Illinois: Cell phone laws, legislation
Last updated: March 8, 2010 · Print this report
Cell phone legislation news: A new law banning text messaging while driving in Illinois went into effect Jan. 1, 2010. Chicago’s City Council increased fines for talking on a handheld cell phone while driving. The fine for cell-phoning and causing an accident jumped to $500.
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.
School bus operators prohibited from using cell phones while driving if passengers are present.
In Chicago, all drivers talking on mobile phones must use hands-free devices. Text messaging prohibited while driving.
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
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: Would rewrite 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. (DeLeo)
HB 6073: Companion to SB 3199, above (Fritchey)
HB 5120: Simiar to SB 3199, above (Rose-Eddy)
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 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.