North Carolina: Cell phone laws, legislation

Cell phone, texting legislation news: A ban on text messaging while driving took effect in North Carolina on Dec. 1, 2009. About 220 citations were issued in its first three months.

Current prohibitions:

• Text messaging prohibited for all drivers.
• Drivers under the age of 18 with provisional licenses are prohibited from using cell phones while driving, unless calling parents.
• School bus operators prohibited from using cell phones while driving.

2010 legislative session notes:
State Rep. Paul Luebke, D-Durham, says he’ll return with a plan to restrict cell phone use while driving in the full 2011 session, assuming he’s re-elected.

Over the past four years, almost 5,000 crashes in North Carolina were blamed on distracted driving.

As of February, 221 tickets were written for violations of the state’s new law against text messaging while driving. Only 41 resulted in a conviction, according to the Administrative Office of Courts.

North Carolina residents are overwhelmingly in favor of adopting a ban on cell phone use while driving, according to a statewide poll sponsored by the Charlotte Observer. Almost half of the poll respondents (47%) supported a total ban on cell phone use, while 40 percent wanted a ban on handheld cell phones that exempts users of hands-free attachments. The numbers are similar to those found in a 2009 poll (below).

2009 cell phone legislation:
HB 9: Prohibits all drivers from text messaging and emailing. Ratified and sent to Gov. Beverly Perdue, who signed the texting ban on June 19. The law calls for a $100 fine plus court costs, but no points for the infractions. Violations by school bus drivers will be treated as misdemeanors with fines “no less than” $100. The law went into effect Dec. 1. (Same as SB 96)

SB 22: Would prohibit use of cell phones while driving unless a hands-free device is employed. Approved by the Senate Judiciary II Committee on March 31 and sent to the appropriations committee.

SB 12: Would prohibit use of cell phones while driving unless a hands-free device is employed. Bill withheld by sponsor was expected to return before the May 14 cutoff date for new laws.

SB 19: Would ban text messaging for all drivers. Held.

HB 68: Seeks to outlaw use of electronic devices while driving. Allows for hands-free cell phone operation. Poor reception in the House Transportation Committee on March 31; sent to subcommittee for “further study.” (Cole)

HB 1320: Would add mobile phone use as an “aggravating factor” in traffic violations. Additional fine of $100. (Starnes)

Legislation notes:
The 2010 “short session” of the 2009 General Assembly begins May 12, 2010. Not all 2009 bills eligible for consideration in this session.

The bill that banned text messaging while driving on North Carolina roads (H9) was OK’d by the House on April 16, in a 104-5 vote. Previously approved by the House Judiciary Committee (April 14) and the House Ways and Means and Broadband Connectivity Committee (April 1). Sent to the Senate (April 16) and approved there on a 30-18 vote (June 9). Signed by Gov. Bev Perdue (June 19).

Rep. Nelson Cole of Reidsville, sponsor of the cell phone legislation HB 68, said of dubious committee members: “At some point in time, when one of them gets hit by somebody, then they’ll understand.” Cole told the Fayetteville Observer that he asked for the cell phone legislation to be sent to subcommittee and wasn’t worried about the move.

AT&T, AAA Carolinas and North Carolina’s insurance commissioner Wayne Goodwin held a press conference in support of the anti-text-messaging legislation HB 9 on Feb. 10.

About two-thirds of North Carolina adults approve of bans on use of cell phones while driving, according to a study done by Elon University. More than half of those polled said they talked on mobile phones while operating motor vehicles. The poll of 758 people was conducted in late February 2009.

The Senate Commerce Committee gave a “lukewarm” reception to Sen. Charlie Dannelly’s S 12 cell phone legislation on Feb. 17, the AP reported. The committee reduced the bill’s penalty from $100 to $25 and deleted the obligation to pay court costs. The bill then was withdrawn, but Dannelly says he’ll revive the cell phone legislation in early May.

Dannelly told the Fayetteville Observer: “I want to get notable organizations and people who know what they’re talking about to persuade some of my fellow senators that it’s not a good thing to multitask” while behind the wheel.

Rep. Garland Pierce, D-Scotland, author of HB 9, did a Q&A interview on the North Carolina texting legislation. Of the persistent arguments that the laws are difficult to enforce, he said: “I feel that’s true. But the point we were trying to make: If law-abiding citizens understand the importance of having safe highways, we would hope that they would respect the law and do the right thing.”

HB 9 co-sponsor Rep. Carolyn Justice, R-Pender, expected the legislation would pass. She called the North Carolina texting ban a “no brainer.” “How can you look down at something to write something and drive?” she said.

The News and Record editorialized that enforcing a North Carolina ban on text messaging while driving “would be next to impossible.” The paper cites text messaging as a danger, but, in an unusual argument, notes that texting “in standstill traffic would be harmless.”

Rep. Davis Lewis said North Carolina text messaging legislation “is ridiculous because it cannot be enforced.”

Cell phone driving bills that died during the 2007-08 session: SB 1139 and HB 527: Would have prohibited drivers’ use of mobile phones without hands-free devices.

The ban on cell phone use by school bus drivers was approved and signed by the governor in July 2007.

In 2007, the Highway Patrol wrote only 35 tickets for cell phone infractions, MSN Money reported.

Teen drivers can see their progress toward a full license delayed by six months … if a ticket were actually issued. A 2008 study by the nonprofit Insurance Institute for Highway Safety found that North Carolina students were largely ignoring the law.

North Carolina is another state distracted by false email claims that new cell phones laws are in effect for all drivers. Florida cell phones drivers, as well as those in Texas, were confused by similar hoaxes.

David Kaber, an associate professor of engineering at North Carolina State University, studied the use of cell phones with “adaptive” cruise control — which automatically keeps a safe distance from vehicles ahead.

“The important thing is cell phone use negatively impacts situational awareness, and situational awareness has been linked to effective decision-making and performance,” Kaber said. “People may say ‘I’m using my cell phone, and I can brake in time’ or ‘I can keep my car in the lane’ or ‘I can maintain my speed,’ but the problem is that it is having an impact on their attentional resources. It compromises their overall awareness of the driving environment, and when a critical condition develops, they may not be prepared to deal with it.”

Other NC State researchers looked at cell-phoning drivers’ attitudes toward legislation. They found that most of the cell phone users felt they were better able to handle driving and phoning than other drivers.

“Cell phone users believe that they are better than other people in using their cell phone safely while driving,” said Michael Wogalter, a psychology professor. “They believe that other drivers are more dangerous using a cell phone than themselves.”