Ohio OKs weakened texting law

Ohio’s long-running debate over distracted driving reached a major turning point as legislation banning texting and driving advanced to a receptive governor.

The measure, however, did not succeed without controversy. The Senate heavily amended the original House proposal, limiting most enforcement to secondary status. The House went along, and House Bill 99 was sent to Gov. John Kasich, who indicated he would sign it.

The law goes into effect 90 days after Kasich’s approval. A warning period will begin at that time, with ticketing on hold for six months. The fine is $150.

Ohio most likely will take its place as the 39th state to ban texting while driving.

The Senate’s other major change to the legislation was a full ban on use of handheld electronic communications devices by drivers under the age of 18. Enforcement for teens does carry primary enforcement, with fines up to $300 and possible loss of license.

The secondary enforcement provision for adults means that police need another reason to stop and cite violators, such as weaving or speeding. Police will have to make an on-site determination if a driver appears to be under the age of 18 before making a stop.

State Reps. Rex Damschroder, R-Sandusky County, and Nancy Garland, D-New Albany, spearheaded the legislation.

Ohio’s General Assembly almost certainly has not concluded its debates over distracted driving. Similar laws passed in other states typically inspire bills calling for primary enforcement. And the new measure does not address cell phone use by adults, unless they are using the device to text.

The new law allows for stricter local laws. Cleveland, Toledo, Columbus, Delaware, Belpre, Berea and Zanesville are among the many Ohio cities that already banned texting & driving.

Cleveland is considering a ban on use of handheld cell phones by drivers.

The county that includes Cleveland (Cuyahoga) has been particularly hard hit by distracted driving accidents.

No. 38: Alabama bans texting & driving

Starting Aug. 1, text messaging while driving will be illegal in the state of Alabama.

Gov. Robert Bentley signed off on the distracted driving legislation May 8. The law was a long time coming.

The bill’s author is state Rep. Jim McClendon, left, one of the nation’s most persistent lawmakers when it comes to distracted driving.

McClendon, R-Springville, saw his distracted driving legislation rejected or ignored at least six times. In 2011 and 2012, McClendon’s texting and driving bills cleared the House only to die in the Senate.

This year, the Senate played ball. A compromise deal was stuck April 26, with House Bill 2 winning unanimous approval in both houses of the Legislature.

For a state that was hesitant to pass a texting law, it gave its new law some teeth. The Alabama texting ban will receive primary enforcement. Fines are relatively low — $25 (first offense) then $50 and $75 — but convictions bring two points against the driver’s license.

Alabama becomes the 38th state to ban texting while driving. Drivers age 18 and above are allowed to use cell phones in the state, but teenagers are not.

McClendon said he understood the delay in getting a texting law: Alabama is a state big on its personal liberties, he said, not New York or California — and needed some time to come around.

State Rep. Alvin Holmes, D-Montgomery, was one of the lawmakers who opposed text messaging legislation in the past but voted for McClendon’s plan this year. “I saw a young lady come that close to death with an 18-wheeler because of texting,” he said after the key House vote.

It wasn’t certain that Gov. Bentley was going to sign the distracted driving bill when it emerged from the Legislature. He clearly was on board at the signing:

“It doesn’t take a lot of common sense to know that you can’t text and drive at the same time,” Bentley said. “I believe this will save lives.”

DOT chief Roy La Hood chimed in: “With Governor Bentley’s signature, now more than three-quarters of all states outlaw one of the riskiest behaviors behind the wheel — texting and driving.

“Alabama roads and motorists will be safer as a result of this law,” La Hood said.

Idaho outlaws texting while driving

Text messaging while behind the wheel will no longer be permitted in Idaho as of July 1.

Gov. Butch Otter signed the Legislature’s distracted driving measure April 5. The distracted driving law will receive primary enforcement — police can stop and cite offenders for that reason alone — but offenses are not moving violations. Also, there are no points assessed against the driver’s license.

The fine for texting & driving in Idaho will be $85.

Idaho became the 37th state to outlaw text messaging while driving, following West Virginia by only two days.

West Virginia also banned use of handheld cell phones while driving, but in Idaho a similar plan (from the Senate) was ignored during the legislative session, which officially ended March 29.

A few legislators pointed out that the new law did not adequately cover current technologies.

The successful Senate Bill 1274 focused on texting alone — reading, writing, transmitting — without mention of the many potentially distracted computer functions offered by smartphones such as the iPhone.

House sponsor Rep. Judy Ellsworth, R-Boise, replied during debate: “I do know that teenagers know what texting is, and I believe that this bill will send that message to them.”

Idaho’s Legislature had rejected all distracted driving legislation until now — with infringements on personal liberties often cited — but lawmakers acknowledged that public sentiment has changed.

The death of an 18-year-old Caldwell woman early in the year weighed on the debate. She was texting extensively before rear-ending a semi-trailer truck, and also receiving Facebook communications, police reported. Taylor Sauer’s parents became distracted driving activists.

A AAA Idaho survey of state voters found 87 percent in support of a statewide ban on texting while driving.

Also in 2012, state Sen. Les Bock proposed a prohibition on use of handheld cell phones by all drivers, but that bill failed to advance.

Read the Idaho distracted driving news page.

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.

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