Virginia: Cell phone laws, legislation

Cell phone, text messaging news: All distracted driving legislation before the 2010 General Assembly session failed to become law. Several sought to upgrade the current text messaging law to “primary enforcement” status, meaning law officers need no other reason to halt and cite drivers. Several bills planned to add a ban on handheld cell phones to the texting law, enacted last summer.

Virginia’s 2011 legislative session begins Jan. 11.

Current prohibitions:
All drivers are banned from text messaging.

Drivers under the age of 18 are prohibited from using cell phones or text messaging.

School bus drivers are prohibited from using cell phones or text messaging

2010 legislation (dead)
Virginia Senate Bill 517: Adds use of handheld cell phones to existing texting law and upgrades enforcement to primary status. Fines from $100 to $200. Approved by the Senate on Feb. 2 but tabled by the House subcommittee on Militia, Police and Public Safety on Feb. 24. Bill dead for the year. (Norment)

Virginia House Bill 22: Would outlaw the use of any handheld personal communications device while operating a motor vehicle, bicycle, moped, etc. Fines from $20-$50. This legislation would make text messaging and related activities a primary offense, meaning law officers could pull over a driver for that reason alone (current law calls for secondary enforcement). Assigned to public safety committee, where it was “left on the table” as of Feb. 16. (Howell)

HB 58: Would add use of handheld cell phones to current law prohibiting text message. Drivers would be prohibited from using mobile phones unless a hands-free device is employed. Fines from $20-$50. Secondary enforcement. Assigned to public safety committee, where it was “left on the table” as of Feb. 16. (Dance)

HB 212: Would remove current text messaging law from secondary enforcement status. Assigned to public safety committee, where it was “left on the table” as of Feb. 16. (Bulova)

HB 221: Would make drivers using handheld cell phones guilty of careless driving if they commit another offense at the time. “Left on the table” in public safety committee on Feb. 16. (Watts)

HB 783: Would extend current text messaging law to include use of handheld cell phones. Retains secondary enforcement. If accident results, violation would be a Class 3 misdemeanor. “Left on the table” in public safety committee on Feb. 16. (LeMunyon)

Virginia Senate Bill 10: Would extend current sanctions on drivers’ use of wireless devices to include handheld cell phones. Secondary enforcement would remain. Incorporated into SB 517 (above). (Blevins)

SB 574: Would extend ban on on drivers’ use of wireless devices to include handheld cell phones. Retains secondary enforcement. Incorporated into SB 517 (above). (Ticer)

Virginia cell phone, texting legislation notes:
The House Committee on Militia, Police and Public Safety effectively killed all distracted driving legislation proposed for the 2010 session. The transportation committee spent most of its time on license plate issues.

Del. David Bulova, D-Fairfax, who introduced HB 212, says this about distracted driving enforcement: “It really does send mixed signals about whether we’re serious about enforcing this if you make it a secondary offense.” The current text messaging law “does hamstring our police officers.”

HB 58, SB 10 and a few other bills are identical. They change the wording in the current law from “handheld communications device” to “wireless telecommunications device,” basically adding cell phones to the texting law. Both would continue the secondary enforcement status of the law, meaning police could not stop or arrest motorists unless another violation was suspected.

2009 legislation:

HB 1876: Prohibits text messaging while operating a motor vehicle. Took effect July 1. Approved by the House and Senate and signed into law by Gov. Tim Kaine on March 30.

SB 1227: Would ban drivers with provisional licenses from talking or texting on cell phones, regardless of whether a hands-free device is employed. Makes violations a primary offense. Tabled by a House subcommitee on Feb. 19 after being approved by the full Senate on Feb. 9.

SB 874 — Would require that drivers use hands-free accessories when making cell phone calls. Passed by the Senate Transportation Committee on Jan. 22, 2009, in amended form, but then defeated in the Courts of Justice on a tight vote. Incorporated SB 996.

HB 1615 — Delegate Algie Howell, D-Norfolk, has prefiled legislation to the 2009 General Assembly that would ban text messaging while driving. The ban would extend to bicycles and mopeds. Incorporated into HB 1876, above.

HB 1659 — Would prohibit use of wireless telecommunications devices while operating a motor vehicle, including bicycles and mopeds, whether handheld or not. Also from Howell. Died in committee on Feb. 10.

HB 1955: Would outlaw motorists’ use of handheld phones. Tabled in committee.

HB 1769: Drivers would be banned from using cell phones unless a hands-free device is employed. Tabled in committee.

Pre-2010 Virginia cell phone, texting legislation notes:
Delegate John Cosgrove, R-Chesapeake, is the author of the text messaging legislation HB 1876. Fines for those who drive and text will be $20 and then $50 for subsequent offenses. It assumes negligence on the part of violators if an accident occurs.

A spokesman for AAA told the Examiner that the secondary status of the new texting law — meaning police would have to have another, primary reason for pulling over drivers — makes it “tantamount to telling people you can do it.” Still, he called it a “moral victory.”

Sen. Patricia Ticer, D-Alexandria, saw her cell phone legislation clear committee on a 9-6 vote before losing in the Courts of Justice on a 7-6 vote. Ticer’s bill was combined with SB 966 from Sen. Harry B. Blevins, R-Chesapeake.

Delegate Bobby Mathieson, D-Virginia Beach, a veteran of the cell phone wars, saw his HB 1955 die in committee on Feb. 10, 2009. His past efforts included HB 904.

The 2009 Regular Session convened Jan. 14, 2009. The short session ends the next month.

The younger-driver prohibitions went into effect in 2007. The prohibitions on school bus drivers became effective July 1, 2008.

“I believe this is a common-sense restriction on those new drivers who may be tempted to pay more attention to phone calls and text messages than the road, endangering themselves and other drivers,” Gov. Tim Kaine said of the 2007 law.

Virginia’s school bus cell phone/ texting law results in a primary offense; the teen driver law is a secondary offense.

The local AAA backed the 2007 legislation; some conservatives opposed the teen driving plan, saying parents should make the rules for their kids.

NSC talks tough on cell phone bans

The National Safety Council wants a total ban on cell phone use while driving, regardless of whether a hands-free accessory is in the loop.

The 94-year-old safety group made national headlines in mid-January with its cell phone-ban initiative, which recommends laws that are more restrictive than almost all of those under consideration or adopted by the states. Almost all legislation allows for hands-free cell phone use.

“It’s time to take the cell phone away,” NSC president Janet Froetscher said.

The NSC plans to lobby the individual states as well as private businesses. It has sent letters to state governors and key legislators in favor of statewide cell phone bans for motorists.

Many state legislators are resistant to cell phone bills that allow for hands-free use, although text-messaging prohibitions seem to be an easier sell in the current legislative season. Legislation that calls for a total ban on motorists’ use of cell phones typically is designed to later add the hands-free provision as a compromise with opponents of the bill.

“Employers understand how dangerous the behavior is and their potential liability,” Froetscher said. “We are asking all businesses to join us by adopting policies banning calling and texting while driving on the job.”

The NSC plans to step up education efforts about the dangers of distracted driving. It cited the famous 2006 University of Utah study that found on-the-road cell phone use was as bad as drunken driving.

The group points to its past success with seat belts as proof that important auto safety initiatives can be successful over the long term.

“There will be a day when we look back and wonder how we could have been so reckless with our cell phones and texting devices,” Froetscher said.

In October, the NSC came out with guidelines for state teenage driver policies, which include no use of cell phones or text-messaging devices.

Update: Not surprisingly, the emerging hands-free device industry is alarmed by the prospect of a total ban on cell phones while behind the wheel.

Parrot Inc., which calls itself the largest manufacturer of hands-free car kits, conducted a poll of U.S. adults that showed two-thirds of them would retaliate against legislators who voted for a total ban on cell phones while driving. Almost 85% of drivers aged 18-34 felt people would vote out the lawmakers.

And the pollsters found that 46% of the respondents would not support a ban on “true, voice-activated hands-free systems.”

The hands-free poll was conducted online by Harris Interactive, with 2,491 participants. As with any vested-interest poll, it should be taken with a grain or two of salt. (Parrot did not provide the poll questions’ wording.)

“Ultimately, the survey results mirror Parrot’s beliefs,” said Christian Coly, director of technology at Parrot.

Wyoming: Cell phone laws, legislation

Distracted driving update: A law that outlaws text messaging for all drivers in Wyoming goes into effect in July 2010. Gov. Dave Freudenthal signed the texting ban into law on March 11. Wyoming became the 20th state to ban use of handheld text messaging devices while driving.

Current prohibitions:
None

2010 cell phone/texting legislation:
SF 20: Bans text messaging devices by all drivers on Wyoming’s roads and highways. Primary enforcement with a fine of $75. Backed by the House transportation committee on Feb. 8. Preliminary approval by full Senate on a voice vote, Feb. 10. Approved by the House on March 3 (third reading). Sent to governor Gov. Dave Freudenthal, who signed it a week later. The ban on driving and texting goes into effect on July 1. (Esquibel)

2010 legislative notes:
An effort to water down the (now approved) text messaging bill SF 20 was defeated in the House on March 2, in a 24-30 vote. Rep. Roy Cohee, R-Casper, said the amendment that would have limited enforcement to secondary status — meaning police would need another reason to stop violators — was an attempt to gut the bill.

SF 20 sponsor state Sen. Floyd Esquibel, D-Cheyenne, said that while his newly minted law banning text messaging does apply to all drivers, it is aimed at the generation hooked on texting. The new law is “primarily for an age group that is already at high risk simply because of age,” he said after the measure was approved.

Rep. Debbie Hammons, D-Worland, sponsored the successful text messaging legislation in the House. She told the Casper Star-Tribune that passage of SF 20 won’t translate into a handheld cell phone ban: “I think they’ve never been able to get anywhere with a cell phone ban.”

The City of Green River’s ban on text messaging and using handheld cell phones is expected to take effect in March 2010. Fines will be $65 for the first violation, then $210. The measure passed a second reading on Feb. 2.

2009 cell/texting legislation:
SF 63 would ban the use of text messaging devices for drivers.

SF 64 would prohibit drivers’ use of cell phones unless a hands-free accessory is employed. Also would ban use of the cell phone for text messaging. Exemption for CB radios. (Legislation removed from active status.)

SF 65 would restrict holders of learners/restricted driver’s licenses from using cell phones without a hands-free device. Includes use of the cell phone for texting. (Legislation removed from active status, “indefinitely postponed.”)

HB 256 would outlaw use of cell phones while driving unless a hands-free accessory or dial-free “push to talk” feature is employed. Also would prohibit use of the cell phone for text messaging. (Legislation removed from active status.)

2009 legislative notes:

SF 63 and SF 65 were approved in the Transportation and Highways committee on Jan. 23.

The transportation committee chairman, Sen. Michael Von Flatern, R-Gillette, said SF 64 was not ready for consideration.

All three Senate bills were authored by Sen. Floyd Esquibel, D-Laramie. (Note: SF stands for Senate file.)

HB 256 was sponsored by Rep. Del McOmie, R-Fremont, a previous member of the transportation committee.

Texting, California driving don’t mix

California’s text-messaging law went into effect on Jan. 1, making it illegal for drivers to use wireless devices to send, receive or read electronic files while on the road.

The new law joins two other laws affecting drivers that took effect in midsummer: a ban on the use of cell phones unless a hands-free device is enabled, and a total ban on cell phone use by motorists under 18.

(Update): In the first month, the Highway Patrol wrote 88 citations for text messaging statewide. That does not include tickets from deputies and police.

Sen. Joe Simitian, D-Palo Alto, pushed through the cell phone and text messaging legislation. The other two laws went into effect July 1, but Simitian decided to wait on the text messaging legislation for strategic reasons.

“We have had far too many tragic incidents around the country that are painful proof that this is a terrible problem,” the state senator said. California Gov. Arnold Schwarzenegger signed the Simitian anti-text messaging bill SB 28 on Sept. 25.

Texting while driving fines start at $20 and go to $50 for repeat offenses. With fees, the cost of violating California’s new text messaging law could hit $200. No points are charged against the driver’s license. (These are the same fines for cell phone violations.)

The law applies regardless of whether a vehicle is stopped at a light or in heavy traffic. Drivers may text- message while parked or legally pulled off the road, regardless of whether the engine is running, the California Highway Patrol says. Stopping on a freeway for reasons other than emergencies is prohibited by state law.

California’s new texting law applies to communications between two people. It does not prohibit use of a wireless device’s keyboard for for dialing phone numbers (assuming a hands-free device is employed during the call) or for enabling a voice-dialing application. Keyboarding in order to access cell phone GPS functions is allowed as well.

The state is particularly sensitive to the text messaging problem, following reports that a commuter train operator in the San Fernando Valley was sending and receiving written communications before a deadly crash.

California becomes the sixth state to outlaw text messaging while behind the wheel. The other states are Washington, Minnesota, New Jersey, Alaska and Louisiana. Numerous other states are considering bans on texting while driving. Local and regional prohibitions on texting have been taking effect nationwide as evidence continues to point to the practice as a factor in many accidents.

Cell phone safety: Bet you didn’t know …

Cell phone safety would seem largely a matter of common sense. Pay attention, watch the road and you’ll arrive safely.

But researchers who have been studying cell phone-related accidents since the 1990s say there are some surprising ways in which wireless phones endanger drivers, passengers and pedestrians.

For example, the simple act of talking on a cell phone actually decreases the quality of visual information received and processed by the brain. Talk more and you see less!

State legislators are increasingly mandating hands-free cell phone use for drivers. Hands-free devices such as Bluetooth headphones can prevent accidents and save lives, but motorists need to be aware of how these hands-free accessories change the dynamics of driving and talking.

Handsfreeinfo.com, the distracted driving web site, has rounded up some key cell phone safety tips provided by traffic researchers and public safety groups. Here are 15 of the best:

Keep calls short: Drivers increasingly lose focus during lengthy cell phone calls, research shows. If you must use the mobile and the conversation lasts more than 5 minutes, hang up and call back once you’ve parked.

Get to know your phone: Fumbling through a cell phone’s menus while on the road can be extremely dangerous. Practice speed-dialing, redialing and routing calls to voice mail.

Compensate: Some studies equate cell phone driving with drunken driving. Others cite “instant aging” — that a 20-year-old’s reaction times are reduced to those of a 70-year-old’s. A University of Utah study found that when 18- to 25-year-olds were placed in a driving simulator and talked on a cellular phone, they reacted to brake lights from a car in front of them as slowly as 65- to 74-year-olds who were not using a cell phone. These are controversial findings, but everyone agrees that cell phone use impairs driving ability. Be aware that you’re not operating the motor vehicle at 100% of your ability. Compensate with extra caution.

Don’t look at caller ID: Most cell phones can be programmed to provide different ring tones for the people in your directory, such as family and friends.

Two things at a time: Many accidents are caused when cell-phoning drivers attempt to do other things — plugging in a power chord, fumbling for a pen, reading directions. Don’t compound the cell phone safety challenges.

Dial while stopped: If you must dial when the vehicle is in motion, hold the phone level with the windshield. Shift your eyes back and forth from the road to the cell phone. The National Highway Traffic Safety Administration says phone equipped with hands-free headsets and voice-activated dialing systems usually require more time to dial, increasing distractions.

Get an assist: Ask passengers to use their own mobile phones or to do the dialing on yours. Teach older children how to operate your cell phone and your GPS and navigation devices, if possible.

You’ve got voice mail: If a call comes in while you’re in an intersection, entering a freeway or engaged in similar activities, let voice mail answer the cell phone.

Curb your enthusiasm: Numerous studies link the emotional content of a conversation with the level of danger while driving. This also applies to complicated, frustrating or exciting topics. If you’re upset or confused, hang up or pull over in a safe spot.

That’s a stretch: Make sure the cell phone and any accessories such as a hands-free headset are close by while driving.

Just say no: Tom Magliozzi of the popular “Car Talk” radio show says, “For non-emergencies like saying hi — checking in — or making calls you could just as easily make from your home, your office or a parking lot — take our advice and drive now, talk later.” Studies suggest that cell phone users use 60% of their airtime while driving.

Now hear this: Wireless phones often switch from one transmitter station to another during a drive. This leads to varying levels of audio quality. If reception is poor, compensate for the distraction — or better yet, hang up and call back once parked.

Watch out: Researchers in Tokyo found that when attention is focused on listening, vision is affected. The brain can’t give full attention to the visual demands of driving and the audio demands of listening at the same time. Focus on watching the road.

Watch your speed: The Swedish National Road Administration reports that drivers wearing hands-free headsets drive faster than drivers who are holding cell phones. It’s also easy for your speed to creep up while you’re dialing.

Dial in shifts: If you must enter a phone number while driving, don’t do it all at once. Dial a few numbers, return your attention to the road, and then dial the other numbers.

The message: Most of the above applies to text messaging, an even more dangerous activity that’s outlawed for drivers in more than half of the U.S. states. It’s not just kids who are all thumbs: The portability of office-related data has made adults dedicated multitaskers (diverted drivers), text-messaging commuters trying to get a jump on the day’s tasks.