Montana: Cell phone laws, legislation

Distracted driving update: Bozeman’s distracted driving law went into effect Jan. 17, with a monthlong warning period now in effect. Use of handheld cell phones and texting are prohibited for local drivers. Fines $100.

Helena’s ordinance prohibiting motorists and bicyclists from using handheld cell phones and similar electronic devices went into effect Dec. 7. Hands-free OK. Enforcement is primary with $100 tickets.

At least four other cities have taken action against distracted driving: Whitefish, Butte-Silver Bow, Billings and Missoula. Discussions are under way in Hamilton regarding a distracted driving ordinance. The City Council rejected a similar law there several years ago.

In 2011, the state Senate rejected a bill that would have prohibited use of handheld cell phones and text messaging while driving in Montana. It had been approved twice by the Transportation Committee. Sen. Christine Kaufmann, D-Helena, was the sponsor.

Current prohibitions:
None.

Distracted driving notes (2012):
The Hamilton City Council’s Committee of the Whole is expected to begin public discussions about a possible cell phone ordinance Jan. 24.

2011 distracted driving legislation (dead):
Senate Bill 251: Would ban use of handheld cell phones and other mobile electronics devices while driving in Montana. Text messaging included. Hands-free OK. Fines: $100, no points. Latest action: Approved and amended by the Senate Transportation Committee. Rejected twice by the Senate on March 18. Dead. (Kaufmann)

2011 cell phone, text messaging notes:
Bozeman city commissioners voted Nov. 28, 2011, to outlaw cell phone use and texting while driving. The distracted driving law took effect Jan. 17, 2012. After Feb. 17, $100 tickets will be handed out. Also prohibited are GPS data entry, and the use of various handheld devices and laptop computers. Bicyclists also are barred from using handheld cell phones while on a highway.

Helena city commissioners approved a ban on all cell phone use and texting while driving Nov. 7. It went into effect Dec. 7 and the warning period ends Jan. 7. A new amendment to the legislation allowing hands-free operation removed the original prohibition on all cell phone use by drivers. Bicycles included. Fines top out at $100. Commissioner Dan Ellison pushed for the law and later introduced the hands-free amendment after hearing public feedback. (Read the Helena distracted driving ordinance.)

Billings’ distracted driving law yielded almost 200 tickets in its first year, with twice as many warnings issued.

Whitefish’s ban on use of handheld cell phones went into effect Sept. 20. Police said their goal “is to educate the public and prevent violations rather than having a hard and fast rule dictating officer action.” No warning period. “It’s been well publicized,” the police chief said Sept. 7. The law specifically bans the touching of a handheld communications device while driving, including GPS units.

Half of Montana high school students surveyed admitted to text messaging while driving in the past month, the state Office of Public Instruction reports. 53 percent reported using a cell phone while driving. The survey was released in July and conducted in February.

The Butte-Silver Bow Commission voted April 6 to ban the use of handheld cell phones while behind the wheel. The ordinance went into effect May 6, with ticketing as of June 16.

SB 251 sponsor Sen. Christine Kaufmann, D-Helena, rounded up supporters for her bill such as the Montana Highway Patrol, the Montana Police Protective Association and mobile phone carrier Verizon Wireless. The groups provided testimony in favor of the distracted driving legislation at a Jan. 3 hearing. The state Libertarian Party chairman was the sole opposing voice, calling it a bid for revenues and just “feel-good legislation.” The bill eventually failed.

State Sen. Bruce Tutvedt, R-District 3, filed a 2011 bill draft request (LC0461) titled “Include distracted driving in other driving offenses.” The draft request status was changed to “on hold” as of Nov. 23, 2010. Tutvedt sits on the transportation committee.

2010 cell phone, text messaging notes:
The Montana Highway Patrol reports that in 2009, almost 100 deaths were linked to cell phone use by drivers. That compares with 63 deaths blamed on drunken driving. Commissioner Dan Ellison is doing the pushing.

Billings has banned text messaging and use of handheld cell phones while driving in city limits. Includes motorcycles and bicycles. Cell phones and related handheld devices were added to the current distracted driving ordinance in a City Council vote July 26, 2010. Final approval came Aug. 23 and the distracted driving prohibitions went into effect Oct. 31. Fines typically $110 but can be up to $300 (first offense) then up to $500. As of April 2011, 50 warnings and 10 citations have been written under the law.

2009 legislation (dead):
SB 278: Use of handheld cell phones and “mobile electronic devices” would be prohibited for all drivers. Cites PDAs, text-messaging devices, video game players and laptop. Allows for use of cell phones with hands-free listening and speaking devices. This bill marked “died in process” in late April 2009 after it cleared the Highways and Transportation Committee.

HB 49: Would have prohibited use of cell phones and text messaging devices on highways near most cities and in a school zone. Tabled in committee on Feb. 6, 2009.

2009 distracted driving notes:
The city of Missoula banned texting while driving, effective July 1, 2009. Fines range from $100 to $350. The mayor vetoed a cell phone ban that had been approved by city lawmakers. The Missoula text messaging ban also applies to cyclists. As of early May 2011, 16 citations have been handed out under the law.

A plan to prohibit cell phone use by drivers died in committee in April 2007. There was no Montana legislative session in 2008.