Indiana: Cell phone laws, legislation
Last updated: August 13, 2010 · Print this report
Cell phone, texting update: Several bills that would outlaw texting while driving on Indiana roads failed to become law in 2010.
A ban on teenage drivers’ use of cell phones and texting devices went into effect in 2009. Indiana police reportedly have issued only three tickets under that law, as of August 2010.
Current prohibitions:
Drivers under the age of 18 may not use cell phones, text messaging devices or other wireless telecommunications devices
2010 legislation (session over)
Indiana House Bill 1279: Would ban text messaging for all drivers on Indiana roads and highways. Texting via hands-free devices exempted. Fines up to $500. Cleared the Committee on Public Policy on Jan. 28, 2010, and was sent to the Senate, where several sponsors have signed on. (Pearson)
HB 1057: Would ban text messaging while driving in Indiana. (Moses)
HB 1060: Would prohibit text messaging and cell phone use by drivers over the age of 18, unless a hands-free accessory is employed. Fines $25 (first)/$50/$100. (Summers)
Indiana Senate Bill 18: Would ban all forms of text messaging while driving on state roads and highways. Offenses would be Class C infractions, similar to traffic tickets. (Holdman)
SB 111: Would make most texting while driving offenses a misdemeanor in Indiana. First offenders will be cited for a Class C misdemeanor, while a Class A misdemeanor applies if the violator has an unrelated offense within five years. If however, bodily harm or death results, texting while driving would be a felony. Provides that text messaging may constitute as a qualifying event for a habitual traffic violator determination, also bringing felonies into play. In Committee on Corrections, Criminal, and Civil Matters. (Lanane)
2010 cell phone, texting legislation notes
The Indiana Legislature has a “full session” planned for 2011, which increases the chances that distracted driving bills will become law. The 2010 session was short.
Only three tickets have been written under the teenage distracted driving law of 2009, according to the Courier-Journal. The newspaper calls for a broad ban on handheld cell phone use while driving, which would end the complication of police having to determine a driver’s age before pulling him or her over.
Rep. Joe Pearson, D-Hartford City, saw his HB 1279 approved unanimously (11-0) by the Committee on Public Policy on Jan. 28.
State Sen. Travis Holdman, R-Markle, has filed SB 18, which would prohibit all Indiana drivers from text messaging while behind the wheel. Holdman, whose distracted driving limits on teens went into effect July 1, said constituents and traffic safety experts urged him to prohibit state motorists from texting while driving. “As texting-type tasks continue to grow in popularity we have to use what resources are available to help reduce the amount of crashes and fatalities on our roads,” Holdman said in a statement announcing the Indiana text messaging legislation on Oct. 29.
Sen. Tim Lanane, D-Anderson, seeks strict penalties for texting while driving with his SB 111. “My bill likens it to drunk driving or something like it,” Lanane said. “If there is a harsher penalty, then maybe drivers will take the law more seriously.”
A New Albany plan to ban text messaging and handheld cell phone use is losing steam. City Councilman Steve Price is pushing for the distracted driving ordinance, but says he’ll go along with just a ban on texting. The city’s safety committee will meet on the issue at some point.
2009 legislation (dead):
SB 16 prohibits a driver under 18 from using a telecommunications device. Approved by the Senate and House, and returned to the Senate on April 15 for approval of House amendments. Signed into law May 7 and became effective July 1. (Holdman)
SB 80 would prohibit cell phone use for drivers under 18 unless a hands-free accessory is employed. (Kruse)
HB 1242 would prohibit motorists from using hand-held phones. Drivers with probationary licenses also prohibited from also using hands-free cell phone set-ups. (Summers)
HB 1699 would prohibit drivers under the age of 18 from using hand-held mobile phone. (Robertson)
Previous Indiana legislation notes:
The teenage driving limits legislation (SB 16) was approved by the House Roads and Transportation committee in a unanimous vote on April 1, 2009. Senate approval came Feb. 5. The House OK’d the cell phone-texting bill with amendments on April 15.
Rep. Vanessa Summers, D-Indianapolis, has filed cell phone-related bills such as 2009′s HB 1242 repeatedly, without success. She voted against SB 16 on April 15, telling fellow legislators: “Shame on you all for not doing something for yourself that you’re asking your children not to do” (banning cell phones for all drivers).
The debate over teen texting and driving understandably has been intensified after the March 21 death of Indiana college student Brittiany R. Phillips, 21, of Muncie. She had been sending and received text messages in the moments before she crashed into a tree.
Sen. Dennis Kruse, R-Auburn, hopes that once his teen driver legislation SB 80 has a hearing, it would be modified to include more rules and drivers. Kruse was inspired to author the bill after he lost control of his vehicle while on a cell phone, and ended up in a ditch. “Studies aren’t overly convincing that cell phone use is more distracting than drivers who put on makeup in the car or have dogs in the front seat with them or lean over to get something off the floor,” Kruse said. “But, there is definitely a distraction.” Kruse’s bill seeks primary enforcement status for the cell phone driving law.
Rep. Summers noted in the 2008 session: “In the seconds it takes you to dial a 10-digit number you can look up and be in the back of someone. Every year it amazes me you guys don’t get it.” “Several committee members expressed concern that there are no data to show this is a problem,” the Journal Gazette reported of the cell phone legislation.
South Bend has banned the use of cell phones in school districts. First offenses bring $75 fines, second, $125, and subsequent violations $250.
The South Bend Tribune said the city didn’t go far enough with the ban on cell phoning and driving in school zones: “In the end, will it really be safer with drivers strategizing how to get in the last word before they hit a school zone? Or making that follow-up call 30 seconds later?” It called for a citywide ban and, better, a statewide ban.
Monroe County has banned the sending of email and text messages while behind the wheel. The ordinance went into effect Jan. 1, 2009. A sheriff’s deputy died in a texting related accident in October 2008. Enforcement does not extend to Bloomington.
Background: A legislative study committee on Oct. 14 approved draft legislation that seeks more limits on teenage drivers, including a ban on cell phone use without a hands-free device. Sen. Tom Wyss, R-Fort Wayne, the bill’s sponsor and chairman of the Interim Study Committee on Learner’s Permits and Graduated Driver’s Licenses, will introduce the teen-driving legislation for the 2009 session. Sen. Travis Holdman, R-Markle, will push for that new legislation. Wyss proposed a similar bill in the 2008 session, but it was stripped of meaningful provisions before fizzling out. The study group also OK’d a separate plan to ban the use of cell phones and texting devices by bus drivers and others with public chauffeur licenses, the Indiana Star reported.
I had several close calls with cell phone drivers. One had a smoke in one hand a can drink the other and the phone under her chin trying to make a turn. Oh at a stop light. Young girl pass me laughing not even thinking about there driving. Hand free cell are fine with me. The old rule you can’t do two things well at one time. I am totally disabled and i don’t need any more pain by someone talking when they should be driving. thanks john hasse
I think cellphones need to be banned while driving people that use there cell phones while driving don’t pay attention and this has been a proven fact we need to have the hands free law I don’t understand why Indiana isn’t passing this law? It is bad enough when you have teenagers out there driving and think they are invincible and are able to text and dial a 10 digit number all while driving. All these other states who have passed this law my hats off to them for making there roads safer to be on!
I think cell phones should be banned not only for teenagers but for anyone. Yes drivers do need their cell phones, but only for emergencies. I’ve seen bus drivers and semi truck drivers on their cell phones, and it scares me when I drive, because I have to think are they going to pay attention if they move over and I would be right next to them and they don’t see me.
I really think that we should ban useage of celluar phones while driving unless you are using a hands free device. And also I think that there should be enforcement on this, hopefully better than the seat belt enforcement. I see so many people driving with cell phones to there ear and trying to multi-task while driving. I really am concern about the bus and truck drivers using them. I have seen videos of truck drivers steering with elbows while trying to text or talk on the phone. Very scary when you see a bus driver trying to make a turn with one hand and a cell phone in the other. The restriction on teens should be set also I see so many accidents involving teens while talking on the cell phone. Why is it that other states have had this law for several years, it seems Indiana is always afraid to make a change, We need a law or have signs posted on roads and highways “Hand up your cell phone and drive!”
I think it should be banned nationwide except for hands free or speaker phone use and it should allow you to to a button to answer it and to hang it up. All other cell phone driving bans should be eliminated.
i would have to agree with every one, ( the usage of a cellular-
elctronic device) impedes one’s functioning abilities!!!
i would disagree with all the hyperbole on ( banning cell phone
usage ) if one does not have the hands free bluetooth parifaneli!!
my rationale may seem unlogical & unrealistic….
i believe that it is my right to own and operate a cell phone while
operating a vehicle, why do i believe this ? well i think that
when we give up our RIGHTS as AMERICAN’S there is no going
back. how every i am in favor of some type of fine one must pay if
one has caused personal-property damage. obviously the fine
would have to be high enough to discourage, this type of poor
judgement from continuing.
this is how i see the matter as of now
i am 15 years old so i will have alot of time to reanalysis my logic & opinion
The State of Indiana is not trying to take away anyone’s rights. They’re just trying to make it safer out on the roads for drivers. But it shouldn’t be just for drivers under the age of 18, it should be for any and all drivers on our roads. There are people over the age of 18 who are just as irresponsible. The law should be for everyone.
I was just reading through all these comments and strongly agree that this is a law that needs to be passed. It definitely should not be just for teenagers, but for EVERYONE. Look up the statistics. Texting while driving is worse than when a person is under the influence of drugs or alcohol by 91%. It is impossible, no matter how good you think you are, to do these two things and have control of your potential moving, lethal weapon.
Ian, I know you are very young, but just as drunk driving or driving while under the influence is not a legal right, neither should texting be one seeing as how it can be more dangerous than either of those two things. Think about it.
How is protecting the safety of pedestrians, cyclists, and other motorists restricting “our RIGHTS as AMERICANS”? Common courtesy for people (outside one person’s bubble) should be a consideration. Since most teenage drivers are in a probationary period for their first six months or year of driving (for a reason), should they be doing all they can to learn the rules of the road first before trying to drive and having a cell phone conversation or texting. Personally, I think taking the driver’s test first as a teen and then never again until one’s eyesight fails is the wrong approach. People can easily forget what they learned in driver’s ed when all they cared about was passing the road test. What about all of those people in their 20′s through 60′s who could benefit from learning the rules of the road again.
I think this should apply for EVERYONE. And, what is the penalty for the teenage that gets caught.
Also, can they use a bluetooth, or, is that not applicable?
I know it says “handsfree”, but anything is distracting.
Thanks!
I completely agree with this law. I also agree that adults shouldn’t use cell phones while driving. Adults are just as likely to get into a wreck when they are handling cellphones. But I also think that the radio is distrtcting too. Whats next, are they going to take that away too? Everything is a distraction from driving. You as a person has to decide what is too much of a distraction for yourself and get rid of that distration. It is part of being responsible enough to drive.
I am 17 years old and I live in a small town, so when something happens that is big, it affects everyone. Think of someone besides yourself. How would feel if you took someone else’s life because you were to cocky to put your phone away? I wouldn’t be able to live with myself.
i wouldnt mind the whole hands free thing either. have seen wrecks caused by people on the cell phone
I will vote for ANYONE that manages to pass a total “hands free” driving law in Indiana — for ALL, not just teenagers! It has become a war zone on the highways, and I’m lucky to make it home alive every day after work! If we get that kind of law passed, there is no doubt that our annual fatalities would go down, plus we may get some additional federal funding for our state if we adopt that law.
[...] know your neighborhood. Think about it, you’re driving along at 30 miles per hour, possibly texting or talking on the phone, not noticing the first thing in that blur on the other side of the glass [...]