Louisiana: Cell phone laws, legislation
Last updated: August 12, 2010 · Print this report
Cell phone, texting news: A law that upgrades Louisiana’s existing text messaging ban to primary enforcement goes into effect Sunday, Aug. 15. This means police can stop and cite drivers for that violation alone.
Legislation that would have outlawed handheld cell phone use by all drivers again failed in the House in 2010.
Current prohibitions:
- Text messaging banned for all drivers. Fines up to $175 (first offense) and then $500. Primary enforcement begins Aug. 15, 2010.
- Drivers under 18 years old may not use wireless devices
— including cell phones, text-messaging units and computers — while operating motor vehicles. Primary offense as of Aug. 15.
- Drivers with learner’s and intermediate licenses prohibited from using cell phones unless a hands-free device is attached.
2010 legislation:
Louisiana Senate Bill 9: Upgrades the existing law prohibiting text messaging to primary enforcement status, meaning law officers can stop and cite violators solely for that offense. Also applies to ban on use of wireless telecommunications devices by youngest drivers. Fines would remain at $175 (first offense) and then up to $500. Insurance company notification of offenses. (Louisiana Act 203)
SB 9 was advanced to the full Senate by the transportation committee on April 15 and approved by the Senate on April 21 in a 22-9 vote. Approved by the House (with minor changes) in a 69-22 vote on June 2. Back to the Senate for final sign-off, which came June 7 in a 32-0 vote. Latest action: Signed into law by Gov. Bobby Jindal on June 17; goes into effect Sunday, Aug. 15. (Gautreaux)
House Bill 863: Prohibits texting and handheld cell phone use for all drivers. Does not include hands-free operation of mobile phones and use of two-way radios. Primary offense. Fine of $125 plus court costs. Originally a separate distracted driving law for commercial vehicle operators, but amended to include all drivers with sponsors’ backing. Approved by the House Transportation Committee on April 27 (a 12-2 vote) and sent to the full House. Failed to advance in the House after two votes. Dead as of May 17. (Stiaes, Leger)
HB 1235: Would outlaw use of handheld cell phones and other electronic communications devices for all drivers. Primary enforcement. Fines $100 (first offense)/$150/$200/$250. Approved by the House Transportation Committee on April 27 (a 12-2 vote) and sent to the full House. (Bandon)
HB 134: Would establish that in liability cases, drivers using handheld electronic devices would be assumed to be at fault for any accident — “prima facie.” No activity since late March. (Abramson)
2010 legislation notes:
HB 863 started life as a ban on handheld cell phone use by commercial truck drivers, but it was amended in committee to apply to all drivers. State Rep. Jack Montoucet, D-Crowley, wrote the amendment: “It is getting worse and worse day by day,” he said of drivers using cell phones.
The Louisiana Highway Safety Commission reports that cell phone-related fatalities were up to 16 in 2009, and probably underreported.
The Louisiana Department of Transportation and Development is testing technology that reroutes incoming phone calls and text messages when a handheld device is in a vehicle in motion. The pilot program is using DOT vehicles.
SB 9 sponsor Sen. Butch Gautreaux, D-Morgan City, said he proposed the stiffening of texting fines after following a driver he assumed to be drunk. The driver was texting, he told a transportation committee hearing on April 9.
2009 legislation:
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.
Every day on my drive from Algiers to Metairie, I see people talking on hand-held cell phones. They are easy to spot. They are the ones who go 50 mph in the fast lane, change lanes without signals or weave in and out of their lane. Many things can distract drivers, but hand-held cell phone use is at the top of the list. I’d love to see this bill passed AND enforced!
If you are gonna ban that then what about these Other distracting things. They too could be banned from while driving.
• Your kids screaming or fighting from theBack seat & you being referee
• Eating lunch
• Applying make up
• Digging in your purse for something
• Reaching in back seat for lost item, work
Files/ folders
• Not wearing sunglasses on a really sunny
Day
All of these things distract you while driving. It’s not the phone, it’s the idiot using it.
An idiot is an idiot regardless of what they are doing in a car.
Yes using a hand held phone should be aginst the law.
I appluade the legislation to ban texting while driving. I, myself cannot text and drive so i believe that no one should be texting and driving. If caught i think the fines should be extensive and espically when an accident is involved.
Do away with the helmet law , Red Light Cameras and seat belt laws It’s Communism !
Need to put a ban on people putting on make-up behind the wheel. Their the ones that distracts the most and all over the frkn road.
I totally agree that using cell phones (hand held and hands free) should be banned…especially texting. If you’re on the phone you are NOT paying attention to the road. But, who is going to enforce these laws? Oh, yeah, the cops that are on the phone are going to enforce it, right?
The only thing that is stupid about this law is that “law enforement is exempt in emergency situations” That is B.S. This law should apply to everyone or no one.
I agree that texting while behind the wheel needs to be prohibited, along with hand held cell phone calls. Hands free use should not be outlawed. Some of us can actually carry on a conversation while driving and obeying the traffic laws. Of course, there are those drivers out there that can’t carry on a conversation with the person sitting next to them while they are driving. But since you can’t make being an idiot against the law, then you should make it illegal for everybody? How about a basic IQ test with your drivers license. I’m sure that would take care of the majority of the problem.
I am currently living in Colorado Springs but getting ready to return to Louisiana. Can or cannot a person talk on their cell phone while driving? That is not clear to me. I can understand not allowing texting while driving. I do not talk on my cell phone when in traffic, just too dangerous.
Feedback for Jay – Currently in Louisiana, it is illegal for under 18 to drive while talking on a cell phone. Unfortunately it is still ok for 18 and over to talk on cell phone while driving. Maybe, just maybe, in the 2011 Louisiana legislative session, cell phone use while driving for anyone will be prohibited. But for now, unless you are under 18, you can talk on a cell phone in La while driving and not get a ticket.