Louisiana: Cell phone laws, legislation

Cell phone, texting news: A ban on using handheld cell phones while driving was approved by the Louisiana House but died in the Senate Transportation committee. Its sponsor missed a key hearing because he was “stuck in traffic.”

Current prohibitions:
Text messaging banned for all drivers.

Drivers under 18 years old may not use wireless devices — including cell phones, text-messaging units and computers — while operating motor vehicles.

Drivers with learner’s and intermediate licenses prohibited from using cell phones unless a hands-free device is attached.

2009 legislation (session over):
Louisiana House Bill 146: Seeks to ban use of cell phones while driving on Louisiana’s roads unless a hands-free device is employed. Also would prohibit text messaging and emailing via various devices. The handheld cell phone ban was approved by the House Transportation Committee on May 18, 2009, and sent to the House floor for a full debate. It was approved by the House on May 27, but with an amendment that watered down the plan by making violations a secondary offense. Sent to the Senate where the handheld cell phone legislationwas “voluntarily deferred” by the frustrated sponsor, Rep. Austin Badon of New Orleans. Badon missed a key hearing, saying he was delayed in traffic, but it appears the bill was doomed anyway.

Legislation notes:
Rep. Austin Badon, D-New Orleans, fought a House amendment to his HB 146 that reduced violations to a secondary offense, meaning police would need another reason for pulling over drivers. “We don’t need to water this down,” Badon told fellow representatives. The amendment was approved on a 56-40 vote and HB 146 then passed on a 57-41.

Badon missed the June 9 committee hearing on his HB 146 because he was stuck in traffic, reports said. The representative said it didn’t matter — he withdrew the handheld cell phone legislation from consideration after a hostile reception the week before in the Senate Transportation committee.

Badon tried again with HB 146 after his previous hands-free bill was approved in the House but died in the full Senate. Badon’s 2009 cell phone legislation calls for fines of $100 for a first-time violation, $150 for a second, $200 for a third and $250 for all others. Enforcement would have begin Jan. 1, 2010. He plans to renew the fight in 2010.

Badon makes an interesting point about the advantages of keeping cell phones out of drivers’ hands: “The sight of someone holding a phone while driving erratically also can anger other drivers, creating even more danger in traffic.”

The 2009 legislative session in Louisiana began April 27 and ended June 25, later than in most states.

The texting prohibition and the cell phone restrictions on young drivers took effect Aug. 15, 2008. The sponsor was Sen. Julie Quinn, R-Metairie.

The state Highway Safety Commission reports that cell phones were a factor in 2,187 accidents during 2008, including 10 fatalities.

HB 402, passed by the House and Senate in May 2008, prohibits school bus drivers from using cell phones. The law was inspired by a citizen complaint about a chatty driver

“We want our school bus drivers, who have precious commodities, our children, to focus on driving,” said Sen. Dale Erdey, R-Livingston.

California state Sen. Joe Simitian, who wrote the famous California hands-free laws, said he consulted with a legislator in Louisiana about similar bills.