As of summer 2009, 14 states have adopted texting bans for motorists.

The prohibition of using hands for cell phone use while driving was signed by the governor in May 2007.

Wisconsin: Cell phone laws, legislation

Cell phone, texting update: Wisconsin’s ban on text messaging has been signed into law by Gov. Jim Doyle. Wisconsin is the 25th state to outlaw texting while behind the wheel.

Current prohibitions:

• None, but the state outlaws distracted driving, or “being so engaged or occupied as to interfere with the safe driving of that vehicle.” The fine is $173 and 4 points.
• Text messaging oulawed for all drivers (effective December 2010). Fines from $20 to $400.

2010 legislation:
Wisconsin Assembly Bill 496: Would outlaw text messaging while driving. Fines from $20 to $400 (formerly $100-$800). The Assembly Transportation Committee voted 12-0 to approve the bill on Nov. 10, 2009. Approved by the full Assembly on Jan. 19, 2010, and sent to Senate, which amended and signed off on the bill April 13. Final approval came in the Assembly on May 4 and AB 496 was sent to the governor, who signed the legislation May 5. (Barca)

Wisconsin Senate Bill 103: Would prohibit use of text messaging devices while driving on state roads and highways. Approved by the state Senate in a 27-5 bipartisan vote on Oct. 20, 2009. The Assembly approved its version, AB 496, above, on Jan. 19. (Lasee)

AB 341: Would prohibit any under age 18 who is driving under an instruction permit or probationary license from using a cell phone of any kind, or other wireless telecommunications devices if they are not installed in the vehicle. Last seen in Assembly Rules Committee. (Pasch)

SB 91: Would ban school bus drivers from using cell phones or other wireless communications devices while transporting students. Approved by the Senate Transportation Committee in a unanimous vote on Sept. 16, 2009, and sent to the Rules Committee. (Carpenter)

SB 355: Seeks to outlaw text messaging while driving. Sent to Senate Transportation Committee on Oct. 16, 2009. (Lehman)

Wisconsin cell phone legislation notes:
Rep. Peter Barca, D-Kenosha, saw his anti-text messaging legislation AB 496 approved by the full Assembly in an 89-6 vote on Jan. 19. The Senate passed its version, SB 103, in October. Fines and penalties are the only differences of note between the two bills.

“We don’t foresee a problem with the Barca bill,” a spokeswoman for state Sen. Russ Decker, D-Weston, told the Wisconsin State Journal in a story on the text messaging bill passage.

Assembly Majority Leader Tom Nelson, D-Kaukauna, made it a priority to schedule a vote on the text messaging bill AB 496 when the 2010 session began.

The Wisconsin teen-driving bill, AB 341, would bring fines of up to $40 for a first offense and up to $100 for subsequent violations in the same year. Sponsor Rep. Sandy Pasch, D-Whitefish Bay, is not in favor of expanding the bill to include all drivers. “Many people are still reluctant to give up their cell phones, despite the evidence.” The bill received an Assembly committee hearing on Sept. 10, 2009.

The text messaging bill SB 103 would bring fines of between $100 and $400 for first offenses; between $200 and $400 for subsequent offenses; and between $300 and $2,000 for causing bodily harm while texting. 30-day jail terms could apply for injury accidents. State Sen. Alan Lasee, R-De Pere, is the sponsor. The bill was approved by the transportation committee on July 17, 2009. Lasee agreed to change the bill to include just drivers under 18, but Republicans pushed for the plan to cover all drivers before passage on Oct. 20. The text messaging ban was sent to the Assembly and approved by its Transportation Committee.

A similar bill on driving while text messaging — SB 355 — passed the Senate but ultimately failed last year.

“It does not take a rocket scientist to come to the conclusion that text messaging is one of the most dangerous things that one can do while driving,” Lasee has said. “This is no different than writing out Christmas cards to your family while driving down the road, and it is an accident waiting to happen.”

The city of Black Rock is considering a ban on cell phone use for all drivers.

State Rep. Jerry Petrowski, R-Marathon, has three times proposed bans on teenage drivers using cell phones and text-messaging devices.

Here’s a scary one: Two teenage girls in the Town of Rietbrock were both cited for driving while drinking and text messaging. They crashed their car and it rolled over. Apparently the passenger was steering while the driver text messaged.

Regional ordinances
Waupaca County has banned handheld cell phone use by drivers and text messaging, but the sheriff has refused to enforce the mobile phone ordinance. “I think the right way to go about it is statewide,” Sheriff Brad Hardel said. “I would prefer to use it as a warning and educational device at this point.”

The city of Kenosha has banned text messaging while driving. The ordinance was approved in November 2008.

Illinois: Cell phone laws, legislation

Cell phone legislation news: A new law banning text messaging while driving in Illinois went into effect Jan. 1, 2010. Chicago’s City Council increased fines for talking on a handheld cell phone while driving. The fine for cell-phoning and causing an accident jumped to $500.

Current prohibitions:
Drivers under the age of 19 are prohibited from using wireless phones while driving — with or without hands-free devices.

All drivers prohibited from text messaging and related activities such as emailing and Internet use.

Motorists prohibited from use of cellular phones in school speed zones and construction/road maintenance zones.

School bus operators prohibited from using cell phones while driving if passengers are present.

In Chicago, all drivers talking on mobile phones must use hands-free devices. Text messaging prohibited while driving.

2010 cell phone/text messaging legislation:
HB 4937: Would expand the Illinois ban on text messaging while driving to include talking on handheld cell phones. Operation with hands-free accessories OK. (Beaubien)

HB 5454: Seeks to amend the text messaging law to include a ban use of all non-standard electronic communications devices such as handheld cell phones, text messaging devices, PDAs. Hands-free allowed. (May)

SB 3199: Would rewrite law related to school bus drivers to mandate they carry an active cell phone or have a working two-way radio while on the job, for purposes of communicating with school officials. (DeLeo)

HB 6073: Companion to SB 3199, above (Fritchey)

HB 5120: Simiar to SB 3199, above (Rose-Eddy)

HJR 0097: Joint resolution that would direct state police to compile statistics on cell phone use and accidents, and asks police to note cell phone use while reporting accidents. (Bradley)

2010 cell phone/texting legislation notes:
Evanston’s City Council has approved a ban on the use of handheld cell phones and text messaging while driving. Fines $50-$200. The Feb. 8 council vote was unanimous. Alderman Jane Grover said Jan. 5, 2010, that the intent is “to make our ordinance more seamless with Chicago’s.” She added later: “I’ve been thinking about it for years. Every time I drive in Chicago I put the phone away,” she said.

Parents picking up kids are confused by the state’s new ban on use of handheld cell phones while driving in school zones, according to the Chicago Tribune. Schools have been notifying parents and police appear to be mostly issuing informal warnings. The city of Oregon announced a crackdown on Feb. 23.

The statewide ban on texting while driving has not yielded a citation in the counties of Morgan, Scott, Greene, Brown and Schuyler, the Journal Courier reported March 8. Prosecutors blamed the lack of a handheld cell phone ban because texting and entering a number on a cell phone look the same from outside a vehicle.

2009 legislation:
Illinois House Bill 71: Outlaws text messaging while driving. Texting permitted if the vehicle is stopped in traffic. Fines are $75. Approved by the Illinois House on April 1, 2009, and by the Senate on May 19. Sent to the governor after final House approval on May 28. Signed into law on Aug. 6 and took effect Jan. 1, 2010.

Illinois House Bill 72: Would ban drivers from using cell phones in school speed zones and construction/road maintenance zones. Approved by the Illinois House on April 1 and by the Senate on May 19 and again by the House on May 28. Signed into law on Aug. 6 and took effect Jan. 1, 2010.

HB 349: Provides for “the offense of distracted driving,” including text messaging, reading a newspaper or map, applying make-up, etc. Bill apparently has been withdrawn by sponsor after unfavorable hearing in House on March 3.

SB 29: Would penalize drivers who text message behind the wheel.

SB 1299: Would create the offense of driving with a screen device operating. Applies to TVs, video monitors, portable computers that are in full view of the driver. (Silverstein)

2009 legislation notes:
Heard at the text messaging law signing: “It’s really bad that we have to legislate logic,” said Secretary of State Jesse White, a promoter of the measure. “Common sense would tell you that when your eyes are off the road, who’s driving?”

Park Ridge considered, and then dropped, plans for a city ban on the use of handheld cell phones while driving. Police told the City Council on Dec. 15, 2009, that it would be “bad public relations.”

The House legislation that would outlaw texting for Illinois motorists was approved 89-27 in the House and 45-6 in the Senate, which has a traffic safety-friendly president.

Rep. John D’Amico, D-Chicago, sponsor of HB 71 and 72, had predicted that distracted-driving legislation in Illinois would “get a lot of traction” this year.

“I think this is one small step toward eventually banning hand-held cell phones like they do in Chicago, I think that’s where we’re going,” D’Amico told the Chicago Tribune.

An unusual objection to Rep. Robert Pritchard’s distracted driving bill HB 349 was that police would use the law to pull over black drivers and harass them. Sen. Kwame Raoul, D-Chicago, raised the issue in committee and voted against the text-messaging bill when it came to the Senate floor, saying it was “an invitation for abuse.”

Fines for driving and using a handheld cell phone in Chicago were increased by the City Council panel on Feb. 11, 2009. The fine for talking without a hands-free device is $100, from $75. Drivers involved in crashes while holding cell phones will pay a fine of $500, up from $200. The new fines will “drastically reduce the use of cell phones,” Traffic Committee chief Patrick O’Connor said. The Chicago fines for cell phoning and driving take effect Feb. 21.

Rep. Robert Pritchard, R-Hinckley, of HB 349 told the State Journal-Register: “I think we need to do something to encourage people to be more attentive to the art of driving. It is not something that we can put on automatic pilot.”

SB 140, which prohibits young drivers and school bus drivers from using cell phones, went into effect Jan. 1, 2008.

Chicago’s ban on hand-held cell phone use by drivers took effect in the summer of 2005. The ban on text messaging while driving was added in October 2008. “Drivers need to keep their eye on the road, not the Internet,” said Alderman Edward Burke, author of the texting bill.

A legal challenge to Chicago’s ordinance was thrown out of court in July 2008. A lawyer sought to have all tickets voided and fines returned. The judge ruled city street safety justified the ordinance. Violations in Chicago bring $75 fines.

HB 4739, which would have required adult drivers in Illinios to use hands-free devices on cell phones, was tabled (killed) by sponsor Rep. William Black, R-Danfield, in March 2008.

In 2006, the House and Senate ordered a DOT study of cell phone distractions and their role in traffic accidents.

A hands-free bill also was tabled in the House in 2007.

Tennessee: Cell phone laws, legislation

Wireless legislation news: Enforcement of the Tennessee state ban on texting behind the wheel began July 1, 2009. A 2010 bill that would expand the sanctions to use of handheld cell phones has been filed in the House.

Current prohibitions:

• Text messaging prohibited while operating a motor vehicle in Tennessee.
• Drivers with learner’s permits or intermediate licenses are prohibited from using cell phones while driving.
• School bus operators prohibited from using cell phones while driving, if passengers are present.
• Installation or use of video monitors in a motor vehicle are prohibited if the intent is to provide entertainment or business content for the driver.

2010 legislation:
HB 2943: Would prohibit use of cell phones while driving in Tennessee unless a hands-free device is employed. Fine $50. (Sontany)

2010 legislation notes:
Almost a year after Tennessee’s ban on texting while driving went into effect, fewer than 100 tickets have been written by the state Highway Patrol.

2009 legislation:
SB 393: Would outlaw text messing while driving. Signed into law. History: Approved by the Senate in a 22-6 vote on April 23, 2009, and by the House on April 27 with amendments specifying exemptions such as police. The Senate approved the final text messaging bill on April 30 and sent it to the governor, who signed it into law on May 13.

HB 107: Would prohibit text messaging by drivers on Tennessee roads. Cites cell phones and PDAs. Same as anti-texting legislation SB 393. Approved by the House Transportation Committee on April 7, 2009, with a provision that the state post road signs warning of the ban. House substituted SB 393 for HB 107 (House version dead.)

HB 331: Would ban use of cell phones while driving unless a hands-free device such as a headset is employed. Same as handheld cell phone legislation SB 884.

Previous Tennessee legislation notes:
Tennesee’s new law prohibiting text messaging while driving comes with a $50 fine for violators with $10 court costs. It is a non-moving offense, with no points added to the driver’s license. Enforcement began July 1, 2009.

Rep. Jon Lundberg, R-Bristol, sponsor of the House version of the texting bill (HB 107), saw his bill delayed by two weeks in a transportation subcommittee. An opponent of the bill sought an opinion from the state attorney general, who replied that under current Tennessee traffic laws “an officer has the authority to issue a traffic citation to any driver who is operating a motor vehicle in an unsafe manner, regardless of whether such unsafe operation is caused by cell phone use, text messaging or any other activity that prevents the driver from exercising reasonable care in the operation of the vehicle.”

Sen. Jim Tracy, R-Shelbyville, saw his SB 393 approved by the Senate Transportation Committee on March 10. The anti-driving and texting legislation passed on a 6-1 vote. “I don’t think we can legislate against stupidity,” said the nay voter, Sen. Mae Beavers, R-Mt. Juliet.

Sen. Tracy, the author of SB 393, said earlier in the session: “From what I’ve heard from other lawmakers, I think we’re in good shape. I feel like it will pass this year. I think we have the momentum to do it.” His previous attempt died in subcommittee. Texting while driving would bring a maximum $50 fine and $10 court costs.

Tennessee Rep. Jon Lundberg, R-Bristol, saw his text-messaging bill send to a “special summer study committee” during the 2008 session, a move often used to kill legislation. He reintroduced the text messaging legislation as HB 107 for the 2009 session. Lundberg’s measure would have mandated a misdemeanor for any driver who wrote or read text messages. The fine would have been $50.

Columnist Gail Kerr wrote about the text messaging debate in the Tennessean: “Is a law necessary? Yes. People are driving stupid. Teens have died. If the state doesn’t tell them to stop it, they’ll keep doing it. … Let’s put it this way. Would you want to be driving on a narrow, twisting road when the driver on the other side of the yellow line is text messaging? Didn’t think so.”

Six graduate students at the University of Tennessee are lobbying along with the American Automobile Association for passage of bills banning handheld cell phone use and text messaging by drivers.

The ban on school bus drivers’ use of cell phones was enacted in 2003.

The ban on cell phone use by drivers with learner’s permits or intermediate licenses was enacted in 2005.

The video screen law was revised during the 2008 session.

Cell phone-related legislation that was either rejected or allowed to die in the 2008 Tennessee legislative session:

HB 2550 and SB 2726: Would have prohibited drivers from using cell phones without hands-free devices. (Also SB 2726, SB 3670 and HB 2550)

HB 2618 and SB 2669 (identical): Would have prohibited text-messaging while driving.

SB 0088 and HB 0045 (identical): Would have prohibited the use of a cell phones when passing through a school zone as children are coming and going.

Massachusetts: Cell phone laws, legislation

Cell phone, text messaging news: Massachusetts’ governor has signed into law distracted driving legislation. The new law prohibits drivers from texting while behind the wheel and bans use of all cell phones by drivers under age 18. It takes effect Oct. 1, 2010.

Current prohibitions:

• School bus operators barred from using cell phones while driving.
• Text messaging banned for all drivers, as well as other Internet-related activities (effective Oct. 1).
• Cell phone use prohibited for drivers under 18, as well as use of other mobile electronics (effective Oct. 1).

Active legislation in 2010:
Massachusetts Gov. Deval Patrick signed into law a ban on text messaging on July 2. The House and Senate’s compromise legislation was sent to the governor on June 25, after the Senate’s unanimous vote. The House vote two days earlier was 150-1.

A joint House-Senate panel on June 22 reached their compromise using the two driving safety bills approved in 2010. HB 4795 bans texting while driving, but does not prohibit the use of handheld cell phones for adults. (Read the new Massachusetts distracted driving bill/law via PDF)

The new law prohibits all drivers from texting while behind the wheel and bans use of all cell phones by drivers who are 16 and 17 years old. The young drivers are barred from using a variety of devices (TVs, video, PCs) under the heading “mobile electronic devices.”

Fines for adults: $100 (first offense), then $250 and $500. Fines for drivers under 18: $100 plus 60-day license suspension and youth traffic school (first offense), then $250 with six-month suspension and then $500 with a one-year suspension. Tickets are not moving violations and do not affect insurance premiums.

The new bill also requires a public awareness campaign for distracted driving issues, to begin Jan. 1.

There were significant differences in the distracted driving plans. Complicating the situation was the legislators’ different approaches to age-based testing for the elderly. That, too, was resolved.

The compromise, apparently, was the House dropping its ban on handheld cell phone use for adult drivers and the Senate agreeing to watered-down restrictions on elderly drivers.

The full House had passed a bill crafted by the Joint Transportation Committee that would ban texting and the use of handheld cell phones while driving. The measure also sought to prohibit drivers under age 18 from using cell phones of any type. Fines for violators $100/$250/$500.

In the Senate, a measure banning text messaging for all drivers was approved on March 2. (It cleared the Ways and Means Committee on Feb. 25.) The bill called for primary enforcement after criticisms of its previous plan for secondary enforcement. An amendment that would have included handheld cell phones to the texting ban was defeated 18-16. The bill would prohibit drivers under age 18 from using cell phones of any type with stiffer penalties than the House version. Fines $100/$250/$500.

The House bill is a “redraft” of HB 335, filed a year ago (Wagner). The Feb. 4, 2010, House vote was 146-9. Transportation Committee co-chairmen Rep. Joseph F. Wagner, D-Chicopee, and Sen. Steven A. Baddour, D-Methuen, unveiled the plan a week earlier, but it did not include the hands-free requirement for cell phone use. Wagner’s amendment to add a handheld cell phone ban to the House bill passed by a 91-66 count.

SB 2246: Legislation that would authorize the City of Boston’s ban on text messaging. (Petruccelli)

2010 legislative notes:
Gov. Patrick signed the distracted driving bill into law on July 2: “Texting is one of the riskiest distractions that endangers public safety and today we are joining other states by saying it will no longer be tolerated,” he said at the ceremony. The signing audience included people who lost family members to distracted drivers.

The Daily Hampshire Gazette editorialized: “While an important and overdue step to protect the public from distracted drivers, (the new texting law) falls short of what’s needed: A law that requires drivers to use hands-free mobile phone devices when driving. … For seven years the Legislature has debated the mobile phone issue. This was the year to make something happen.”

The Gazette also said of the ban on cell phones for the youngest drivers: “What makes it safer to talk and juggle a cell phone while driving at age 19 or 20 than at 17? Is there a notable improvement in judgment at 18? Written the way it is, the law makes cell phone use behind the wheel a rite of passage for 18 year olds a goal to aspire to. Is this really what the Legislature intends?”

(background)

House Speaker Robert DeLeo had vowed some kind of driver safety bill will pass during the 2010 session. “That’s not going to get lost in the end-of-the-year shuffle,” DeLeo told the AP.

The House’s Feb. 4 vote on the Transportation Committee bill included approval of an amendment that lowered its penalties on junior drivers. The measure now calls for suspensions of 7 days, then 30, then 90.

“This sends a message that texting while operating a motor vehicle in the Commonwealth will not be tolerated,” Rep. Joseph Wagner said after the Joint Committee on Transportation approved the composite bill to outlaw texting for all drivers as well as cell phone use by drivers under 18.

The Senate legislation calling for a text messaging ban was introduced Feb. 25. Its original restrictions on violations to secondary enforcement was due in part to concerns over racial profiling, the Senate president said. The bill as approved by the Senate on March 2 now calls for primary enforcement. Primary enforcement empowers police to pull over and cite drivers for that violation alone. With secondary enforcement, another violation is needed for a stop.

Sen. Mark Montigny, D-New Bedford, pushed for upgrades to the Senate’s texting plan that would add handheld cell phones and primary enforcement. He lost on the cell phones but succeeded with the enforcement status. “It’s unconscionable that we’re still debating this,” he said. “It’s time to put a law that’s as strong as any law in the nation.”

Both distracted driving bills (House and Senate) include plans designed to cut down on accidents involving elderly drivers. That issue has dominated debate on the bills.

The Massachusetts House and Senate are in session through July.

New Bedford approved a citywide ban on text messaging while driving on April 22. Fines are $100 (first offense/$200/$300. “It took us three months,” said City Council sponsor Steve Martins. “Our state lawmakers have been working on a bill for years … and they still haven’t decided.”

New Bedford parents are up in arms over a video that shows a school bus driver chatting away on a cell phone while transporting students.

Medford’s City Council gave final approval to its ban on text messaging June 15. Fines $100-$300. The new law’s sponsor said he was tired of waiting for action from the capital: “The state legislature’s inaction on this issue has really bothered me. … They just fell asleep at the wheel,” said City Councilor Michael Marks.

Boston’s City Council voted unanimously in December for a ban on texting while behind the wheel. The city has petitioned the state Legislature for home-rule approval (see SB 2246, above). The Council had a public hearing on the text messaging issue Dec. 7. “They say you can’t legislate common sense, but I this case I think we need to do something about it,” said Councillor John Tobin, the legislation’s author. He indicated the intent was to pressure the state Legislature to pass one of the many bills pending before it regarding distracted driving. The Legislature would have to sign off on a Boston-area ban on text messaging as a “home rule” petition.

The Boston texting ban would receive “primary” enforcement, meaning police can pull over violators for that reason alone. Fine range between $100 and $300.

The Boston transit agency (trolley, bus and train) has disciplined 18 workers for violations of the cell phone ban, 10 of them fired. (A second offense means termination.) The MBTA policy went into effect on May 18, 2009, after a subway crash was blamed on a text-messaging driver.

Quincy has voted to ban texting within city limits. City council president Kevin Coughlin, author of the legislation, says he has been hit twice by text messaging teenagers. Fines for the “primary offense” would be $100 first offense then $200 and then $300. The Quincy texting ban was approved by the City Council on Feb. 15, 2010, and sent to the Legislature as a request for a “home rule” exemption.

Note: The Massachusetts Legislature web site does not provide reliable status updates on current bills. Information presented here may be incomplete.

2009-2010 legislation:
HB 4795: Compromise distracted driving bill created by House and Senate negotiators. Replaces all texting and cell phone bills related to driving.

HB 3259: Would ban use of handheld cell phones by all drivers and any cell phones by junior drivers. (Koutoujian)

HB 3160: Would outlaw text messaging by all Massachusetts drivers. (Atsalis)

HB 4029: Would prohibit handheld cell phone use and text messaging by drivers with junior licenses. (Murphy)

HB 4015: Junior operators of motor vehicles would be banned from using cell phones and text messaging devices. (Alicea)

HB 3369: Would create a campaign to spread awareness of the dangers of text messaging while driving. To be funded by voluntary contributions from telecommunications companies. (Welch)

Legislative, legal roundup:
Senate budget bill: A ban on texting while driving was approved by the full Senate on May 21, 2009, as part of the overall state budget bill. The provision was stripped out after the bill went to a conference committee with the House, on the grounds that it had nothing to do with the budget.

Sen. Steven A. Baddour, D-Methuen, introduced the amendment. It also would have prohibited public transit operators from holding a cell phone while driving.

Note: The Massachusetts Legislature web site does not provide reliable status updates on current bills. Information presented here may be incomplete.

A legislative hearing on June 11 surveyed more than a dozen 2009 bills that would ban text messaging and/or limit cell phone use while driving. The Transportation Committee heard from the mother of a teen driver who died just after receiving a text message.

“Texting while driving has become the new drunk driving,” said Rep. Peter Koutoujian.”You can tell someone is on their cellphone just by the way they’re driving.”

Sen. Steven Baddour’s text messaging amendment would bring a $75 fine and possible insurance penalties. He told fellow senators on May 21:

“The fact that we recently had a number of tragedies with young adults texting, we have a generation of drivers who think it’s OK to drive while texting. For people to suggest that holding a cell phone is the cause of accidents is not supported by the facts. At the end of the day, that’s where we need to do a better job, educating people.”

Almost 50 people were injured when a trolley operator in Boston crashed into the rear of another trolley while sending a text message to his girlfriend. The May 8 crash inspired an immediate city ban on drivers of trolleys, trains, and buses having cell phones in their possession while working.

A New Bedford man was sentenced to 2 1/2 years in prison for killing a 13-year-old bicyclist while text messaging and driving. Craig P. Bigos will see his drivers license revoked for 10 years as well, according to the Nov. 12, 2008, sentence.

The New Bedford Eagle editorialized on May 15, 2009: “Text messaging has become part of the culture, which won’t change. It has also become a threat to others on roads and trains, and that has to change.”

Cell phone use was cited in 435 vehicle crashes around the state in 2007, the Massachusetts Registry of Motor Vehicles reported. In 2008, the preliminary number was just shy of 400.

2007-2008 legislation:
HB 4477: Would require drivers to use hands-free devices while making cell phone calls. Would prohibit drivers under the age of 18 from using cell phones regardless of whether hands-free devices are engaged. Would prohibit drivers from sending text messages and e-mails while driving. Calls for a one-time $600 insurance surcharge for first offense. “No further action taken.”

HB 4477 was approved by the House on Jan. 23, 2008, and advanced to the Senate, where the cell phone bill (2048) was last reported in the ethics panel. Senate President Therese Murray, D-Plymouth, told The Republican that there was no interest in the cell-phone driving bill in her chamber, and that she had not given it much thought.

Rep. Joseph F. Wagner, D-Chicopee, the moving force behind the House bill, is up against the Senate chairman of the transportation committee, who wants the legislation to die without a floor vote.

“Every independent study that I’ve seen … says it’s not the holding of the cell phone that causes the problem,” Sen. Steven Baddour said. “It’s the distraction of not paying attention.”

Texas: Cell phone laws, legislation

Texas legislation news: Two new laws are in effect: one banning teen drivers from using cell phones and text messaging devices; the other prohibiting drivers from using handheld cell phones in school crossing zones.

Current prohibitions:

• Learners permit holders are prohibited from using handheld cell phones in the first six months of driving.
• Drivers under the age of 17 with restricted licenses are prohibited from using wireless communications devices.
• School bus operators prohibited from using cell phones while driving if children are present.
• Drivers prohibited from using handheld devices in school crossing zones.
• Dallas, Austin, Galveston, El Paso, Missouri City and Stephenville have enacted local distracted driving laws.

2010 cell, texting legislation notes:
Missouri City’s ban on texting while driving went into effect June 1, 2010. Law applies when vehicle is stopped. Fines up to $500. The city posted traffic signs stating: “No Texts Emails or Apps While Driving.”

Stephenville has banned text messaging and use of handheld cell phones while driving. The City Council considered a plan to ban all cell phone use by motorists, but rejected it during the April 6 voting. Fines will be up to $200.

El Paso prohibits texting and talking on a cell phone while driving in city limits. The City Council approved the ban on March 9 and it went into effect May 1. Hands-free cell phones OK. Fines up to $500. El Paso already outlawed use of handheld cell phones in school zones.

Galveston has banned text messaging while driving within city limits. Fines up to $500. The City Council voted to outlaw texting for motorists on Jan. 14 and the ban went into effect immediately.

League City’s plan to ban texting and handheld cell phone use while driving has been put on hold. The city attorney cited “legal issues.”

Arlington’s City Council refused to consider a ban on text messaging while driving.

2009 Texas legislation:
Texas House Bill 55: Outlaws use of handheld devices in school crossing zones. Would prohibit cell phone use by passenger bus drivers transporting minors unless the bus is stopped (minor wording change). Legislature gave final approval on May 29 and the governor signed it into law on June 19. The law became effective Sept. 1, 2009.

Texas House Bill 339: Prohibits drivers under the age of 17 with restricted licenses from using wireless communications devices, including cell phones and text messaging devices. Bill addresses numerous driver education issues in Texas. Approved by the House on May 6, 2009, and by the Senate on May 25. Legislature gave final approval on May 29 and the governor signed it into law on June 19. Law became effective Sept. 1, 2009.

Texas House Bill 662: Would outlaw the use of cell phones by drivers under the age of 18 unless a hands-free accessory is engaged. On Approved by the full Texas House on May 15 and sent to the Senate. Left in committee.

Texas Senate Bill 1077: Companion bill to HB 339 (above) has been approved in the Senate and by the Transportation Committee in the House (May 15).

Texas House Bill 1158: Would make fines at least double the minimum for infractions committed while driving and using a handheld cell phone. “Left pending in committee.”

Texas Senate Bill 582: Would prohibit drivers from using cell phones unless a hands-free accessory is engaged. Also would ban bus drivers from using wireless communication devices with a minor passenger onboard. “In committee” since Feb. 23.

Texas House Bill 1267: Would add text messaging to cell phone prohibitions on bus drivers. Also HB 1179. Both bills “left pending in committee.”

Texas Senate Bill 51: The legislation from state Sen. Judith Zaffirini, D-Laredo, would ban reading, writing and sending of text messages while operating a motor vehicle. It also would prohibit use of a wireless communication device for school bus drivers when a minor is present, except in emergencies. “In committee” since Feb. 10.

Texas House Bill 738: Would create an inattentive driving adjunct to existing laws that doubles fines for other traffic offenses. Cites a variety of behaviors such as texting, reading, writing, personal grooming, interacting with a passenger or pet. “Left pending in committee.”

Texas House Bill 758: Would prohibit school bus drivers from using cell phones or texting while minors are aboard. “Left pending in committee.”

Texas House Bill 1649: Would ban drivers under the age of 18 from using wireless communication devices in the first six months of licensing, regardless of whether a hands-free device is attached. Also applies to motorcycle or moped drivers under the age of 17. “In committee”

Texas House Bill 220: Would ban use of handheld wireless devices for all drivers and use of all wireless devices for school bus drivers. “Left pending in committee.”

Texas House Bill 219: Would outlaw use of cell phones at school crossings. “Left pending in committee.”

More Texas legislation notes:
The Austin City Council approved a ban on texting while driving on Oct. 22, 2009, and then broadened it Dec. 17 to include other mobile devices, Internet surfing and use of all iPhone applications. Fines could be as high as $500. The law takes effect Jan. 1 and there will be a one-month warning period.

The city of Burnet has outlawed use of cell phones and texting devices in school zones. Fines will be $200. The Burnet City Council approved the ban on Oct. 27, 2009.

Rep. Trey Martinez Fischer, author of a handheld cell phone bill, says the House Transportation Committee simply isn’t moving these bills through. “I have tremendous amount of respect for Chairman Joe Pickett,” Martinez Fischer said. “But this doesn’t seem to be a priority in his committee.” Pickett responded that his committee was unable to resolve the overall issue of how to draw the line with distracted driving, a common position adopted by opponents of cell phone-driving bills. More accidents related to wireless devices could help the bills’ chances in 2011, Pickett told amarillo.com

The House aired the legislative debate over text messaging and cell phoning while driving on March 10, 2009. “People, I think, are watching us,” said HB 55 sponsor Rep. Dan Branch, R-Dallas.

“We’re trying to find the right balance between public safety and, sort of, intrusion into civil liberties,” Branch told the House Committee on Transportation. The committee aboved Rep. Branch’s bill banning drivers from using cell phones in school zones.

Rep. Solomon Ortiz Jr., D-Corpus Christi, says of his HB 662: “This legislation will help limit distractions and keep teen drivers focused on the road. Teenagers already have enough on their minds as it is.”

“The communications companies have really come out strongly against my (handheld cell phone) bills in the past,” said Rep. Jose Menendez, D-San Antonio, who authored HB 1649.

The Texas ACLU opposes laws restricting use of cell phones and texting devices: “That’s more of a public education issue,” its policy director said. “There’s always going to be something that’s distracting drivers.”

State Sen. Jeff Wentworth, R-San Antonio, had planned to reintroduce in the 2009 session his bill that would require hands-free devices for drivers using cell phones. His bill passed the transportation committee in 2008 after testimony from a man whose wife was killed in an crash she caused while using a cell phone.

“It is probably going to take the whole Senate listening to that kind of testimony before we get a bill passed,” he told the Dallas Morning News.

San Antonio is in the middle of a one-year pilot program in which the use of hand-held cell phones and text messaging are prohibited for drivers in 18 school zones. Fines for school-zone violations are as high as $200, as of November 2008.

Hollywood Park (San Antonio area) tabled a handheld cell phone ban on Feb. 17, 2009, saying: “Let the state make the decision.”

The Texas Department of Public Safety began tracking cell phone-related traffic accidents in 2000.

The Dallas council approved installing cellphone-ban warning signs throughout Dallas’ 651 school zones when it OK’d the prohibition in February 2008. Violators could be fined $200.

About two-thirds of Texas teenagers surveyed said they have talked on a cell phone while driving in the past six months, according to the state Transportation Institute. More than half said they had read or sent text messages while driving. A 2007 study said cell phone use was among the primary causes of fatal car crashes among teens.

Texas was one of the states hit with periodic email hoaxes about nonexistent cell phone driving laws.

Ban texting while driving: AMA

The American Medical Assn. joined the movement against text messaging while driving, saying, “No one should have to worry that other drivers are focused on texting instead of traffic.”

The group of almost a quarter million physicians decided to throw its weight behind various state efforts to ban text messaging while driving. The group took up the headline-grabbing issue at its semi-annual policy meeting in Orlando.

Seven states and Washington, D.C., have laws against motorists using texting devices.

While bans on cell phone use while driving have proved controversial, the idea that texting and driving don’t mix seems to be widely accepted, especially in the wake of the Southern California commuter train crash apparently caused by an engineer who was distracted by texting.

“Texting while driving takes the driver’s attention away from the road, which can lead to accidents,” said Peter Carmel, an AMA board member. “A recent study found that text messaging while driving causes a 400 percent increase in time spent with eyes off the road.

“No one should have to worry that other drivers are focused on texting instead of traffic,” Carmel said, speaking for the medical group. “This is about keeping people safe on our roads.”

The powerful physicians group said Nov. 10 that it will “support additional states in their quest to ban text messaging by motorists. In addition, the new AMA policy encourages physicians to educate patients on the public health risks associated with driving while distracted with text messages and cell phones.”

Texting and driving bans have been adopted in Alaska, California, Connecticut, Louisiana, Minnesota, New Jersey, Washington, and the District of Columbia.

Louisiana: Cell phone laws, legislation

Cell phone, texting news: A law that upgrades Louisiana’s existing text messaging ban to primary enforcement goes into effect Sunday, Aug. 15. This means police can stop and cite drivers for that violation alone.

Legislation that would have outlawed handheld cell phone use by all drivers again failed in the House in 2010.

Current prohibitions:

• Text messaging banned for all drivers. Fines up to $175 (first offense) and then $500. Primary enforcement begins Aug. 15, 2010.
• Drivers under 18 years old may not use wireless devices — including cell phones, text-messaging units and computers — while operating motor vehicles. Primary offense as of Aug. 15.
• Drivers with learner’s and intermediate licenses prohibited from using cell phones unless a hands-free device is attached.

2010 legislation:
Louisiana Senate Bill 9: Upgrades the existing law prohibiting text messaging to primary enforcement status, meaning law officers can stop and cite violators solely for that offense. Also applies to ban on use of wireless telecommunications devices by youngest drivers. Fines would remain at $175 (first offense) and then up to $500. Insurance company notification of offenses. (Louisiana Act 203)

SB 9 was advanced to the full Senate by the transportation committee on April 15 and approved by the Senate on April 21 in a 22-9 vote. Approved by the House (with minor changes) in a 69-22 vote on June 2. Back to the Senate for final sign-off, which came June 7 in a 32-0 vote. Latest action: Signed into law by Gov. Bobby Jindal on June 17; goes into effect Sunday, Aug. 15. (Gautreaux)

House Bill 863: Prohibits texting and handheld cell phone use for all drivers. Does not include hands-free operation of mobile phones and use of two-way radios. Primary offense. Fine of $125 plus court costs. Originally a separate distracted driving law for commercial vehicle operators, but amended to include all drivers with sponsors’ backing. Approved by the House Transportation Committee on April 27 (a 12-2 vote) and sent to the full House. Failed to advance in the House after two votes. Dead as of May 17. (Stiaes, Leger)

HB 1235: Would outlaw use of handheld cell phones and other electronic communications devices for all drivers. Primary enforcement. Fines $100 (first offense)/$150/$200/$250. Approved by the House Transportation Committee on April 27 (a 12-2 vote) and sent to the full House. (Bandon)

HB 134: Would establish that in liability cases, drivers using handheld electronic devices would be assumed to be at fault for any accident — “prima facie.” No activity since late March. (Abramson)

2010 legislation notes:
HB 863 started life as a ban on handheld cell phone use by commercial truck drivers, but it was amended in committee to apply to all drivers. State Rep. Jack Montoucet, D-Crowley, wrote the amendment: “It is getting worse and worse day by day,” he said of drivers using cell phones.

The Louisiana Highway Safety Commission reports that cell phone-related fatalities were up to 16 in 2009, and probably underreported.

The Louisiana Department of Transportation and Development is testing technology that reroutes incoming phone calls and text messages when a handheld device is in a vehicle in motion. The pilot program is using DOT vehicles.

SB 9 sponsor Sen. Butch Gautreaux, D-Morgan City, said he proposed the stiffening of texting fines after following a driver he assumed to be drunk. The driver was texting, he told a transportation committee hearing on April 9.

2009 legislation:
Louisiana House Bill 146: Seeks to ban use of cell phones while driving on Louisiana’s roads unless a hands-free device is employed. Also would prohibit text messaging and emailing via various devices. The handheld cell phone ban was approved by the House Transportation Committee on May 18, 2009, and sent to the House floor for a full debate. It was approved by the House on May 27, but with an amendment that watered down the plan by making violations a secondary offense. Sent to the Senate where the handheld cell phone legislationwas “voluntarily deferred” by the frustrated sponsor, Rep. Austin Badon of New Orleans. Badon missed a key hearing, saying he was delayed in traffic, but it appears the bill was doomed anyway.

Legislation notes:
Rep. Austin Badon, D-New Orleans, fought a House amendment to his HB 146 that reduced violations to a secondary offense, meaning police would need another reason for pulling over drivers. “We don’t need to water this down,” Badon told fellow representatives. The amendment was approved on a 56-40 vote and HB 146 then passed on a 57-41.

Badon missed the June 9 committee hearing on his HB 146 because he was stuck in traffic, reports said. The representative said it didn’t matter — he withdrew the handheld cell phone legislation from consideration after a hostile reception the week before in the Senate Transportation committee.

Badon tried again with HB 146 after his previous hands-free bill was approved in the House but died in the full Senate. Badon’s 2009 cell phone legislation calls for fines of $100 for a first-time violation, $150 for a second, $200 for a third and $250 for all others. Enforcement would have begin Jan. 1, 2010. He plans to renew the fight in 2010.

Badon makes an interesting point about the advantages of keeping cell phones out of drivers’ hands: “The sight of someone holding a phone while driving erratically also can anger other drivers, creating even more danger in traffic.”

The 2009 legislative session in Louisiana began April 27 and ended June 25, later than in most states.

The texting prohibition and the cell phone restrictions on young drivers took effect Aug. 15, 2008. The sponsor was Sen. Julie Quinn, R-Metairie.

The state Highway Safety Commission reports that cell phones were a factor in 2,187 accidents during 2008, including 10 fatalities.

HB 402, passed by the House and Senate in May 2008, prohibits school bus drivers from using cell phones. The law was inspired by a citizen complaint about a chatty driver

“We want our school bus drivers, who have precious commodities, our children, to focus on driving,” said Sen. Dale Erdey, R-Livingston.

California state Sen. Joe Simitian, who wrote the famous California hands-free laws, said he consulted with a legislator in Louisiana about similar bills.