New Mexico: Cell phone laws, legislation

Cell phone, text messaging legislation news: No distracted driving legislation was approved during New Mexico’s 2011 legislative session. The House did OK Rep. Antonio Lujan’s bill outlawing texting while driving, but it died after clearing a key committee in the Senate.

Current prohibitions:
No statewide limits on cell phones except for their use by driving students and drivers of state vehicles.

Local ordinances restrict driving while cell phoning and/or texting in Albuquerque, Santa Fe, Las Cruces, Gallup, Taos and Espanola.

Distracted driving notes (2011):
Las Cruces’ ban on handheld cell phone use while driving went into effect in February 2010. As of April 2011, almost 1,100 drivers received tickets for violations. The Las Cruces Sun-News pointed out in an editorial that the total number of distracted driving citations translated to fewer than three tickets a day: “That’s pretty dismal enforcement. … All you have to do is ride around town for a while and count the number of drivers you see who have phones glued to their ears.” Mayor Ken Miyagishima said he saw a reduction in cell phone use, however. “I knew when we put in the ordinance we weren’t going to have 100 percent compliance,” he told the Sun-News.

State Rep. Antonio Lujan tried again in 2011 with the distacted driving measure HB 197. “I have introduced this bill for a few years now because I find it to be an important public safety measure,” he said. “This will ultimately save lives.” The bill found success in the House but not in the Senate, where it died late in the session.

Lujan, D-Las Cruces, has been working for distracted driving legislation for at least five years, including last year’s kitchen-sink HB 10 (below), which was approved by the House and backed by the governor. This year he’s looking for success with a plan that’s limited to texting: “This is a simple, straightforward bill,” he says of HB 197.

“I haven’t given up on a bill to ban cell phones,” Lujan said after the House vote to approve his HB 197.

The original punishments for texting while driving in HB 197 were $25-$100 (first offense), $50-$1,000 (second). Possibility of jail time ranging from five days to six months. Possible license suspension.

2011 distracted driving legislation:
House Bill 197 (substitute): Seeks to ban text messaging while driving. Fine: $25. House Judiciary Committee created and approved this substitute bill that slashed the original bill’s fines. The substitute bill was approved by the House in a 58-7 vote on March 1 and sent to the Senate, where it was approved by the Judiciary Committee in a 6-0 vote on March 17. Current status: “Action postponed indefinitely,” meaning bill died in Senate. (Lujan)

2010 legislation (dead):
HB 10: Would ban handheld cell phone use by drivers, text messaging and similar wireless communications. Hands-free operation OK. Train operators banned from all cell phone use. School bus operators cannot use cell phones except for official business. Fines for drivers $25. Approved by the House in a 35-30 vote on Feb. 9, 2010 and sent to the Senate Public Affairs Committee. (Lujan, Garcia)

SB 89: Would outlaw text messaging while driving in New Mexico. Fines $50 then $100. Approved by the Judiciary Committee on Feb. 8. (Fischmann) (Also SB 188 by Lovejoy)

2010 legislation notes:
Gov. Bill Richardson has called distracted drivers “a menace to our streets.” (He left office in early 2010, replaced by Susana Martinez.)

Richardson backed HB 10, which would ban use of handheld wireless communications devices for all drivers. “We’ve all seen drivers swerving around the road while talking on the phone and texting, putting the safety and lives of New Mexicans in danger,” Richardson said Dec. 15.

Violators under HB 10 would have been fined $250 in the original bill, but that was cut to $25 in committee.

2009 legislation:
HB 301 would prohibit text messaging while operating a motor vehicle. Approved by the New Mexico House on Feb. 26 and sent to the Senate.

SB 341: Would ban reading, writing and sending text messages while driving. (Appears identical to HB 301.) Approved by the Senate on March 5 and sent to the House.

2009 legislation notes:
Rep. Lujan introduced HB 301, which would outlaw text messaging while operating a motor vehicle. The bill was approved in the House on a 35-24 vote but did not advance in the Senate. It called for a $100 fine per violation, high for the state. “(Texting while behind the wheel) seems to be much more hazardous and becoming more and more prevalent,” Lujan said.

Sen. Lynda Lovejoy, D-Crownpoint, authored the Senate version of the text messaging legislation. “I have young adult children, and I have a whole slew of nieces and nephews, and when I travel with them it is very frightening when they use their text messaging,” she said. The bill was approved in the Senate on a 22-15 vote.

Local cell phone/texting laws:

Bosque Farms’ city council and mayor are considering a draft ordinance that would outlaw text messaging and the use of handheld cell phones while driving. After changes penciled in on a Dec. 22, 2010, working session, a vote is expected in early 2011.

Las Cruces’ ban on text messaging and use of handheld cell phones hasn’t made much of an impact, apparently. The Sun-News reports the law “is being blatantly and flagrantly ignored.” The newspaper’s editorial writer asks, “Why isn’t this law being enforced? … Drivers all over the city are motoring around with cell phones firmly pressed against their ears.”

The Las Cruces distracted driving ordinance went into effect Feb. 4, 2010. The City Council approved the plan Dec. 7, 2009.

Espanola‘s ban on drivers’ use of handheld cell phones is in effect as of July 1, 2009. Police chief Julian Gonzales had this advice for citizens: “Stay off the phone, quit texting, drive your vehicle, pull over if you have to.”

The Gallup city council voted Dec. 11, 2008, to punish distracted driving resulting from text messaging, cell phones, applying make-up, etc.

Santa Fe’s local ban on use of hand-held cell phones while driving survived an attempted repeal on June 9, 2008. Councilors voted 6-2 to keep the ordinance, first enacted in 2001. The city is averaging 124 tickets a month, the Santa Fe New Mexican reported.

Councilor Rebecca Wurzburger wants to hike the fine from $100 to $500: “We should experiment with expanding this law, not retracting it,” she said. Other councilors said they would support extending the ban to all use of cell phones while driving, including those with hands-free devices.

Previous legislation:
The Legislature considered a ban on cell phone use without a hands-free device in 2006, but the legislation failed to clear committee.

Hawaii: cell phone laws, legislation

Cell phone, text messaging news: All of the state of Hawaii’s counties have enacted distracted driving laws. If you drive in Hawaii, be aware that text messaging and the use of handheld cell phones are illegal.

Honolulu’s fine for use of handheld cell phones while driving increased to $147 on July 1, 2011. View the Honolulu distracted driving ordinance.

Oahu reaped more than $1.6 million in tickets over the first two years of its distracted driving law.

Current statewide prohibitions:
None.

Distracted driving legislation (2012):
HB 623 (HD1): Makes it a petty misdemeanor to operate a motor vehicle while using a text messaging device or otherwise accessing the Internet. Provides for felony charges if injury or death results from violation. Voice-operated or hands-free technology OK. Recommended by the Transportation Committee on Feb. 7 and sent to the Judiciary Committee. Carried over from the 2011 session. (Evans)

HB 1184: Would direct state to turn over to county law enforcement any revenue from tickets issued for drivers’ use of mobile electronic devices. Carried over from the 2011 session (Tokioka)

Distracted driving notes:
Distracted driving ticket totals as of June 2011 (law enactment month in parentheses):
Oahu County: 20,654 tickets (July 2009)
Hawaii County: 1,359 tickets (January 2010)
Kauai County: 930 tickets (May 2010)
Maui County: 964 tickets (July 2010)

source: Attorney General’s Office as reported by the Honolulu Star-Advertiser

Distracted drivers in Pearl City and Kalihi were the targets as Honolulu police ran a sweep on the weekend of June 24, 2011. Almost 110 citations were handed out for illegal use of cell phones while driving. Police said they would continue sweeps across the island.

Police say they’ve issued more than 20,000 citations (as of June 2011) since the Oahu county law against electronic distracted driving went into effect in the summer of 2009. In 2010, police issued 10,101 tickets. In the first four months of 2011, the number was 3,757.

Honolulu was looking into expanding its ban on using handheld electronic devices while driving to pedestrians. The ordinance (Bill 43) would have prohibited pedestrians from crossing streets while using mobile electronic devices such as a cell phones, video games, laptops or cameras. Local police opposed the distracted pedestrian plan as “over broad.” OK’d on first reading May 11 but appears dead.

2011 legislation (dead):
HB 623: Makes it a petty misdemeanor to operate a motor vehicle while using a text messaging device or otherwise accessing the Internet. Voice-operated or hands-free technology OK. Recommended by the Transportation Committee on Feb. 7 and sent to the Judiciary Committee. (Evans)

HB 1184: Would direct state to turn over to county law enforcement any revenue from tickets issued for drivers’ use of mobile electronic devices. (Tokioka)

2010 legislation notes:
Maui Mayor Charmaine Tavares signed into law a ban on use of handheld electronic devices while driving. Fines for text messaging or using handheld cell phones while driving are a maximum of $100 (first offense) and then up to $250. The county law also bars drivers with restricted licenses from using cell phones, regardless of whether a hands-free device is employed.

“With motorists increasingly using unsafe practices like texting while driving, we find ourselves joining the state’s other counties in enacting this new law,” Maui’s Tavares said at the July 6 signing. Maui was the last of the state of Hawaii’s counties to adopt distracted driving laws.

The Maui County Council approved the distracted driving Bill 40 in a series of votes leading up to the mayor’s approval. The Maui Police Department said it would begin writing tickets immediately.

Kauai’s mayor signed into law a ban on drivers’ use of handheld cell phones and text messaging devices. It went into effect May 23. The public safety committee unanimously approved the plan on Jan. 13, followed by the City Council. The mayor signed the legislation Feb. 23.

The Kauai law cites “mobile electronics devices” such as laptops, video game units and PDAs, but does not include GPS. Fines would be $50 or $100 in school zones or roadwork sites. The bill deliberately does not exempt hands-free devices for cell phones.

Fines would be $100 and then $250. The Maui plan also would bar drivers under 18 and others with restricted licenses from using cell phones, regardless of whether a hands-free device is employed. The legislation, expected to become law July 1, 2010, would mean all of the state of Hawaii’s counties have adopted distracted driving bans.

“It’s time to make this a reality,” said Maui County Council member Mike Victorino. “Enough is enough.”

Maui banned use of handheld electronic devices while driving. The mayor signed legislation into law on July 6, 2010. The ban, which includes text messaging and handheld cell phones, took effect immediately.

Kauai’s driving ban on handheld cell phones and text messaging became effective May 23, 2010. The Big Island’s ban on handheld cell phone use went into effect Jan. 1, 2010. Honolulu also has banned the holding of electronic devices while driving. The law includes cell phones and text messaging devices.

Archived cell phone, texting legislation:
HB 14: Would prohibit text messaging by drivers and use of cell phones unless a hands free device is employed. Part of an omnibus traffic-safety bill. Carried over to the 2010 session. (Marumoto)

HB 89: Would outlaw use of cell phones for text messaging (all drivers). Fines up to $100. Carried over to the 2010 session. (Mizuno)

HB 15: Would outlaw text messaging while operating a motor vehicle and drivers’ use of handheld cell phones. Fines up to $100. Carried over to the 2010 session. (Marumoto)

HB 1158: Restricts drivers under 18 with provisional licenses from various forms of distracted driving, including use of all cell phones “and other electronic devices.” Also covers eating food, grooming and reaching for objects. Companion to SB 976. Carried over to the 2010 session. (Say)

HB 502: Same as HB 1158 (above). Carried over to the 2010 session. (Finnegan)

SB 760: Would prohibit drivers from using mobile telephones while driving unless the wireless device can be operated hands-free. Carried over to the 2010 session. (Chun)

SB 13: Seeks to ban drivers from using cell phones without a hands-free attachment. Would outlaw text messaging for all drivers. Carried over to the 2010 session. (Taniguchi)

SB 249: Would prohibit all drivers from text messaging and using cell phones without a hands-free device. Fines from $100-$500. Carried over to the 2010 session. (Gabbard)

SB 250: Would ban text messaging and emailing by all drivers. Violation does not occur unless an accident results. Carried over to the 2010 session. (Gabbard)

SB 275: Would prohibit drivers from using cell phones not equipped for hands-free use. Provides for forfeiture of violators’ cell phones. Carried over to the 2010 session. (Nishihara)

SB 976: Drivers under the age of 18 with restricted licenses would be banned from a range of distracted driving behaviors, including use of electronic devices and making cell phone calls (regardless of whether a hands-free device is employed). Also cites eating food, grooming and reaching for objects. Companion to HB 1158. (Hanabusa)

SB 1054: Seeks to restrict various forms of distracted driving, including use of handheld cell phones “and other electronic devices.” Also covers eating food and grooming. Secondary enforcement. Carried over to the 2010 session. (English)

Previous legislation notes:
SB 760, from Sen. ‘Susie’ Chun Oakland, D-Kalihi-Liliha, was approved on first reading Jan. 26, 2009. SB 976 from Senate president Colleen Hanabusa, D-Waianae passed on first reading Jan. 28.

HB 14 and HB 15 are sponsored by Rep. Barbara Marumoto, R-Kahala. The traffic-safety legislation was sent to committee Jan. 23, 2009.

SB 274 and 275 are sponsored by Sen. Clarence Nishihara, D-Waipahu. The cell phone-confiscation provision seems to be a first in the nation. They were referred to committee Jan. 28, 2009.

Regional Hawaii cell phone legislation:
Maui’s plan to outlaw use of handheld electronic devices while driving hit a snag on Feb. 18, 2010, when the Maui County Council Committee of the Whole voted 5-4 to delay consideration of Councilmember Joe Pontanilla’s measure. Fines would be $100 and then $250.

Hawaii County (the Big Island) has banned the use of handheld cell phones, meaning motorists must use a hands-free device. Violations will cost up to $150. Drivers causing accidents while using a mobile electronic device are subject to $500 fines. The Big Island ban was approved by the County Council on June 16, signed into law June 25, and went into effect Jan. 1, 2010.

Honolulu has banned the use of handheld cell phones, text messaging devices, laptop computers and similar wireless gear. The law was signed by Mayor Mufi Hannemann on May 7, 2009, and went into effect July 1. “This historic and comprehensive legislation was carefully crafted to help improve public safety on our streets and highways,” Hannemann said, perhaps referring to the issue’s long history in the city.

The fine for first offenses is $67. Honolulu police have posted an FAQ page related to the ban on use of mobile electronic devices while operating a motor vehicle.

Mayor Mufi Hannemann vetoed a text messaging plan in February after police complained they had no way of telling what a driver was doing while holding a cell phone. Honolulu 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.”

The Honolulu City Council voted 6-1 to ban drivers from holding electronic devices such as cell phones while driving. Honolulu Council members Rod Tam and Donovan Dela Cruz introduced the Honolulu ordinance banning use of handheld electronic devices while driving.

The Star Bulletin editorialized in support of the Honolulu cell phone ordinance on April 11:

“(Bill 4) should not encourage drivers to trade in their hand-held cell phones for hands-free devices in the belief the latter is safe. The use of either kind of cell phones is distracting, causing the driver to concentrate on the conversation rather than the road. Studies have shown that use of a cell phone — hand-held or hands-free — while driving is as dangerous as driving drunk.”

Honolulu’s earlier plan to ban text messaging was approved by the City Council on January 28, 2009, but the plan was overturned by Mayor Mufi Hannemann on Feb. 13. The council failed to overturn the Honolulu texting bill veto in a vote Feb 25. Three councilmen changed their votes to allow the veto.

The Honolulu mayor cited problems with enforcement. City police stood against the texting bill, saying that enforcement would be difficult. Police also have lobbied against state cell phone legislation.

The bill’s author, Councilman Charles Djou, said after the veto vote: “The text messaging driving ban has become a clear victim of typical city politics under the current mayor.” Earlier he noted: “I think (the ban) is needed and I think the community recognizes that text messaging and video game playing while driving is unacceptable.”

A Honolulu bus driver was videotaped playing PS2 games while driving. He kept his job.

Previous cell phone/texting legislation:
All state attempts to prohibit the use of handheld cell phones while driving have failed.

Rep. Joe Souki has led efforts to restrict use of cell phones in Hawaii. His hands-free legislation of 2005 passed in the House but was killed in the Senate.

MADD-Hawaii testified in favor of HB 1987 in January 2008: “Young drivers continue to be over-involved in highway crashes in Hawaii and across the
country. Studies have shown that novice drivers tend to be more easily impaired by distractions such as multiple passengers in the vehicle than are more experienced drivers. With more teens using cell phones, there is an increasing risk of young drivers causing crashes as a result of the distraction of having a cell phone conversation while operating a vehicle.”

Captain Evan Ching of the Traffic Division of the Honolulu Police Department testified on HB 1987 that “it would be difficult to enforce” and “problematic.” The HPD officially opposed the bill.

Numerous bills were filed for the 2008 legislative session seeking to limit use of cell phones.

HB 2462, HB 3323: Would have required use of hands-free devices by drivers. Not heard in committee.

SB 3120, HB 3198, HB 1987: Would have prohibited use of cell phones and other electronic devices by drivers under the age of 18, including those driving with a provisional license.

« Previous Page