Distracted driving year in review

The debate over distracted driving burned hotter than ever as 2011 ended, thanks to a controversial call for a total ban of cell phone use while behind the wheel.

The year saw significant progress in the legislative war on against distracted driving.

While some state laws prohibiting use of handheld cell phones took effect, most of the success came with bans of text messaging while driving.

Here’s a recap of the big distracted driving stories of 2011:

New year, new laws (Jan. 1-2): Three states — Delaware, Kentucky and Kansas — see their new distracted driving laws take full effect as 2011 arrives.

Remembering Heather (Jan. 5): A stretch of Florida’s U.S. 27 is named in the memory of texting & driving driving victim Heather Hurd. State lawmakers then spend the rest of the year ignoring “Heather’s Law” and related distracted driving legislation. The Department of Transportation features Hurd and other victims in a its new Faces of Distracted Driving series.

Multimedia cars on parade (Jan. 8): The big Consumer Electronics Show confirms that automakers are quickening the pace toward making vehicles hubs of electronic information and entertainment. Toyota and Hyundai unveiled new wireless communications and data systems. Ford rolled out an electric car, with “wireless-connected vehicle services.” GM’s OnStar plugged its app that reads text messages and checks for Facebook updates.

N.Y. makes 2 points (Feb. 11): New York’s DMV assesses 2 points against the driver’s license of handheld cell phone violators. The points already were being charged against text messaging drivers. The governor thinks that’s still not enough of a deterrent and takes action in the summer.

April’s the month: Distracted Driving Awareness Month debuts with the support of safety advocates, law enforcement agencies and the U.S. DOT. Former U.S. Rep. Betsy Markey helped make the designation official last year.

Distracted summit sequel (April 21): “I can’t think of another safety issue in American history that’s gained so much traction in such a short period of time,” Transportation Secretary Ray LaHood tells the Illinois Distracted Driving Summit. LaHood, left, cites “tremendous grassroots groundswell against distracted driving.”

No. 31, North Dakota (April 26): Gov. Jack Dalrymple approves legislation that bans all texting while driving. He also OKs a ban on electronic communications device use by teen drivers. North Dakota became the 31st state to ban text messaging while behind the wheel.

No. 32, Indiana (May 11): Gov. Mitch Daniels enacts a law banning text messaging while driving, with fines up to $500. The new law essentially expands the state statute against teen texting to all drivers, with primary enforcement. Indiana became the 32nd state to outlaw texting & driving.

Ticket swarm in Golden State (April): In California, what is called the nation’s largest campaign against distracted driving results in more than 53,000 citations during April. The “zero tolerance” sweep involves 103 CHP offices, and more than 280 local and regional law enforcement agencies.

No. 33, Maine (June 3): Gov. Paul LePage OKs safety legislation that specifically bans texting while driving as a primary offense. A general distracted driving law went into effect in 2009, but its author Sen. Bill Diamond returned with the new texting measure that “deals better with the cause of the problem.” Maine became the 33rd state to ban texting while driving.

“Intrusion” in Texas (June 17): Gov. Rick Perry vetoes safety legislation that would have banned texting while driving in Texas. He calls House Bill 242 an “intrusion” and a “government effort to micromanage the behavior of adults.” A month later, the Republican announces he’s running for president.

No. 34, Nevada: Gov. Brian Sandoval signs off on legislation banning handheld cell phone use and text messaging for all drivers. Fines are $50 then $100 and then $250. Maine became the 34th state to ban texting & driving.

N.Y. gets tougher (July 12): Gov. Andrew Cuomo signs into law a plan to make texting while driving a primary offense. He immediately follows up the action by ordering the DMV to assess a third point against the drivers licenses of texting and handheld cell phone violators. Use of handheld cell phones already carried primary status in New York.

Smith exits (July 13): Jennifer Smith, the high-profile president of FocusDriven, steps down from her post at the the distracted driving victims advocacy group. She’s no longer listed as a board member.

Brown-out (Sept. 6): California Gov. Jerry Brown vetoes a plan to double fines for distracted driving violations, saying he was not interested in overburdening “people of ordinary means.” Senate Bill 28 also would have applied the ban on hands-free electronic device use to bicyclists. State Sen. Joe Simitian says the veto of his bill results in “a lost opportunity to save more lives.”

No. 35, Pennsylvania (Nov. 9): Gov. Tom Corbett signs off on legislation that bans texting while behind the wheel. The original Senate bill called for a ban on handheld cell phone use as well, but the provision was removed by House Republican leaders. Pennsylvania became the 35th state to outlaw texting while behind the wheel. The law takes effect in March 2012. Enforcement is primary, with $50 fines.

Two-handed truckers (Nov. 23): Interstate truck drivers who use handheld cell phones face fines of up to $2,750 under a final rule issued by the DOT. After two violations of the rule, drivers would lose their licenses at the state level. The handheld device ban also applies to bus drivers. The ban affects about 4 million commercial drivers.

“Distraction-affected crashes” (Dec. 8): The NHTSA changes its way of tracking distracted driving accidents, resulting in a significantly lower number of deaths reported for 2010. The National Highway Traffic Safety Administration dubs the revamped category “distraction-affected crashes,” with the focus on cell phone use and text messaging. The result: 3,092 people died in distracted driving incidents, down significantly from 2009′s 5,474 fatalities. The DOT says the lower number doesn’t indicate progress: “All of our evidence suggests that the problem may actually be getting worse.”

NTSB seeks total ban (Dec. 13-21): Saying, “It is time for all of us to stand up for safety by turning off electronic devices when driving,” the National Transportation Safety Board calls for a nationwide ban on drivers’ use of portable handheld electronic devices. A week later, DOT chief Ray LaHood publicly distances himself from the NTSB plan, saying, “The problem is not hands-free (use of electronic devices).” The year ends with massive media coverage of the issue.

Read the full stories in Hands Free Info’s Distracted Driving News section.

Copyright 2011 Glenn Abel.

Pennsylvania bans texting & driving

Pennsylvania drivers will no longer be able to text message as of early March. Gov. Tom Corbett signed off on legislation Nov. 9 that bans texting while behind the wheel.

Fines will be $50. Enforcement is primary, which allows police to pull over drivers for that infraction alone.

“No text message is worth a human life,” Corbett said during the bill-signing event. “The message of this legislation is drive now and text later.”

(This content first posted on Nov. 1 and updated on Nov. 9.)

Pennsylvania has become the 35th state to outlaw texting while behind the wheel. The state’s long-running drama over distracted driving legislation will continue, however.

A provision in Senate Bill 314 that would have banned use of handheld cell phones while driving was removed by the House’s Republican leadership and the Senate went along, in order to get some kind of distracted driving law on the books.

The Senate voted Nov. 1 to approve the bill, a day after the House voted in favor of the measure.

The Senate already approved the bill earlier in the year, when it included a ban on use of handheld cell phones while driving. The House removed the mobile phone provision in mid-October and the Senate signed off on that change Nov. 1.

SB 314 sponsor Sen. Tommy Tomlinson, R-Bucks (pictured), said after the vote against texting & driving: “It’s one of the most important things we can do to prevent needless tragedies. Texting is one of the most dangerous distracted driving activities that motorists engage in. … The consequences can be deadly.”

House majority leader Mike Turzai, R-Allegheny, indicated that legislation that would ban the cell phones remained under consideration. That’s good news for police, who under the new law will have to determine if a driver is texting or simply punching in a phone number.

Numerous distracted driving measures were submitted for the 2011 legislative session, as in past years.

• Read the Pennsylvania texting law’s specifics
• Read the Pennsylvania distracted driving news page

3 new distracted driving laws

Motorists in Nevada, Maine and Maryland are now subject to new distracted driving regulations.

Nevada’s ban on text messaging and using handheld cell phones will driving officially went into effect Saturday, Oct. 1. Violators won’t be punished for the next three months, though, as law officers are only issuing warnings until Jan. 1. Then it’s on to fines that start at $50 and go to $250.

In Maryland, legislators have completed their clean-up of the existing texting while driving law. As of Oct. 1, “reading” of text messages is illegal while driving in Maine. Previously, only the writing and sending of text messages (and email) were illegal. Also, the earlier state law allowed for texting at red lights, but that loophole too has been closed. Fines run between $40 and $100.

And Maine’s new law against texting while driving went into effect Sept. 28. At least, the reading and writing of text messages (and email). The sending of messages, curiously, remains legal. Tickets are now being written and fines start at a minimum $100.

Nevada became the 34th state to ban texting while driving.

Read more:

• Nevada’s new distracted driving laws
• Maryland’s changes to its texting ban
• Maine’s text messaging laws

Texting plan vetoed in Texas

Texas Gov. Rick Perry killed legislation Friday that would have banned texting while driving in Texas.

Perry cited “the overreach of House Bill 242″ and called it a “government effort to micromanage the behavior of adults.”

Texas already bans texting by teens. The bill would have extended that ban to all drivers. The veto means distracted driving legislation succeeded in 2011, although there were at least a dozen bills seeking to toughen the existing laws. There are numerous local laws against text messaging while in city limits.

The Republican governor suggested that backers of distracted driving legislation divert their efforts toward education.

“The keys to dissuading drivers of all ages from texting while driving are information and education,” Perry said in his veto statement. “I recommend additional education on this issue in driving safety and driver’s education courses, public service ads.”

The planned “intrusion into Texans’ lives,” as the governor put it, started life as a bill regarding the right to carry sidearms by retired law officers. The author was Rep. Tom Craddick, whose rejected distracted driving legislation HB 243 sought to ban text messaging while driving. The amendment to the firearms bill was sponsored by state Sen. Judith Zaffirini. It essentially revived her texting bill SB 46.

The Senate (28-3) and House (80-61) approved the amended HB 242 with relative ease, in votes taken May 29.

The amended bill would have prohibited a driver from reading, writing or sending a text-based communication while operating a motor vehicle, unless the vehicle is stopped. Opponents said drivers would be penalized for simply receiving a text message while behind the wheel.

“Texting while driving is reckless and irresponsible,” Perry said late Friday. “I support measures that make our roads safer for everyone, but House Bill 242 is a government effort to micromanage the behavior of adults.

“Current law already prohibits drivers under the age of 18 from texting or using a cell phone while driving. I believe there is a distinction between the overreach of House Bill 242 and the government’s legitimate role in establishing laws for teenage drivers who are more easily distracted and laws providing further protection to children in school zones.”

The governor wasn’t singling out distracted driving legislation for a veto. He killed another 22 bills Friday, with a personal best (or worst) of 83 bills vetoed in 2000, a record for Texas.

Perry’s name has been tossed around as a possible GOP candidate for president. Perry said he wouldn’t address the issue until the legislature adjourned, and is “certainly giving it the appropriate thought process.”

“Our country is in trouble,” he said.

Read the Texas distracted driving news page.

North Dakota bans texting, driving

North Dakota, one of the few remaining states without any distracted driving law, has just become the 31st state to ban text messaging while driving.

State Rep. Larry Klemin’s House Bill 1195 prohibits all drivers from using a wireless communications device to read, write and send an electronic message (includes email).

The bill was signed April 26 by Gov. Jack Dalrymple. The North Dakota texting and driving law takes effect Aug. 1, with fines of $100. Enforcement is primary.

Dalrymple said at the signing ceremony: “Texting while driving is clearly a dangerous distraction that can result in serious injury or death, and I’m glad to see we are joining a growing number of states that are taking this action to make our roads a safer place.”

In 2009, Klemin (pictured) saw his bill that would have banned text messaging soundly defeated in the House.

The governor also approved the sweeping teen traffic safety bill House Bill 1256. Among its provisions is a ban on electronic communications device use by drivers under the age of 18. That means no texting or talking for teen drivers — no hands-free devices.

North Dakota currently has no statute that punishes distracted driving.

Sponsors of both successful bills pointed to North Dakota’s getting in step with the nationwide movement toward meaningful distracted driving and teen safety laws.

“Today, North Dakota joins 30 other states and the District of Columbia in enacting a law to prohibit texting while driving by all drivers,” said Klemin, R-Bismarck, of his HB 1195.

“House Bill 1256 moves North Dakota closer to the rest of the country in helping young drivers receive more opportunities to gain driving experience, promote driving safely, reduce teen accidents and most importantly, save young people’s lives,” said sponsor Rep. George Keiser, also R-Bismarck.

The governor added that “our youngest and most inexperienced drivers will benefit from a process that will better prepare them for the road and help keep them and others safe.”

Distracted driving fighter Ray LaHood, secretary of Transportation, press-released: “North Dakota has taken an important step to eliminate distracted driving. Thanks to the bill signed today by Governor Dalrymple, North Dakota roads will be safer for everyone.”

The text messaging ban was initially rejected by the House Transportation Committee. The panel then deadlocked twice on the bill, but a supporter changed his vote to “no” so the measure could finally move out of committee and on to the House floor, where it was approved.

The bill was watered down in the Senate, however. The following penalties for texting behind the wheel were removed by Senate on March 28, just before voting its approval: “Two points against license (first offense), then four points. For third and subsequent violations, one-year suspension of driver’s license.”

The House gave its final approval April 5.

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)

Wisconsin texting law hits the streets

Wisconsin’s long-awaited ban against driving and text messaging is now in effect.

Legislators, however, left a couple of loopholes for those motorists who can’t hardly wait for their messages:

While Wisconsin’s text messaging law makes writing and transmitting of messages illegal, it’s still OK to read an incoming text or surf the Net. The law only applies when the vehicle is moving, as well.

The bill that became Wisconsin’s anti-texting law was AB 496, pushed through by Rep. Peter Barca, D-Kenosha (pictured).

Fines for first-time violators range from $20 to $400, with 4 points against the drivers license. Most tickets will cost violators $188, the Wisconsin State Patrol said. Texting is considered a primary offense, allowing officers to pull over and cite violators for that reason alone.

“We are trying to make people aware that we can’t bring our office and our living rooms into our cars,” said David Collins, head of the State Patrol. “We have to be very, very careful what we integrate into a vehicle moving.”

“No text message is worth a human life,” he said at a launch press conference Dec. 1 in Madison. Most drivers will receive warnings for the first month and a state awareness campaign begins Dec. 20, the Patrol chief said.

Wisconsin was the 25th state to ban text messaging in May, when the legislation was approved and signed into law by Gov. Jim Doyle. Thirty states now outlaw the practice in some form.

Critics of the texting legislation pointed to the existing inattentive driving law. Police say they’ll fall back on that law if other activities on handheld electronic devices lead to unsafe behaviors.

State officials say 18 percent of Wisconsin’s vehicle crashes in 2009 were caused by distracted drivers.

Massachusetts texting ban goes live

Massachusetts’ ban on text messaging is now in full effect. Police are writing tickets, but the lucky might get a warning — for a while.

The new law prohibits all drivers from texting while behind the wheel and bans use of all cell phones by drivers who are 16 and 17 years old. The young drivers are barred from using a variety of devices (TVs, video, PCs) under the heading “mobile electronic devices.”

The fines for adults are $100 (first offense), then $250 and $500.

Fines for drivers under 18 are $100 plus 60-day license suspension and youth traffic school (first offense), then $250 with six-month suspension and then $500 with a one-year suspension.

These distracted driving offenses are not considered moving violations and do not affect insurance premiums. Enforcement is “primary,” meaning police can stop and cite texting motorists for that reason alone.

More warnings were handed out than $100 fines on day 1, local reports said.

Meanwhile, Maryland’s law prohibiting handheld cell phone use while driving hit the streets as of Oct. 1. It calls for “secondary enforcement” and fines between $40 and $100.

And Connecticut’s tougher penalties for distracted driving officially went into effect Oct. 1. Fines are now $100/$150/$200 instead of the previous $100. No more forgiveness for first-time offenders.

In Massachusetts, as the new law took effect, the Boston Globe editorialized:

“There’s no defense for the practice; if a text message is so urgent that it must be read (or written) immediately, it’s also urgent enough to merit pulling over. … For now, the new law will at least raise awareness of the dangers of texting while driving. And in time, social pressure will help more and more drivers recognize the practice as the narcissism-induced safety hazard that it is.”

Gov. Patrick signed the Massachusetts distracted driving bill into law on July 2: “Texting is one of the riskiest distractions that endangers public safety and today we are joining other states by saying it will no longer be tolerated,” he said at the ceremony. The signing’s audience included people who lost family members to distracted drivers.

The new law is the result of a compromise between the Massachusetts House and Senate. There were significant differences in their distracted driving plans. The compromise, apparently, was the House dropping its ban on handheld cell phone use for adult drivers and the Senate agreeing to (separate) watered-down restrictions on elderly drivers.

State Sen. Mark Montigny, D-New Bedford, wasn’t pleased with that deal: “I first introduced a (distracted driving) bill six years ago, and since that time, the only thing that has changed is more people have died or been seriously injured,” he told South Coast Today as the law took effect Sept. 30. “To celebrate (the new law), as many have, is unfortunate, as this is years overdue.”

Chapter 90, Section 13B of the Massachusetts General Laws reads as follows:

(a) No operator of a motor vehicle shall use a mobile telephone, or any handheld device capable of accessing the internet, to manually compose, send or read an electronic message while operating a motor vehicle. For the purposes of this section, an operator shall not be considered to be operating a motor vehicle if the vehicle is stationary and not located in a part of the public way intended for travel.

(b) A violation of this section shall be punishable by a fine of $100 for a first offense, by a fine of $250 for a second offense and by a fine of $500 for a third or subsequent offense.

(c) A penalty under this section shall not be a surchargeable offense under section 113B of chapter 175.

Distracted parents driving teens to texting

Teenagers tend to follow their parents’ lead when it comes to driving … and texting?

NPR’s “Morning Edition” just did a segment on teens, texting and distracted driving, citing anecdotal evidence that youth who see their parents engaged in dangerous behaviors while behind the wheel see that as a green light to do the same.

One teen told NPR: “If a parent is always on their cell phone, the teen’s like, oh, it’s fine. My parents do it all the time. And if their parents haven’t crashed, then it’s kind of like, okay. It’s not going to happen.”

Amanda Lenhart of the Pew Research Center’s Internet and American Life Project surveyed 800 teens and their parents about text messagng behind the wheel.

“(Teens) would tell stories about their parents’ texting with the phone while trying to drive with their knees,” Lenhart said on the radio feature. “They would talk about other ways in which parents were distracted behind the wheel, including using GPS or trying to use a walkie-talkie function on a phone, or make calls.”

And some of those kids say they’re downright scared of riding with their distracted parents, the NPR feature said.

Lenhart’s study “Teens and Mobile Phones” (April 20) found that daily text messaging among U.S. teens soared in a recent 18-month period, from 38% to 54%. Older teenage girls were the busiest texters, the Pew study found, sending an average of 100 messages a day.

One in three teens admitted to texting while driving, while 52% of teens who have cell phones said they had talked while behind the wheel.

Lynn Neary’s radio report was part of the “Today in Your Health” series.

Listen to the NPR report on teens, parents and texting.
Read the “Working to Stop Teens Texting Behind the Wheel” transcript.

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.”

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