Kentucky: Cell phone laws, legislation
Last updated: July 14, 2010 · Print this report
Cell phone, text messaging update: Violators of Kentucky’s new distracted driving law will receive “courtesy” warnings until Jan. 1, 2011. The ban on texting by all drivers took effect July 15. The statewide law also bans use of all personal communications devices by drivers under 18.
After that fines are $25 (first offense) and then $50, plus court costs.
Current prohibitions:
- Text messaging prohibited for all drivers. Fines are $25 (first offense) and then $50, plus court costs (warning period until Jan. 1, 2011).
- Use of personal handheld electronics banned for drivers under 18 years of age. (Fines same as above, plus drivers with restricted licenses must wait 180 days to apply for regular license.)
- School bus operators prohibited from unofficial use of cell phones while transporting children.
2010 legislation:
HB 415: Outlaws text messaging for all drivers and bans the use of personal communications devices by motorists under the age of 18 with learner’s permits. Fines are $25 (first offense) and then $50, plus court costs. Approved by the House and Senate on April 1, and then signed into law by the governor on April 15. (Incorporates SB 23, below.) Latest action: The law took effect July 15, with a warning period that lasts until the start of 2011.
SB 23: Would prohibit texting while driving on Kentucky’s roads and highways. Would ban the use of personal communications devices by motorists under the age of 18 with learner’s permits. Bill was ported over to HB 415, above, and approved by the House and Senate. (Harper Angel)
HB 43: Would ban texting while behind the wheel. Also seeks to outlaw use of all personal communications devices by drivers under the age of 18 (amendment). Fines $20-$100. Approved by the House Transportation Committee on Jan. 26 and then by the full House on Feb. 4. Advanced to the Senate. (Richards)
HB 27: Would outlaw text messaging in Kentucky for all drivers and ban the use of cell phones by motorists under the age of 18. Fine of $50. (Nelson)
HB 232: Seeks to outlaw text messaging and use of handheld cell phones by all drivers. Cell phone use OK with a hands-free device
Legislation notes:
Gov. Steve Beshear’s signing of the new distracted driving law was no surprise. He said April 1: “The texting bill is a common-sense bill to protect all Kentucky drivers. Regardless of whether you personally text while driving, another nearby driver may be distracted by typing out a message.” He banned texting for state employees in 2009.
Rep. Tom Riner, sponsor of HB 415, said after it became law: “If citizens knew all the obstacles facing its passage, they would agree that the final passage of HB 415 was nothing short of a miracle.” Riner, D-Louisville, said the law was “guaranteed to save lives.”
Rep. Jody Richards, D-Bowling Green, saw his HB 43 clear the House Transportation Committee on Jan. 26, 2010, and then the full House on Feb. 4. The House vote was 80-16 with all opposition coming from Republicans. The text-messaging plan now goes to the Senate.
Rep. Keith Hall, D-Phelps, was opposed to HB 43 until the night before the vote. That’s when his wife was involved in a serious accident while distracted by her ringing cell phone. “That’ll give you an epiphany,” he told the House the next day. “That’ll give you a wake-up call.” Hall voted yes.
Sen. Denise Harper Angel, D-Louisville, author of the anti-texting plan SB 23, says: “Communicating through electronic devices has become important in our daily lives, but drivers need to understand the dangers of texting while driving. Statistics indicate that a person texting while driving is 23 times more likely to be involved in an automobile accident.”
Gov. Beshear on Dec. 16, 2009, issued an executive order prohibiting Kentucky government employees from texting while driving state vehicles. It does not cover drivers’ use of cell phones. “You can obviously continue to view the roadway while you are talking on the telephone. You have to take your eyes off of the roadway when you’re trying to text message,” Beshear said. “With nearly 34,000 civilian employees, state government can and should demonstrate leadership in reducing the dangers of text messaging while driving. I’m committed to leading by example.” The texting ban is now in effect.
Rep. Rick Nelson, D-Middlesboro, who introduced HB 27, was the author of last session’s HB 46 (below).
In the past two years, more than 400 people in Kentucky died in distracted driving-related accidents, a state report showed. In 2008, 24 teenagers died in Kentucky because of distracted driving.
2009 Kentucky cell phone / texting legislation:
HB 41 (BR 135): Would ban use of wireless communication devices by drivers not employing a hands-free device. Died in committee.
HB 46 (BR 267): Would ban use of all wireless communication devices by drivers under 18, regardless of whether a hands-free device is employed. Died in committee.
2009 legislation notes:
HB 41, from the 2009 session, called for the use of handheld personal communications devices as a secondary offense, with fines between $20 and $100. Including but not limited to cell phones and text messaging devices. The sponsor was Rep. David Floyd, R-Bardstown.
HB 46 was sponsored by Rep. Rick Nelson. The ban for drivers under 18 would have included cell phones and text messaging devices, regardless of whether a hands-free accessory is in use. Motorcycle and moped riders also would have been prohibited from use of wireless devices. Young offenders would have been subject to an additional 180 days of waiting to get a more advanced driver’s license.
“(Teen drivers) are at a stage of their driving career where they’re not as experienced,” Nelson said. “So maybe we can save some teenage lives and stop some accidents.”
Lexington Herald-Ledger columnist Tom Eblen wrote about texting and cell phone laws: “Remember when drunken driving was treated with a wink and a nod? It took high-profile campaigns by Mothers against Drunk Driving and other groups to make it socially and legally unacceptable.
“What will it take to make us acknowledge the danger of gadget-impaired driving?”
I am all for laws against cellphone usage while driving. Mostly texting while driving should be banned. My 19 year old son was hit head on by a woman texting on a cellphone. It killed her and injured my son badly. This accident happened just one month ago. I have to say texting on a cellphone is not worth what both of families have been through.
HOW DUMB ARE YOU? This is just another law telling you how inept your government thinks you are. If police officers can type on a laptop and drive how much better are they than you? You should be ashamed of being sheeple and govern your own children.
I am against cell phone texting. People get distracted when they text. They look at their phone and not the road. And as far as talking on cell phones I am against that too. People should pull over to talk on them. They get distracted when they are talking on them and trying to drive.