Calif. gov gets bill doubling fines

The state Senate and House have approved Sen. Joe Simitian’s SB 28, a reprise of his 2010 plan to more than double fines for distracted driving violations. The 2011 bill was sent to Gov. Jerry Brown on Aug. 15.

Update of Sept. 7: The governor vetoed SB 28, saying its fines were too punitive for most people.

Under the Simitian plan, fines for using handheld cell phones or text messaging while driving would have increased to $50 (first offense) and $100.

In addition, a point is charged against the driver’s license on second and subsequent offenses. A first offense would cost violators about $310 after court costs. Repeat offenses will hit $528, plus the point.

“While the numbers show that compliance is good and that California’s hands-free law is working, we can do better and save even more lives,” said Simitian, following the bill’s passage.

The bill now applies to bicyclists. After lobbying from bicyclists groups, the penalties in the Simitian plan were set at $20 for a first offense and $50 thereafter, with no added fees — and no point on their driver’s license.

Read the SB 28 press release

In N.Y., texting a primary offense

New York means business with violators of its texting and driving law: The governor signed legislation giving primary enforcement status to the offense.

That means law officers can stop and cite offenders of the state’s electronic distracted driving laws. Handheld cell phone use already carries primary enforcement status in New York.

Gov. Andrew Cuomo also said he would order the DMV to carry out his plan to assess a third point against the drivers licenses of texting and handheld cell phone violators.

“It’s plain and simple: Distracted driving leads to tragedies that have affected families all across New York,” Cuomo said while signing the bill in Manhattan on July 12. “This new law will help ensure that drivers keep their eyes on the road and their hands on the wheel.”

The Assembly and Senate on June 14 approved the texting plan, sponsored by Sen. Carl Marcellino, R-Long Island, and Assemblyman Harvey Weisenberg, D-Nassau County. The law resulting from bills S5643 and A8106 did not increase penalties for violators — just increased the chances of their being pulled over and cited. The fine for violations remains at $150.

The governor’s plan for the third point did not clear the legislative, so he’s doing it administratively, via state regulations. New Yorkers who text and drive became subject to 2-point penalties earlier this year. That rule change brought handheld cell phone violations in line with penalties under the state’s newer (2009) text messaging law.

Marcellino said at the texting-bill signing, “With this new legislation, New York State driving laws have finally caught up with today’s technology.”

Weisenberg added, “As a former police officer, I’ve seen the devastation caused by distracted drivers. Today, we are giving law enforcement the tools they need to keep our roads safe and prevent future accidents.

Read the New York distracted driving news page

Nevada nixes texting, driving

Nevada’s governor has approved legislation banning handheld cell phone use and text messaging for all drivers. The Assembly’s final vote came May 30 and the Senate signed off June 4.

Nevada is now the 34th state to ban texting while driving.

The measure, SB 140, has was approved by Gov. Brian Sandoval, who made it clear that he would support a statewide ban on text messaging while driving. The law will go into full effect Jan. 1 with warnings to be handed out in October. Fines are $50 then $100 and then $250.

Sen. Shirley Breeden was the bill’s author. Her texting bill of 2010 failed to get out of committee, but, undaunted, she added handheld cell phones to 2011 plan. “We’re going to go for the whole enchilada,” she said as the legislative year began.

DOT chief Ray LaHood issued the customary praise press release: “I commend Gov. Sandoval for signing legislation that will help save lives and put a stop to dangerous distracted driving behavior on Nevada roads.

“In a split second, the consequences of texting behind the wheel can be devastating. There’s no call or text so important that it can’t wait.”

Cuomo seeks tougher penalties

Saying that “current warnings, educational programs and driving laws aren’t working,” Gov. Andrew Cuomo has proposed legislation that would crack down on drivers using a variety of portable electronics.

The governor’s plan would make drivers’ use of any portable electronic device subject to primary enforcement, meaning police would not need another reason to stop and cite them. Handheld cell phone violations already are marked for primary enforcement in New York.

Cuomo’s plan also threatens repeat violators with loss of their driving privileges: The governor calls for an additional point against offenders’ licenses, making the demerits for texting or talking on handheld cell phones total three.

(Update: Gov. Cuomo said he would add the third point at an administrative level, after that plan failed in the legislature. He also signed legislation July 12 making texting a primary offense.)

“We need to impose a true deterrent to stop people from driving while using an electronic device and to keep our roads and citizens safe,” Cuomo said June 10.

Handheld cell phone violators in New York just began receiving two points in February, an action taken to make the penalty consistent with existing text messaging laws.

“Distracted driving is nothing less than a lethal activity for the driver themselves, other drivers on the road, and pedestrians,” Cuomo said.

The New York Senate already approved a plan giving primary enforcement status to the offense of text messaging while driving. The measure was sent to the Assembly on May 3 and is expected to pass in the coming days.

The governor’s plan is broader, covering numerous electronics devices, such as tablet computers and smartphones.

That bill’s sponsor, state Sen. Carl Marcellino, R-Long Island, told the New York Times he was concerned about the number of electronic devices outlawed under the governor’s plan: “I think we have to be careful because it’s a very expansive bill.”

The legislation would mandates that distracted driving be included in New York’s defensive driving courses and materials.

DOT chief Ray LaHood checked in after news of the Cuomo plan broke: “I commend Gov. Cuomo for introducing strong legislation that will help save lives and put a stop to dangerous distracted driving behavior on New York roads.”

Read more about New York’s distracted driving laws.

Maine outlaws texting & driving

Maine became the 33rd state to ban texting while driving as Gov. Paul LePage signed off on the safety legislation June 3.

Maine’s texting and driving law goes into effect in September 2011, 90 days after the legislature adjourns. Fines will be no less than $100, although higher penalties were not specified.

The distracted driving law calls for primary enforcement, meaning police can stop and cite motorists for the offense without further cause. Previously, police could not stop drivers solely because they were observed text messaging while behind the wheel.

Final approval of the bill came in the House and Senate on May 23.

Sen. Bill Diamond (pictured), D-Windham, was the author of LD 763. He also created Maine’s general distracted driving law of 2009, which penalized motorists who fail to have their vehicles under control due to wide range of behaviors.

Diamond said in August: “While Maine took a big step forward passing a distracted driver law in 2009, it is clear to me now that measure deals more with the effect.” Instead, he said, the new texting measure “deals better with the cause of the problem.”

The Maine Chiefs of Police Association supported the proposed texting law during legislative debate.

Maine prohibits drivers under the age of 18 from using cell phones while driving, but there are no restrictions on adults.

Texting & driving czar Ray LaHood did a drive-by press release: “Distracted driving kills thousands of people every year on our roads and injures hundreds of thousands more,” the DOT leader said. “By signing this tough texting ban into law today, Gov. LePage has taken a crucial step to improve safety and save lives on Maine roads.

USA Today added this comment while reporting on Maine’s new law: “It kind of makes you wonder about the 17 states that still don’t have them.”

California crackdown stings 53,000

California’s monthlong crackdown on distracted drivers — called the nation’s largest campaign against distracted driving — wrapped with more than 53,000 citations written.

The sweep coincided with the first Distracted Driving Awareness Month (April). It involved 103 California Highway Patrol offices and more than 280 local and regional law enforcement agencies.

At the same time, the Office of Traffic Safety reported a 7 percent decline in fatal crashes, although there is no clear link to the distracted driving campaign.

California has had rolling sweeps for several years, almost all of them yielding a large number of tickets and warnings. The statewide distracted driving crackdown was billed as “zero tolerance.” The preliminary report of 52,664 citations in April represents data from about 80 of law agencies.

“This campaign was not about seeing how many citations could be issued,” CHP Commissioner Joe Farrow said. “Law enforcement’s motivation was to change driver behavior and reduce the number of collisions associated with distracted driving.”

Non-scientific surveys and observational studies have estimated that as many as 30 percent of California motorists continue to text and talk on cell phones.

The sticker price on California distracted driving tickets is $20. For subsequent convictions, it’s $50. “With court costs and penalties, the true costs of those tickets are $76 and $190, respectively,” the Los Angeles Times reports.

A plan to more than double these fines is advancing in the state Senate. Its author created the state’s cell phone and text messaging laws for drivers.

The state carries on with the “It’s Not Worth It!” PSA campaign against talking & texting while driving.

Meanwhile, Fairfax County, Va., just reported numbers on its nine-month distracted driving crackdown. The Virginia sweep, which ran concurrent with the school year, yielded about 6,900 tickets, up 50 percent from 2009-2010.

Indiana bans texting, driving

Indiana has become the 32nd state to ban text messaging while driving. The law becomes effective July 1, 2011, with fines up to $500.

Gov. Mitch Daniels signed the texting act into law on May 11.

Specifically, the Indiana distracted driving law prohibits drivers from typing a text message, transmitting the message or reading an electronic mail message. Texting via hands-free or voice-operated technology is allowed.

The law calls for primary enforcement, meaning police can stop and cite violators for that reason alone.

The Indiana texting law has an unusual exemption: communications systems installed in a commercial vehicle weighing more than 10,000 pounds. The law also prohibits police from confiscating telecommunications devices.

Rep. Eric Koch, R-Bedford, pictured, was the legislation’s sponsor.

U.S. Transportation secretary Ray LaHood weighed in after the May 11 signing: “Distraction is still a factor in too many serious crashes. But, the bill signed today by Gov. Daniels will help make Indiana roads safer.”

Drivers under 18 also are prohibited from using cell phones while behind the wheel. The new law essentially expands the ban on teen texting to all drivers.

The Indiana Senate pushed for the original bill (HB 1129) to include a ban on handheld cell phones, but that element was removed in subsequent conference committee negotiations.

That didn’t come as a surprise to State Senator Tom Wyss, R-Fort Wayne, who had predicted the Senate’s addition of a handheld cell phone to HB 1129 would “cause a lot of people to oppose it. The chances of it passing in this manner is pretty slim.”

HB 1129 was approved by the House in an 85-11 vote on Jan. 25 and sent to the Senate. It was amended by the Senate and then approved May 15. The legislation was then rewritten April 26 by a conference committee to remove the Senate’s addition of cell phone ban.

The bill then easily won approval in the House (83-10 vote) but barely got through the Senate (26-24).

Allentown cell phone law tossed

A county judge in Pennsylvania has thrown out Allentown’s local law against using handheld cell phones while driving.

The cases of two drivers ticketed for cell phone use were brought to Judge James Anthony on appeal.

“The (state) legislature can certainly pass a statute specifically covering the use of cell phones while driving, and any other matters concerning distracted driving, but has yet to do so,” Anthony wrote in his opinion. “Until such time, (the city’s cell phone ban) is pre-empted by state law, and is therefore invalid.”

(Update of June 8: Allentown decided not to contest the judge’s ruling, saying: “The city elected not to appeal because it was determined that it would be too costly with no guarantee that we would prevail. It is our hope that the state legislature will take-up the issue and make it a part of the state motor vehicle code to end the debate once and for all.”)

Pennsylvania has no distracted driving laws, and it appears legislation for 2011 will fail to advance, once again.

Allentown’s law was enacted in March 2010, with fines of up to $300. Mayor Ed Pawlowski told the Morning Call newspaper that the city hasn’t decided whether to appeal.

The mayor called the Lehigh County judge’s ruling “unfortunate.”

“What it does is cause a lot of pain and suffering because it will encourage more people to talk on the phone while driving,” Pawlowski said.

If appealed unsuccessfully, the ruling could mean trouble for other cities in the state with distracted driving laws, including Philadelphia, Harrisburg and Erie.

A judge overturned a similar ban in Hilltown Township, Bucks County, in 2000, on the same grounds used by Anthony.

“Other municipalities should beware,” Pawlowski told the Philadelphia News. “This may happen to you. What happens here will reverberate to other municipalities.”

Philadelphia’s ban on handheld cell phones went into effect in 2009, under threat of sanctions from the state legislature. Mayor Mike Nutter went ahead anyway, with his office calling the state DOT policy against individual city driving laws “highly ambiguous.”

N.Y. cell phone penalty adds 2 points

Most New York cell phone offenders are in for a nasty surprise come Feb. 16: With that distracted driving ticket comes two points against the driver’s license.

The rule change brings handheld cell phone violations in line with penalties under the state’s 2009 text messaging law, which provides for 2 points against an offender’s license.

“It is only logical to assign two points to both of these forms of distracted driving,” the New York DMV said in its proposed rule-making filing.

“It will send a message that DMV considers cell phone violations a serious offense, in the same way DMV considers text messaging a serious offense.”

The DMV said it was “compelled” to make the change in light of the serious risks brought on by driving while using handheld cell phones. It presented a long list of statistics to back up its concerns, some outdated.

In 2002, the DMV exempted the cell phone law from the 2 point assessment for traffic infractions, saying violators probably picked up points as a result of their distracted driving.

Also, the DMV noted, the distracted drivers become part of the “persistent violator equation,” meaning an accumulation of 11 points in a year and a half could bring a license suspension or revocation.

Read more about New York’s distracted driving laws.

3 more states enforcing DD laws

New year, new distracted driving laws.

Three states — Delaware, Kentucky and Kansas — saw their distracted driving laws take full effect as 2011 arrived.

In Delaware, the law against driving while text messaging or using a handheld cell phone went into effect Jan. 2. Penalties begin immediately: $50 (first offense), then $100 to $200 for subsequent violations.

Delaware’s distracted driving bans call for primary enforcement, meaning police can stop and cite motorists for violations without needing another reason. Also prohibited for drivers are Internet activities, game playing and use of PDAs and paging devices. Drivers are allowed to use their hands to enter numbers for a phone call or to engage hands-free accessories.

Authorities say there is no warning period in Delaware because the legislation was signed into law six months ago, followed by a statewide awareness campaign whose slogan is “You talk, you text, you pay.”

“This was put out almost 180 days ago, and so the public has been made aware of it,” a State Police spokesman told the Dover Post. “It’s a serious law that the Delaware State Police stands behind.”

Delaware state Rep. Darryl M. Scott’s legislation originally called for a complete ban on cell phone use while driving.

Kentucky drivers did have a waiting period — and it’s over. “Courtesy” warnings for violations of Kentucky’s new distracted driving law became a thing of the past come Jan. 1. The ban on texting by all drivers actually took effect July 15. Kentucky law also bans use of all personal communications devices by drivers under 18.

Fines for text messaging while driving in Kentucky are $25 (first offense) and then $50 for subsequent infractions, plus court costs.

Kansas also saw its grace period end for those who text behind the wheel. The Kansas ban on text messaging while driving was signed into law last summer by outgoing Gov. Mark Parkinson and the ticketing began Jan. 1. Citations cost $60 for every violation.

Drivers are barred from using a “wireless device to write, send or read a written communication.” Cell phone use remains OK for making and receiving calls, unless the driver is using a restricted license.

During the full Senate debate on the Kansas anti-texting bill, 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.”

Wisconsin’s ban on texting while driving went into effect Dec. 1.

Other states that saw distracted driving laws adopted or first enforced in 2011 include Maryland, Connecticut, Iowa, Vermont, Georgia, Michigan, Wyoming and Massachusetts.

(updated 1.2.11 to reflect laws in effect)

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