‘Oprah’ carries Michigan text bill signing

Gov. Jennifer Granholm had been expected to sign Michigan lawmakers’ ban on text messaging while driving. No one figured she’d be doing it on “The Oprah Winfrey Show.”

Granholm signed the bill in downtown Detriot, during a rally shown live on the second live “Oprah” special dedicated to the dangers of distracted driving. “Thanks for your leadership,” the governor said to the talk show host.

The “Oprah” program also broadcast parts of no-cell-phone rallies in Atlanta, Los Angeles, Boston and Washington, D.C.

Winfrey declared April 30 “National No Phone Zone Day,” named after her distracted driving campaign and petition.

U.S. Secretary of Transportation Ray LaHood said he was “proud to support and participate in Oprah’s ‘No Phone Zone Day.’”

“This show takes it to an all-new level of awareness,” LaHood said on the broadcast, commenting from Washington. “It’s an epidemic in America because everyone has a cell phone. Everyone thinks they can drive safely with a cell phone.”

Granholm enacted the no-texting law at General Motors Co.’s headquarters. The carmaker asked its employees and dealers to sign the “No Phone Zone” pledge.

The Michigan Legislature’s text messaging ban was approved more than a week ago, but the final dot was applied April 28.

The bill originally called for secondary enforcement, but was upgraded to primary in the Senate. The law takes effect July 1.

Winfrey’s first show dedicated to distracted driving was called “America’s New Deadly Obsession” (view Oprah video).

The No Phone Zones rallies were organized with “Oprah” show stations WSB-TV Channel 2 in Atlanta, WCVB-TV Channel 5 in Boston, WXYZ Channel 7 in Detroit, KABC ABC7 in Los Angeles and WJLA ABC7 in Washington, D.C.

“Oprah has an ability to change the world,” a man who lost his son noted on the last show.

(This report has been updated with information from the broadcast.)

When legislators attack (texting bills)

Two lawmakers have dug in their heels on texting while driving legislation, effectively killing texting bills in Florida and Alabama.

In Florida, the chairwoman of the House Finance and Tax Council says the primary bill that would ban texting and driving is “intellectually dishonest.” She refuses to allow a vote on its merits.

Rep. Ellyn Bogdanoff, R-Fort Lauderdale, says HB 41 is “not stalled. It’s dead.” (HB 41 is the companion to SB 448, which is moving ahead in the Senate.)

Bogdanoff’s beef seems to be that the bill ban behaviors that she says are already covered under state careless driving laws. Like many opponents of distracted driving legislation, she lays on the smoke by calling for a bill that covers less dangerous activities like putting on makeup — a bill that could never pass.

“Never mind the fact that more than a dozen bills on the topic were offered during this session, or that Gov. Charlie Crist was poised to sign a texting ban,” the Sunshine State News wrote in blasting Bogdanoff.

Bogdanoff, pictured at left, is an attorney. She admits to texting behind the wheel and notes that we are a “multitasking society now.” You can email Bogdanoff at ellyn.bogdanoff@myfloridahouse.gov

Rep. Doug Holder, R-Sarasota, a coauthor of the bill, told the St. Petersburg Times: “What can you do when someone just locks down and says, ‘I am not going to move forward,’ which she clearly has done?”

“What happened in Florida is just appalling to me,” said Jennifer Smith, the president of the survivors advocacy group FocusDriven.

It gets worse.

In Alabama, hopes for a text messaging while driving ban were crushed when a band of lawyers serving in the Senate insisted on inserting language that favors plaintiffs in crashes linked to texting.

Sen. Roger Bedford, D-Russellville, was the ringleader — an attorney, of course. He is a key player on the Senate Judiciary Committee and had support of its chairman — another attorney.

An insurance company objected to the lawyers’ provision, which presumed negligence on the part of a text-messaging driver in a crash. (More lawsuits meaning more attorney fees.) The collision of these self-servers brought the distracted driving plan to a halt as time ran out on the legislative session.

The bill, HB 35, had easily won approval in the state House and had broad support in the Alabama Legislature.

Days after the bill died, the Huntsville Times editorialized: “Opponents of this ban should be ashamed of themselves for killing this life-saving bill. … Bedford, Alfa (the insurance group) and whoever else torpedoed the text ban law are wrong. … (Their) excuses, frankly, don’t make sense.”

Feel like dropping Bedford an email? — senbedford@aol.com

Rep. Jim McClendon, R-Springville, says he’ll be back with the legislation in 2011.

‘Erica’s Law’ goes to Congress

States that don’t ban cell phone use by drivers in school zones would lose federal funding under a bill proposed by Colorado congresswoman Betsy Markey.

“Erica’s Law” is named after 9-year-old Erica Forney, who was killed by a driver using a cell phone. The girl was biking home after school. Erica lived in Markey’s district of Fort Collins.

Several bills are pending in Congress that would tie distracted driving laws and federal highway funding, including one sponsored by West Virginia’s Sen. Jay Rockefeller.

Colorado’s ban on text messaging went into effect in December. A hands-free provision was stripped from the legislation (HB 1094) before passage, however. The law also prohibits drivers under 18 from using any kind of cell phone. Gov. Bill Ritter signed the text-messaging ban in Fort Collins as a reminder of Erica.

“When any of us get behind the wheel of a car, driving safely and responsibly must be our number one priority,” said Markey, a Democrat. “Having seen the tragedy of distracted driving strike so close to home in my own community and as a mother of three, it is the responsibility of all Americans to help safeguard our children, and there’s no better place to start than in our neighborhoods’ school zones. …

“Studies show that distracted driving is just as dangerous as drunk driving,” Markey added.

Erica Forney’s mother, Shelley, said she communicated with Markey on the bill, which is “phenomenal.”

Markey recently pushed through the congressional designation of April as Distracted Driving Awareness month. She also hosted a distracted driving summit in Fort Collins on March 27.

Kentucky, Nebraska go texting-free

Welcome Kentucky and Nebraska to the club: They’re the 22nd and 23rd states to ban text messaging while driving.

The House and Senate approved Kentucky’s ban on texting while driving April 1. Two weeks later, the bill became law.

No drama there: Gov. Steve Beshear banned text messaging for state employees in 2009. He previously called the texting plan (HB 415) “a common-sense bill to protect all Kentucky drivers.”

Kentucky’s new distracted driving rules also outlaw the use of personal communications devices by motorists under the age of 18 with learner’s permits.

Rep. Tom Riner, sponsor of HB 415, called the passage “nothing short of a miracle.”

Fines are $25 (first offense) and then $50, plus court costs. Drivers will be issued warnings until Jan. 1.

Nebraska Gov. Dave Heineman signed that state’s texting ban into law on April 13. It calls for secondary enforcement, which was a downgrade from the bill’s original intent.

Fines begin July 1. They are $200 for first offense; $300 for second; and $500 plus three points on the driver’s license for repeat violations.

Legislative Bill 945, authored by Sen. John Harms, Scottsbluff, cleared the full Legislature on April 8, in a 38-2-9 vote. Harms previously succeeded in prohibiting cell phone use and texting by drivers under 18.

Twenty-three states now have banned text messaging while driving. So far in 2010, Iowa and Wyoming also prohibited the practice.

Alberta distracted driving law unveiled

Alberta would no longer be “Canada’s traffic-safety donkey” under long-delayed legislation that would tackle distracted driving.

The province’s Tory government called the plan “some of the most comprehensive distracted driving legislation in Canada.”

Bill 16, introduced April 14, would outlaw drivers’ use of handheld cell phones (hands-free OK), as well as PDAs and other handheld electronic communications devices. Texting would be included in forbidden activities.

Alberta’s distracted driving legislation includes a ban on “personal grooming” while driving. While frequently cited (by dubious lawmakers) during distracted driving debates in North America, this is one of the few measures to seriously propose such a ban.

“Drivers can be distracted behind the wheel for many reasons other than talking on their phone,” said MLA Art Johnston, who introduced the bill. “This legislation goes beyond a simple hand-held cellphone ban.”

Also prohibited for drivers would be non-commercial use of CB radios, writing, drawing, sketching and non-transportation-related video screen watching.

(Update) A day later, the government raised the possibility that enforcement might be secondary if the law is approved — meaning police need another reason to pull over drivers before issuing a citation.

Alberta had been criticized by safety groups and some legislators for dragging its feet on distracted driving legislation while other provinces took action.

The Calgary Sun editorialized in January: “The Stelmach government keeps dangling the carrot (of distracted driving laws), and then yanking it away. … Alberta … is set to become Canada’s traffic-safety donkey once again.” The paper cited fear of drops in popularity polls as one reason for the delays.

Alberta Premier Ed Stelmach cited a “busy agenda” as the reason no distracted driving legislation was proposed for 2009.

Strathcona County (east of capital Edmonton) has the province’s only law against driving while cell phoning and text messaging.

MLA Johnston, Calgary-Hays, is a former policeman who has been pushing for distracted driving for years. “I appreciate the great input of law enforcement and traffic safety stakeholders that has led to the introduction of this legislation,” he said. “This is a complex issue and I believe we have found a good balance between enforcement and safety.”

Aussies: ‘Don’t be a dickhead’

The government of Victoria, Australia, has an official message for its citizens: “Don’t be a dickhead. Don’t use your phone.”

The opposition party and a loose coalition of teachers, moralists and conservatives aren’t amused, saying the driving safety campaign sends a bad message to the state’s youth and is an affront to educators.

Finance and Water minister Tim Holding says, “Whatever it is, indeed it’s already promoted debate.”

“Our road safety campaigns in Victoria have always provoked debate and discussion and sometimes it’s because of the graphic images that have been presented, sometimes it’s the use of humor, controversy,” Holding told (the Australian) ABC News.

The VicRoads ads seek to communicate with young drivers through their online social networks; “This is about talking directly with young Victorians and passing on the road safety message through their social network,” said Roads Minister Tim Pallas. “Viral ads spread through word-of-mouth and people connecting with each other online.”

The opposition party’s transportation guru called the off-color campaign an “appalling” message to send to children and an affront to the teachers who have to deal with them daily. One of the ads seeking to prevent Australian distracted driving shows a girl flipping off the narrator who appeals for cell phone-free driving, while another devoted to seatbelt use features a young geek hammering a PC in anger (video below).

They actually have someone called a respect minister down there, and he gets the last word here: “Anybody who puts somebody else’s life at risk, or their own life, by the way they drive or conduct themselves on the road is no doubt going to be called a lot of things,” he said.

Maryland OKs handheld cell phone ban

Maryland’s Legislature has approved a ban on handheld cell phone use while driving. The law will team up with the state’s ban on text messaging while driving, approved last year.

The handheld cell phone bill, which calls for “secondary” enforcement,” won final approval April 9 and was sent to Gov. Martin O’Malley, who plans to sign it.

The same day, a Nebraska ban on texting while driving was sent to the governor. It, too, is limited to secondary status. The state’s governor vetoed a distracted driving bill in 2007, but was overridden.

The Maryland measure, which originated in the Senate, is dubbed the Delegate John Arnick Electronic Communications Traffic Safety Act, in honor of the late lawmaker who started pushing for cell phone driving regulation back in 1999. His friend Sen. Norman R. Stone Jr., D-Dundalk, is the sponsor.

Specifically, the Maryland bill bans the use of hands to operate a cell phone other than dialing or turning the device off and on. Drivers over 18 with restricted licenses are prohibited from using handheld cell phones, period. (Teens with restricted licenses already are prohibited from using the phones.)

The bill won final approval in the House vote of 125-14, with numerous amendments aimed at derailing the bill defeated on the final day.

Still, SB 321 doesn’t have a lot of teeth — fines start at $40 and police cannot stop a motorist simply because they believe the person is texting while behind the wheel. The bill’s fines were more than cut in half during the legislative process, from $100/$250 to $40/$100.

Still, Maryland joins an elite group of states that ban both text messaging and the use of handheld cell phones.

And Maryland also has exhibited a willingness to fix problems with distracted driving legislation: The House has approved legislation (HB 192) that would prohibit the reading of text messages while driving, an activity that remained legal under the 2009 law. (update): The Senate was expected to go along, but voted at the last minute to apply the texting law only to vehicles that are in motion. This put the bill back into play as the 2010 session ended.

Iowa texting ban takes effect July 1

Iowa became the 21st state to ban text messaging while driving as Gov. Chet Culver signed the plan into law.

The state’s public safety commissioner then presented the governor with a coffee mug that said: “Don’t Drive Intexticated.”

“We want to be the very best state in America when it comes to safe roads,” Culver said — although the Iowa texting ban was watered down to secondary-enforcement status as it made its way through the Legislature. (The measure was a compromise by the House and Senate.)

The law’s additional ban on use of all handheld electronic devices by teen drivers with learner’s permits carries primary enforcement, however, meaning police can stop and cite violators for that reason alone. With the secondary enforcement, motorists can’t be stopped simply for texting.

The law begins July 1, with a one-year warning (education) period.

Meanwhile, Kentucky legislators also approved a similar ban on texting and teen use of cell phones. The bill was sent to the governor on April 1 and is guaranteed his signature.

Iowa safety commissioner Eugene Meyer said at the signing: “We’ve now eliminated a very important distraction. Our roads are going to be dramatically safer.”

The law prohibits local governments from adopting stricter bans. Dubuque recently adopted a such a law, with the mayor noting the lack of state laws. “If we have to be the leaders, then we have to be the leaders,” he said at the time. Local lawmakers in some states with secondary enforcement mandate primary enforcement for their area.

“It’s a common-sense, bipartisan bill that will save lives, and keep Iowa drivers safe — especially our young people,” the Iowa governor said at the signing ceremony. He was joined by state troopers and police officers, as well as Democratic and Republican legislators who backed the bipartisan distracted driving bill (HF 2456)

72 percent of adults surveyed earlier in the year by the Iowa Poll/Des Moines Register responded that text messaging on the road should be a priority during the legislative season.

“The people of Iowa have had it,” said Rep. Mary Mascher, D-Iowa City. “They don’t want people texting and driving.”

DOT seeks full trucking & texting ban

The nation’s interim ban on text messaging by truckers is on the road to becoming permanent.

The U.S. Department of Transportation announced Wednesday that it had officially proposed the rule and was entering a 30-day comment period.

“We get that the trucking biz is hard,” DOT chief Ray LaHood tweeted after the announcement. “We’re just trying to save lives.”

The rule applies to interstate truckers and bus drivers whose vehicles weigh more than 10,000 pounds. Violators would face fines and possible disqualification from commercial trucking. The interim ban was based on interpretation of existing regulations.

A Virginia Tech Transportation Institute study from last summer found that the truckers who were texting were 23 times more likely to get in a wreck. The DOT helped pay for the texting and trucking study.

Federal Motor Carrier Safety Administration chief Anne Ferro said: “We are committed to using every resource available to eliminate the dangers of distracted driving. And this rule-making to prohibit texting by interstate commercial truck and bus drivers reinforces that commitment.”

The trucking industry has been carefully watching any efforts to limit technology in its big rigs, but appears to support this action. The DOT rule would not prohibit talking on cell phones, or using devices like GPS or in-cab fleet management systems. The FMCSA said it “plans to address these distractions in future rulemakings.”

One of the highest-profile tragedies involving a tractor-trailer came on Florida’s infamous “Bloody 27″ highway, heavily used by truckers. Heather Hurd, 27, was killed by a trucker who was fumbling for his text messaging device as he slammed into her vehicle, which was stopped at a red light. Her fiance was seriously injured and another woman died as well. The fatality inspired Heather’s Law, which is back before the Florida Senate this year as SB 244.

The DOT signaled its intention to pursue the interstate ban on text messaging at last fall’s Distracted Driving Summit.

The DOT unveiled a new web site for comments on regulations, which in this case will be accepted until May 3.