Illinois: Cell phone & texting laws, legislation
Last updated: February 3, 2012 · Print this report · Comment
Cell phone, texting news: Senate President John Cullerton says “it might be inevitable” that Illinois will ban the use of cell phones by drivers.
“There’s not a big difference between whether you’re holding a phone or whether you’re not holding a phone,” Cullerton, D-Chicago, told the State Journal Register on Jan. 3, 2012. “It’s not what’s in your hand, it’s what’s in your head.”
Cullerton, who has sponsored several bills on highway safety, says he’ll leave the introduction of distracted driving legislation to other legislators, however. State Reps. Karen May and John D’Amico filed identical handheld cell phone measures before the session began (below). Sen. John Millner also is expected to be in the mix.
Illinois State Police say they’ve issued 19,540 citations and written warnings since the state’s first distracted driving law took effect on Jan. 1, 2010.
Current prohibitions:
- Drivers under the age of 19 are prohibited from using wireless phones while driving — with or without hands-free devices.
- All drivers prohibited from text messaging and related activities such as emailing and Internet use.
- Motorists prohibited from use of cellular phones in school speed zones and construction/road maintenance zones.
- In Chicago, all drivers talking on mobile phones must use hands-free devices. Text messaging prohibited while driving. Fines: $100-$500.
Read the Illinois text messaging law.
2012 cell phone/text messaging legislation:
HB 3970: Would outlaw use of handheld electronic communications devices while driving. Includes use of cell phones. Hands-free operation OK. (May)
House Bill 3972: Seeks to prohibit use of handheld electronic devices by drivers. Includes use of cell phones. Hands free OK. Identical to HB 3970, above. (D’Amico)
Distracted driving notes (2012):
State Rep. Karen May says her hands-free bill (HB 3970) is not “slam dunk legislation, but I think it has a chance to pass. “I view this as just moving the ball down the court,” she told the St. Louis Post-Dispatch.
Rep. John D’Amico, D-Chicago, said of his plan for a handheld cell phone ban: “What we want to do is put some teeth into it and make it a ticketable offense.”
About 4,100 traffic stops were made in 2011 for violations of Illinois’ prohibitions on texting while driving and using cell phones while driving through school zones and construction zones. Texting drivers received 839 tickets, while violators in the restricted zones piled up 1,880, state police said. The number of stops is almost half of those made in 2010.
The Secretary of State’s Advisory Committee on Traffic Safety was expected to meet in January in an effort to find ways to cut down on deaths and injuries from distracted driving and other causes. The panel was created by a legislative joint resolution in November.
Lake Forest is studying two plans targeting cell phone users and other distracted drivers. The City Council debated the proposed ordinances Jan. 3, 2012, but took no immediate action. The police chief favors a straight ban on handheld cell phones, while the other proposal takes aim at a variety of distracted behaviors such as eating and grooming. Northern neighbor Lake Bluff has begun talks about similar laws with the backing of its police.
As the year began, Illinois State Police warned commercial truckers that they’ll be subject to citations under the new federal ban on handheld mobile devices. The state also adjusted its speed limit for trucks with the New Year.
An Evanston alderwoman says she’ll push for a total ban on cell phone use by drivers in the Chicago-area municipality. Jane Grover of the 7th District was behind the 2010 ordinance that banned handheld cell phone use by local drivers. “I’m just hoping that we have a really robust discussion about cognitive impairment and the dangers of driving while operating a cell phone — even if we aren’t successful in banning hands-free phone use,” she told the Daily Northwestern. A recent study of suburban ticketing found Illinois’ existing distracted driving laws were barely being enforced.
2011-12 cell phone/text messaging legislation (still pending):
House Bill 3849: Would apply laws regarding use of electronic communication devices while driving to bicyclists. Hands free OK. Bicyclists may use devices on shoulder of road. (Cassidy)
HJR 8: Calls on state, county and municipal law enforcement officers to log instances of cell phone involvement in vehicle crashes. Would create statewide study of that data starting in January 2012 (or 2013 per amendment). Latest legislative action: Resolution adopted by the House on May 31. (Bradley)
HB 865: Creates the Cellular Phone Use and Automobile Accidents Reporting Act, which would require state, county and local law enforcement officers to report on any cell phone involvement in a vehicle crash. Two-year study of the results would begin January 2013. Latest legislative action: Approved by the House on April 12, 2011. Sent to the Senate on May 11. No activity since. (D’Amico)
SB 2135: Would mandate teaching of distracted driving dangers — such as cell phone use and text messaging — by all commercial driver training schoolteachers. Stalled in Senate (Assignments) since July 23. (Garrett)
HB 2185: Earmarks $1.5 million for the Department of Transportation for distracted driving education. No activity since Feb. 22. (Madigan)
HJR 35: Created Secretary of State’s Advisory Committee on Traffic Safety. Resolution adopted by both houses on Nov. 9. (D’Amico)
2011 distracted driving notes:
Deerfield’s law against use of handheld cell phones while driving took effect Nov. 1. Highland Park’s ban on handheld cell phone use while driving went into effect June 1, 2011. Lake Forest is considering a similar law.
Bicyclists in Chicago are prohibited from using handheld cell phones and texting as of November. Alderman Marge Laurino’s plan sailed through the City Council on Oct. 5.
Laurino, who describes herself as “proponent of cycling,” said the idea was to “level the field” with motorists, who are banned from texting and talking in city limits.
Fines are $20 to $50 (first offense) up to $100 (third violation). They can hit $500 if an accident results. Bicyclists will be allowed to make cell phone calls if a hands-free device is used.
Chicago police issued almost 23,300 tickets in 2010 for use of handheld cell phones in city limits. That record number of citations is up 73 percent since 2006, the first full year of the ban, the Chicago Tribune reported in November.
Deerfield’s village board has approved an ordinance that would ban use of handheld cell phones. The law went into effect Nov. 1, with police issuing warnings for a couple of weeks. Fines: $120-$500. The Deerfield board voted unanimously to ban hand-held cell phones on Oct. 19.
Illinois Secretary of State Jesse White is reconvening his advisory committee on distracted driving. The focus will be on education and public safety campaigns. “No driver has any business text messaging while they are driving,” White said in early June.
Miss Illinois Hannah Smith is using her time in the spotlight to campaign against distracted driving. She’s making her away around the state talking with high school students about the too-often tragic results of texting and driving. Miss South Dakota, who lost her brother in a wreck linked to distracted driving, also lobbied for an end to texting & talking while driving.
A House resolution approved May 31 calls upon Illinois law enforcement to track cell phone involvement in vehicle crashes. The results would be part of a two-year study to determine the dangers of cell phone use while behind the wheel.
Distracted driving due to texting or cell phone calls caused or contributed to more than 1,000 vehicle crashes in Illinois during 2010, preliminary figures show.
A Chicago alderman has floated a proposal that would require all cell phones sold in the city to come equipped with software that would prevent their use while driving. “Parents don’t have the knowledge, they don’t have the ability” to install apps that shut down cell phones when a vehicle is in motion, Alderman Edward Burke said May 4.
FocusDriven, the Department of Transportation and the National Safety Council hosted the Illinois Distracted Driving Summit on April 21. DOT chief Ray LaHood opened the conference by citing a “tremendous grassroots groundswell against distracted driving.” FocusDriven co-founder Jennifer Smith said, “I challenge families and friends of distracted driving victims nationwide to hold their own state summits and demand action in their communities.” Smith is an Illinois resident. The summit was in the village of Addison, west of Chicago.
The state started 2011 with a new “Drive Now. Text Later” campaign. Organizers pointed to a survey suggesting that as many as 40 percent of motorists on the Illinois Tollway don’t know it is illegal to text while driving on state roads and highways. State Trooper Starlena Wilson is one of the campaign’s founders; she suffered a broken hip and fractured leg in a distracted driving accident in 2010.
Highland Park’s City Council voted Jan. 10 and then again on Jan. 24 to prohibit handheld cell phone use while driving, after flirting with an all-out ban on cell phones. The new law goes into effect June 1, with fines of up to $75.
Highland Park Mayor Michael Belsky and council members Scott Levenfeld and Steven Mandelout held out for a complete cell phone ban. “I strongly feel that the (state) Legislature is not doing their job here,” Belsky said. “They should be looking at these things statewide.”
Highland Park’s new law makes violations primary offenses, an upgrade from the secondary status assigned in the city’s existing negligent driving ordinance. An October 2010 survey of residents found that 80 percent wanted a hands-free law, while 47 percent were in favor of a total ban (support overlapped).
Illinois state police reported in late December that they’ve stopped 7,800 drivers for cell phone and texting violations in 2010. Texting and driving led to almost a thousand tickets. The construction and school zone laws resulting in 4,236 citations and 2,629 warnings for the year.
Illinois residents who lost loved ones in distracted driving-related accidents can post temporary highway memorials as of Jan. 1, 2011. The existing law allowed for memorials only when drunken drivers were to blame.
2010 distracted driving notes:
Plainfield, a suburb of Chicago, has enacted a law against distracted driving. Before getting a ticket, offenders must exhibit poor driving linked to activities such as use of a cell phone, texting, eating or putting on makeup. Fines $120, no points. A 30-day warning period began in mid-October 2010. The Plainfield police chief called the new law “mostly a public relations gimmick” to raise awareness of the dangers of distracted driving among teenagers.
Chicago’s City Council increased penalties for talking on a handheld cell phone while driving as of Feb. 21, 2010. The fine for driving and cell-phoning increased from $20 to $100. If an accident results, the fine jumps to $500.
2010 cell phone/text messaging legislation:
HB 4937: Would expand the Illinois ban on text messaging while driving to include talking on handheld cell phones. Operation with hands-free accessories OK. (Beaubien)
HB 5454: Seeks to amend the text messaging law to include a ban use of all non-standard electronic communications devices such as handheld cell phones, text messaging devices, PDAs. Hands-free allowed. (May)
SB 3199: Rewrites law related to school bus drivers to mandate they carry an active cell phone or have a working two-way radio while on the job, for purposes of communicating with school officials. Final legislative approval in late April. Became state law July 16, 2010. (Rose-Eddy) Similar: SB 3199 and HB 6073.
HJR 0097: Joint resolution that would direct state police to compile statistics on cell phone use and accidents, and asks police to note cell phone use while reporting accidents. (Bradley)
2010 cell phone/texting legislation notes:
Evanston’s City Council has approved a ban on the use of handheld cell phones and text messaging while driving. Fines $50-$200. The Feb. 8 council vote was unanimous. Alderman Jane Grover said Jan. 5, 2010, that the intent is “to make our ordinance more seamless with Chicago’s.” She added later: “I’ve been thinking about it for years. Every time I drive in Chicago I put the phone away,” she said.
Parents picking up kids are confused by the state’s new ban on use of handheld cell phones while driving in school zones, according to the Chicago Tribune. Schools have been notifying parents and police appear to be mostly issuing informal warnings. The city of Oregon announced a crackdown on Feb. 23.
The statewide ban on texting while driving has not yielded a citation in the counties of Morgan, Scott, Greene, Brown and Schuyler, the Journal Courier reported March 8. Prosecutors blamed the lack of a handheld cell phone ban because texting and entering a number on a cell phone look the same from outside a vehicle.
2009 legislation:
Illinois House Bill 71: Outlaws text messaging while driving. Texting permitted if the vehicle is stopped in traffic. Fines are $75. Approved by the Illinois House on April 1, 2009, and by the Senate on May 19. Sent to the governor after final House approval on May 28. Signed into law on Aug. 6 and took effect Jan. 1, 2010.
Illinois House Bill 72: Would ban drivers from using cell phones in school speed zones and construction/road maintenance zones. Approved by the Illinois House on April 1 and by the Senate on May 19 and again by the House on May 28. Signed into law on Aug. 6 and took effect Jan. 1, 2010.
HB 349: Provides for “the offense of distracted driving,” including text messaging, reading a newspaper or map, applying make-up, etc. Bill apparently has been withdrawn by sponsor after unfavorable hearing in the House on March 3.
SB 29: Would penalize drivers who text message behind the wheel.
SB 1299: Would create the offense of driving with a screen device operating. Applies to TVs, video monitors, portable computers that are in full view of the driver. (Silverstein)
2009 legislation notes:
Heard at the text messaging law signing: “It’s really bad that we have to legislate logic,” said Secretary of State Jesse White, a promoter of the measure. “Common sense would tell you that when your eyes are off the road, who’s driving?”
Park Ridge considered, and then dropped, plans for a city ban on the use of handheld cell phones while driving. Police told the City Council on Dec. 15, 2009, that it would be “bad public relations.”
The House legislation that would outlaw texting for Illinois motorists was approved 89-27 in the House and 45-6 in the Senate, which has a traffic safety-friendly president.
Rep. John D’Amico, D-Chicago, sponsor of HB 71 and 72, had predicted that distracted-driving legislation in Illinois would “get a lot of traction” this year.
“I think this is one small step toward eventually banning hand-held cell phones like they do in Chicago, I think that’s where we’re going,” D’Amico told the Chicago Tribune.
An unusual objection to Rep. Robert Pritchard’s distracted driving bill HB 349 was that police would use the law to pull over black drivers and harass them. Sen. Kwame Raoul, D-Chicago, raised the issue in committee and voted against the text-messaging bill when it came to the Senate floor, saying it was “an invitation for abuse.”
Fines for driving and using a handheld cell phone in Chicago were increased by the City Council panel on Feb. 11, 2009. The fine for talking without a hands-free device is $100, from $75. Drivers involved in crashes while holding cell phones will pay a fine of $500, up from $200. The new fines will “drastically reduce the use of cell phones,” Traffic Committee chief Patrick O’Connor said. The Chicago fines for cell phoning and driving take effect Feb. 21.
Rep. Robert Pritchard, R-Hinckley, of HB 349 told the State Journal-Register: “I think we need to do something to encourage people to be more attentive to the art of driving. It is not something that we can put on automatic pilot.”
SB 140, which prohibits young drivers and school bus drivers from using cell phones, went into effect Jan. 1, 2008.
Chicago’s ban on hand-held cell phone use by drivers took effect in the summer of 2005. The ban on text messaging while driving was added in October 2008. “Drivers need to keep their eye on the road, not the Internet,” said Alderman Edward Burke, author of the texting bill.
A legal challenge to Chicago’s ordinance was thrown out of court in July 2008. A lawyer sought to have all tickets voided and fines returned. The judge ruled city street safety justified the ordinance. Violations in Chicago bring $75 fines.
HB 4739, which would have required adult drivers in Illinios to use hands-free devices on cell phones, was tabled (killed) by sponsor Rep. William Black, R-Danfield, in March 2008.
In 2006, the House and Senate ordered a DOT study of cell phone distractions and their role in traffic accidents.
A hands-free bill also was tabled in the House in 2007.
I definitely believe that cell phone handset usage while driving is a serious issue. I was in the military, and was trained to communicate while performing various activities in my job. However, even I only use my cell phone with “hands-free” functionality. In my car, I have the Blue-Tooth feature and set it up to always connect to my phone while driving. If I’m in my wife’s car, I take my headset to ensure that I can talk while keeping both hands on the wheel. It is safer for me, my family, and any other drive on the road for me to do so. So, anyone that doesn’t have the mental training and discipline that I have, to communicate while performing other tasks which require significant concentration or focus, is truly dangerous if they are using their handset while they’re driving. They are putting themselves, their passengers, and every driver on the road around them in immediate danger.
I couldn’t agree with Jason’s comments any more. I do not think these bills are enough. I think that those who write our “Rules of the Road” need to look into writing rules for driving and using mobile devices. It should be part of the actual driving exam. They’re going to do it so people should be trained and tested.
Sen. Kwame Raoul should try to save lives and not try to bring the race card into the picture. The Law is to protect and not to be negative…I think you get paid to pass Laws to protect.
Try to be smarter than a 5th grader.
Distraction of a Driver using a cellphone hand held or hands free is well established by various scientific researches . We have seen how many lives we have already lost and how many we are loosing everyday because of the indulgent drivers scanty respect for the Law which can not be enforced easily for you can not have policemen at every nook and corner nether you can have CCTV footage everywhere. It is only the implementation of the Techonolgy now available can stem this menace.
All governments have to pass the law to implement a safe technology so that no driver is able to speak on the cellphone or hands free incorporated with emergency conditions ,where a driver can call in such like situation . This is now a global menace where millions die and many more incapacitated due to talking on cellphones.
I agree that laws need to be in place to protect the public where texting is concerned; however, I disagree that holding a cell phone in your hand while driving causes any more accidents than looking in the rear view mirror.
I disagree with the Chicago Alderman who wants cell phones equipped with software to automatically turn off when a car is moving. This in itself is dangerous because if I’m abducted, I cannot use my cell phone. If I pick up my child from school and cannot find her/him, do you really think I’m not going to have my phone on talking with whomever I can to help me find my child. These examples may be extreme, but wait until you’re caught up in a situation and see how important a cell phone is to have working.
There are other scenaros where I might need my cell phone while the vehicle is moving and I think none of those issues are being raised. The entire focus is one sided.
With respect to Joseph Sroka, when you become a black person, living in a black environment and having to deal with police harassment on a constant basis, maybe you’d be better equipped to determine the difference between a race card and truth. Bringing up a race card is just non-black people’s way of taking the focus off of what they are doing against black people. You should follow your own advice and try to be smarter than a 5th grader.
I was pulled over on the south side of Chicago and the officer informed me he pulled me over for talking on the phone. I informed the officer that someone was calling and i checked to see who it was, i was not speaking on the phone. He asked for my license and registration, went backk to his car, and came back with a ticket. I said i told you i was not speaking on the phone why am I getting a ticket? He said just sign it, I saw you. I responded saying I wont sign it (which is well within my rights). the officer then got very upset and said if you dont sign it ill arrest you and take you to the police station. He then opened my car door and said let’s go. Of course after that I signed it. The ticket was for 100 dollars which I did not have so I could not pay. Now the ticket came in the mail today and it says I owe 540 dollars. Is there any way I can fight this ticket or bring to light the injustice of this scenario?
I dont understand why people just get ticketed for texting while driving. Texting while driving is just like drunk driving. When your drunk your at least kind of trying to pay attention, when your texting your looking down at your phone your not looking up at all. Yet a drunk driver gets arrested right away and revcieves a DUI. Thats crap. My family just lost someone very special in our family because some girl was texting while driving and all she got was 3 stupid tickets. My cousin spent a month in a coma and then past away. while she’s free to do what she pleases. No it isn’t fair. And things need to be changed.
Patti i feel your pain but i think this whole ticketing thing is just a way for the governement to make more money. They know they can’t fully stop texting and driving so they sort of “tax” it so to speak. they can’t put everyone in jail that does it because it is a law far to often broken and we don’t have enough space in correctional facilites to do that.
I feel these current laws don’t go far enough. Even, “hands free”, cell phone usage still requires the driver to, “divide”, his or her attention from the primary purpose – DRIVING! I don’t believe there is any call so important that it can’t wait till you return home or at work. …
Even emergency calls should be made after the caller has pulled off the roadway and can give all attention to the problem. …
Accdents involving a driver using a cell phone, texting or other such mode of communication, should, from a legal standpoint, be fined or legally prosecuted just as severly as drunk driving. Cell phone usage, texting or drunk driving are all concious decisions made by the driver, any propeerty damage, personal injury or death as a result of any of these bad decisions shoul carry the same penalties!!!
People need to put on, “thier big boy/girl pants”, and start to take mature responsibility for thier actions. If they did, then maybe the government wouldn’t have to step in. …
Driving requires all your attention, it’s a very serious privelege. Every time we get behind the wheel of a vehicle, we are accepting responsibility, not just for ourselves, but for everyone else traveling near us. We just need to grow up!
This boils down to our driver’s education system. We need to teach kids to DRIVE, without any stupid distractions. Kids talk on the phone, text, eat, and do makeup while they drive and it is every bit as bad as drunk driving. We should revisit and reform the driver’s education system and also encourage the use of manual transmissions… Driving stick shift forces the driver to become wholly engaged with driving. It doesn’t allow for distractions as easily because both hands and feet are used when driving. It is also cheaper, faster, and more efficient.
I’m trying to find out if regular (not texting) use of a cell phone in your vehicle is prohibited in Illinois in 2012? Also, is it prohibited or not for truck drivers?
Judy: In general, adult drivers are allowed to use cell phones in Illinois. See the various restrictions at the top of this post. Illinois officials recently put out a press release about enforcement of the new federal law banning handheld cell phone use by interstate truckers. That rule is the same in all states.
It would be great for IL to pass a law that makes using a cell phone while driving illegal no matter what age. About 70 to 80% of cops that I see driving are talking on their cell phone. They should be setting an example.
I feel that we should stop the restrictions at the hands-free point. At some point the government is infringing on the rights of a citizen to just have a conversation. Making everyone abide to a hands-free law should be as far as they go. What is the difference between talking hands-free and having a conversation with someone, say your 7 year old, in the back seat? There is no difference. You have to occasionally look in the back seat just like you might at your phone. You may occasionally have to ask them to repeat themselves or listen more intently because the other person isn’t clear. What will be next for our legislature? No talking to anyone in your car while it is in motion? No transporting children without a second person riding with to address the children’s needs? At some point this gets ridiculous as the bottom line is driving is dangerous no matter what. We all need to do our share to be careful on our own without the government ruling that sucking on a tic tac is distracting. And if we screw up, then take responsibility for it and pay the consequences. More people die from bad nutrition choices or smoking than driving while talking on the phone. I don’t see that being banned yet…