Fighting ‘lone wolves’ in Pennsylvania
May 29, 2009
And now a word from the Pennsylvania state lawmaker who wants to slam Philadelphia and any other rogue cities and counties that enact vehicle laws regarding cell phones and texting.
No municipality should take the ”lone wolf” approach, Rep. Richard Geist declares.
This all started when Philly’s mayor recently signed off on a ban on handheld cell phone use by drivers and cyclists. State legislators led by Geist threatened the city to the tune of $90 million. “We are doing what we think is in our best interest,” Mayor Mike Nutter said.
In fact, Geist points out that the fine for a local government that overrides the state vehicle code is in fact $25. In response to the Philly uprising, Geist, R-Altoona, pushed through an amendment that would withhold highway and bridge funding from an offending municipality until it gets back in line.
Geist is a senior legislator and the head of the House Transportation Committee. Here’s the chairman, in an opinion piece carried by several state newspapers:
“When you travel, you have the right to expect that all of the traffic laws will be the same, no matter where you go. Imagine the potential of driving into another Pennsylvania community and finding that there is a specific local ordinance that causes you to be pulled over for an activity that is legal in other areas? This is what my legislation seeks to prevent. A local community writing its own Vehicle Code provisions is akin to the state General Assembly printing its own money that would only be legal here in Pennsylvania.”
Geist also appears to be looking out for the little guy:
“My legislation also would prevent Pennsylvania motorists from becoming the victims of entrapment by local law enforcement. … Enabling municipalities to enact ordinances contrary to the Vehicle Code only increases the potential for this type of activity.”
There’s no mention of highway safety or the saving of lives … but Geist does note the House rejected a strict handheld cell phone ban and substituted a “secondary offense” under the existing careless driving statute. Critics called the move a thinly disguised kill-off of meaningful cell phone safety legislation.
A cynic would say Geist was finding new, improved ways of derailing cell phone legislation designed to save lives, no matter where it pops up in the state of Pennsylvania. Call us cynics.
Geist no doubt provides inspiration to the head of New York Assembly’s Transportation Committee, David Gantt, whose bizarre resistance to text-messaging legislation has brought a thicket of local and regional laws.
N.Y. legislator snubs mom of texting fatality
May 21, 2009
The chairman of the Transportation Committee in New York’s Assembly has been previously cited as an impediment to texting and handheld cell phone bans for drivers. Now, the gloves are off.
(Update: Gantt’s driver safety bill that includes a ban on New York State text messaging while driving cleared the Assembly on June 17 and was sent to the Senate.)
Assemblyman David Gantt infuriated some legislators Tuesday as he refused to meet with the mother whose son died as he was texting and driving. Kelly Cline was in Albany to lobby for a bill that would ban text messaging behind the wheel. She was told she could only meet with Gantt’s staff.
“It’s amazing . . . to hear about a chairman who doesn’t meet with people, since I am a chairman and I meet with everybody,” said Assemblyman Felix Ortiz, whose distracted-driving legislation efforts have been thwarted by the Gantt’s committee for several years.
Ortiz said Gantt’s resistance was “the biggest trouble now. He’s holding the bill.” Both Ortiz and Gantt are Democrats. Ganntt declined to comment to the Buffalo News in a story about the text messaging legislation.
Gantt has long been under fire for stalling other New York driver-safety legislation. A father whose teen daughter died in a drag-racing crash said: “We need to let people know who is standing in the way, like Gantt.” The New York Times called for his replacement over opposition to red-light cameras.
Ortiz said the committee could be forced into voting on the current text messaging legislation (A2453) “because we’re getting tired of the same song and the same music” from Gantt.
Gantt, not one to shy from confrontation, was arrested last year in a public ruckus over selection of a Monroe County public defender.
The Buffalo News headlined an editorial about Gantt: “Imbecilic, Inhumane, Incredible.” The opinion piece said Gantt “is nothing if not predictable in his utter illogic when it comes to certain pieces of legislation that have already gained widespread support. … Now he has the dubious distinction of being the single member of the Assembly to put a halt to legislation banning text messaging while driving. ”
New York has outlawed handheld cell phones for drivers, but text messaging was not an issue in 2001, when that law was enacted. Numerous New York cities and counties banned text messaging while driving — or are considering bans — because of the curious inactivity in Albany.
Illinois texting bill gets final OK
May 19, 2009
Illinois Rep. John D’Amico predicted early in the legislative season that distracted-driving legislation would get “a lot of traction” this year. He was right.
D’Amico’s HB 71 and HB 72 have been approved by the House and Senate, with the Senate’s vote coming May 19. Both bills were given final approval in the House on May 28 and sent to Gov. Pat Quinn.
Illinois House Bill 71 seeks to ban text messaging while driving. In an unusual provision, texting would be permitted if the vehicle is stopped in traffic. The earlier approval by the Illinois House came on on April 1. The votes were 89-27 in the House and 45-6 in the Senate.
D’Amico’s Illinois House Bill 72 would outlaw drivers’ use of cell phones in school speed zones and in road construction zones. The House approved that bill as well on April 1.
“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, D-Chicago, told the Chicago Tribune.
Illinois has a statewide ban on teenage drivers’ use of cell phones, regardless of whether a hands-free attachment is employed. There is no Illinois ban on handheld cell phones for all drivers. Chicago banned on-the-road use of cell phones in 2005 and text messaging by drivers in 2008. The Windy City recently upped fines for violators.
Cell phones, text messaging & trouble
May 18, 2009
Here’s a roundup of deaths, injuries and legal activity resulting from drivers who allegedly were chatting on cell phones or text messaging as they crashed.
The lead item, of course, is the rail crash in Boston, in which 50 people were injured. The operator was text messaging his girlfriend at the time. The incident brought back memories of the deadly Los Angeles rail crash in which the operator was texting friends.
These reports from police and the courts were gathered in the past two weeks.
BOSTON — The Boston transit authority immediately banned operators of train, trolleys and buses from carrying cell phones and personal electronic devices after 49 people were injured when a trolley operator crashed into the rear of another trolley while sending a text message to his girlfriend. It is the most restrictive ban on cell phones by transit workers in the nation. The MBTA already had a campaign against texting, poster pictured. (NYT)
BOSTON — Police are investigating whether a prominent Boston physician was using her BlackBerry when her car swerved into oncoming traffic and collided with another car. Dr. Phyllis Jen died as a result of the crash. Neither speed nor alcohol appeared to be a factor in the accident. Jen was driving a small car that was in the head-on collision with a large SUV. As medical director of Brigham Internal Medicine Associates, Jen supervised nearly 150 doctors. (Information Week)
EDEN, N.Y. — The driver killed in a crash in Eden was texting at the time her vehicle collided with a truck on Route 75, Eden Police Chief Michael Felschow said. Brandie J. Conklin, 22, died after her car drifted across the road and collided with an oncoming milk truck on Route 75. Conklin had been exchanging text messages with a boyfriend who was traveling some distance behind her in another vehicle, according to Felschow. “We checked her text messages,” Felschow said. “She was basically texting up to the time of the accident.” (Buffalo News)
BAINBRIDGE, Ohio — A Kenston Elementary School teacher was found lying in a ditch after being struck by a car whose driver admits he was sending a text message, police say. The driver who struck Kupiec turned himself in, saying he was responding to a text message and did not realize he had hit anyone. (Fox 8 Cleveland)
Bluetooth headsets 101 from NYT
May 16, 2009
The New York Times’ tech section did a drive-by on Bluetooth headphones the other day, writing about the various hands-free options for drivers.
Among the Bluetooth headset units mentioned as offering improved audio quality were the the BlueAnt
Author Roy Furchgott surveys the market like so:
If the proliferation of people randomly bursting into monologues on city streets is any indication, many people prefer hands-free communication even when they’re on foot. Some of that growth is linked to legislation, some to lower prices, but another factor is the evolution of hands-free technology that has yielded better sound quality and stronger privacy measures.
The piece also covers speakerphone accessories, or “car kits.” Motorola’s MOTOROKR T505
Another option is to buy a cheap wired headset and wait until the end of the year, when the new generation of Bluetooth headsets will be hitting the shelves. That, in turn, might provide some cost cuts in current models.
Tennessee outlaws texting while driving
May 15, 2009
Tennessee Gov. Phil Bredesen has signed into law a ban on text messaging while driving, as expected.
Enforcement will begin July 1.
The Tennessee ban on text messaging while driving comes with a $50 fine for violators and $10 court costs. It is a non-moving offense, meaning no points are added to the driver’s license and there are no insurance problems.
Enforcement is expected to come into play when drivers commit other violations or get into accidents, law enforcement agencies indicated after the May 13 signing.
The Senate bill went through a lot of push-and-pull before crossing the desk of Gov. Bredesen (pictured). Sen. Jim Tracy, R-Shelbyville, was the sponsor.
A similar House bill was folded into the successful Senate bill. In committee, Rep. John Lundberg, R-Bristol, was grilled about his texting bill HB 107.
A fellow Republican asked why he was singling out texting while driving as opposed to, say, “eating a bowl of chili or a cheeseburger.”
“Frankly 90-some percent of us don’t have a hamburger strapped and attached to our waist,” Lundberg replied.
SB 393 was finally approved by the Senate in a 22-6 vote on April 23 and then by the House on April 27, with amendments. Senators OK’d the final texting bill on April 30.
Tracy’s previous attempt died in a subcommittee last year.
Honolulu bans take effect July 1
May 7, 2009
The City of Honolulu’s long debate over drivers’ use of handheld electronic devices finally has reached an end.
Mayor Mufi Hannemann signed Bill 4 into law on May 7. Prohibited devices include handheld cell phones, text messaging devices, PDAs, laptop computers and video game machines.
In February, the Honolulu mayor vetoed an earlier plan to ban text messaging while driving after police complained they had no way of telling what a driver was doing while holding a cell phone. Honolulu’s police have resisted all previous efforts to control drivers’ use of wireless devices, citing enforcement concerns. The department also has lobbied against State of Hawaii cell phone legislation.
The mayor, pictured, noted that the new law was “carefully crafted.”
Police spokesman Thomas Nitta said of the new plan: “As long as you are operating a motor vehicle and you are holding an electronic device that will be a violation.”
Honolulu police have posted an FAQ page related to the ban on use of mobile electronic devices while operating a motor vehicle.
City Council members Rod Tam and Donovan Dela Cruz introduced the new Honolulu ordinance.
Honolulu joins a long list of U.S. cities and counties that have written their own laws regarding use of cell phones and texting devices while driving. The local laws usually come in response to a perceived lack of action at the state level. Some states ban local motor vehicle laws. Pennsylvania, for instance, has threatened Philadelphia with a loss of road and highway funding after the city enacted its own cell phone and text messaging ban for operators of vehicles.
In Hawaii, all state-level attempts to prohibit the use of handheld cell phones while driving have failed. A new crop is under consideration for the 2009 legislative session.
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Bowling Green voters strike cell law
May 5, 2009
(Originally posted May 2009) The voters of Bowling Green, Ohio, have spoken on mobile phones and driving — kind of.
The city of about 30,000 decided to put to voters the issue of whether to ban handheld cell phone use by motorists. On Tuesday, 56 percent voted no, killing the plan.
“Fifty six percent of people aren’t against a ban, they are just against a local ban,” the legislation’s sponsor, Robert McOmber said.
But there’s more. Turns out the ballot didn’t actually state what a vote either way would accomplish.
Here’s the ballot text: “An ordinance proposing to create and adopt Section 73.13 of the codified ordinances of the City of Bowling Green, Ohio, relating to use of mobile telephones while driving.”
The presiding judge of precinct 101 told BG News: “I think (for the cell phone ban) the wording of the issue was very confusing for people,” she said. “It only says the word mobile phone once, and doesn’t say whether the number of the issue will pass it or not.”
Perhaps the state should handle the Ohio cell phone debate.
N.Y. regional text messaging legislation
May 5, 2009
N.Y. regional text messaging news: New York’s statewide ban on texting while driving is in effect, but some local legislators say the pending law will be ineffectual because it calls for secondary enforcement. New York Gov. David Paterson has filed 2010 legislation that would upgrade enforcement so that law officers can pull over and cite drivers for text messaging alone. The bill was approved by the Assembly.
Counties have been quite active in setting up regional laws outlawing texting while driving.
(View New York state texting and driving legislation.)
Pending local N.Y. texting legislation:
Erie County (Buffalo area) legislators have approved a local law that treats text messaging as a primary traffic offense, meaning law officers can pull over violators for that reason alone. The fine will be $150. The ban was OK’d in a unanimous vote of the Erie County Legislature on Oct. 22, 2009. The county executive needs to sign off on the new law and plans to hold a public meeting first.
The state-level texting ban that goes into effect Nov. 1 calls for secondary enforcement. “New York State’s law doesn’t have any teeth,” said legislation sponsor Erie County Legislator Timothy Kennedy, D-Buffalo. “By putting forth this law here today, we are making texting while driving illegal here in Erie County, and New York State should follow suit.”
The Erie County bill’s other sponsor, Timothy Wroblewski, D-West Seneca, says: “Frankly, the (text messaging) legislation pending in Albany … does not go far enough.”
Montgomery County is considering a texting ordinance.
The Traffic Safety Board in Otsego County is developing a plan to ban text messaging by all drivers.
Local N.Y. texting while driving laws:
Albany County has banned text messaging for all motorists. Fines are $150.
Broome County, New York, has outlawed text messaging while driving. The unanimous county Legislature vote came on May 21, 2009, and the bill was signed into law June 26. Legislator Jason Garnar proposed the ban, which calls for fines of up to $150.
The Niagara County Legislature has banned text messaging while behind the wheel. Fines are $150 under the law, which went into effect in early October. “It’s unfortunate that the governor signed that law,” said Legislator Jason Murgia, D-Niagara Falls, referring to the New York ban that calls for only secondary enforcement.
Cattaraugus County’s law against text messaging while driving went into effect Aug. 1, 2009.
The town of Amherst has approved a ban on test messaging while driving. The Aug. 17 vote by the Town Board calls for a $150 fine for texting behind the wheel. Sponsor Shelly Schratz noted that the local law would be helpful in driver education and would lead to prominent road signs warning against texting.
Onondaga County (Syracuse) legislators have banned text messaging for all drivers. The new texting law took effect July 1, 2009.
Onondaga County legislator Patrick Kilmartin’s texting law was modeled after others adopted by New York state counties. The Onondaga County sheriff’s department and district attorney supported Kilmartin’s plan. The Syracuse Police Department opposed the texting legislation. Capt. Shannon Trice, head of the police traffic division, said he would not tell officers to carry out the law. (Update: As of mid-October, deputies had not issued a single ticket. “It’s a new law. It’s going to be a difficult law to enforce,” a spokesman said.)
Dutchess County (Poughkeepsie) has approved a text messaging ban proposed by Legislator William McCabe, D-Union Vale. Fines would top out at $150. OK’d by the Public Safety Committee in a 9-1 vote on June 4 and then by the county Legislature in a 22-3 vote on June 8. The reluctant county executive confirmed July 10 that he would not veto the legislation, fearing that such a move would signal that it’s OK to text and drive.
Cayuga County has prohibited any “process by which users send or receive messages on wireless handsets.” Fines would top out at $150. The Cayuga County texting ban was approved July 28, 2009.
Tioga County has adopted a ban on text messaging while driving a motor vehicle. The County Legislature voted 8-1 for the plan on July 14. The lone holdout called it “a stupid law.” Fines would be as much as $150. The Tioga County ban on texting while driving goes into effect in late fall.
Ulster County has enacted a ban on text messaging and emailing while driving. “The statistics are clear,” Ulster County Executive Michael Hein said as he signed the legislation. “These actions put innocent people’s lives at risk, and this law will protect the people of Ulster County.”
Greene County has prohibited reading, writing and sending of text messages while driving. The approval came June 17 in a unanimous vote. Greene County legislators gave tentative approval to the plan to outlaw text messaging while driving on May 18, 2009. Violators will be subject to fines up to $150.
Schuyler County banned text messaging while driving on Feb. 12, 2009. The law went into effect March 16. “We have limited man power and cell phone use and texting becomes a difficult enforcement issue,” said Schuyler County Administrator Tim O’Hearn. The sheriff has said he’ll enforce the new law.
The Ontario County Board of Supervisors approved a text messaging ban for all drivers on April 23, 2009. In June 2007, five teenage girls in East Bloomfield died in a crash blamed on texting.
Schenectady County has banned text messaging while driving. The ordinance, approved Dec. 10, brings a $150 fine for violators. It went into effect March 1, 2009.
Monroe County’s ban on text messaging while driving goes into effect July 1. Violators face a $150 fine. New York State’s lack of action on the issue inspired the ordinance.
The Westchester County Board passed a text-messaging ban for drivers in September 2008. “We have an obligation to legislate on this issue,” said County Legislator Vito Pinto. The county-wide ban on text messaging eliminates the need for municipal actions, the board said.
Nassau and Suffolk counties have local laws. Enforcement of the Nassau texting and driving law began in late December 2008.
Suffolk’s cell phone ban took effect in September 2008. The county voted again to ban texting while driving, but concerns were immediately raised about enforcement.
Oneida County’s ban on text messaging was approved March 11, 2009, and will go into effect in late May. The vote was 28-0. Drivers texting in Oneida County will face fines of up to $150.
Rockland county banned text messaging while driving in a late 2008 vote..
City, county legislation notes:
Upstate New York is particularly sensitive to the dangers of text messaging while driving. In June 2007, five teenage girls from Monroe County died when their SUV veered into oncoming traffic and hit a big rig. The driver’s cell phone was used to make a call, and to send and receive text messages moments just before the crash, officials said. The accident occurred in the Finger Lakes region of Ontario County, just days after the girls graduated from high school.
Legislator Ed Welsh, R-Utica, revived the Oneida County anti-texting plan after it was killed in committee. Welsh is general manager of Central Region AAA New York. “Among the distractions that we could list, text messaging is about the worst of them all,” he said.
An earlier Onedia County plan to ban text messaging died in late November 2008 as a key committee split on the measure. Sponsor Edward P. Welsh, R-21, Utica, did not attend the hearing.
Colorado GOP guts cell phone legislation
May 5, 2009
Colorado Republicans put the knife in a hands-free cell phone ban on Monday, reportedly after a long bashing of Sen. Bob Bacon’s bill.
The Senate did pass an amended HB 1094 with a ban on text messaging and a prohibition of cell phone use by drivers under 18.
(Update: The watered-down legislation was signed by Gov. Bill Ritter on June 1, 2009.)
The Colorado Spring Gazette had this choice quote from Sen. Keith King, R-Colorado Springs, who wondered why the “ridiculous” bill only banned handheld cell phones while the vehicle was in motion:
“At every stoplight, watch from now on, if we pass this bill. Everybody’s going to get out and do all their texting at every stoplight,” King said.
Would that be a Colorado fire drill?
Another astute query, this time from Sen. Dave Schultheis, R-Colorado Springs, who wanted to know why police and commercial truck drivers would be exempted from the handheld cell phone ban:
“If a person in a little Fiat is on a cell phone, whose car weighs a couple thousand pounds, somehow that’s supposedly more dangerous than a person with a 10,000-pound vehicle? What’s with that?”
Ummm … because police and truckers are professional drivers who routinely communicate in emergency situations?
At least these Republicans’ arguments are more entertaining than the usual: Why don’t we just ban coffee drinking and petting poodles while driving.
Bacon figures he’ll have a better chance next year, as Colorado’s cell phone-related death count continues.
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