North Dakota: Cell phone laws, legislation

Latest cell/texting news: The North Dakota Legislature is not in session in 2010. Legislation addressing distracted driving is being prepared for the 2011 session.

Current prohibitions:
No limits on cell phone use.

2010 distracted driving notes:
In Grand Forks, a plan to ban text messaging while driving has been put on hold, possibly in favor of a wider distracted driving law. The texting ban would have brought $30 fines. The legislation was returned to the city safety committee on Aug. 16.

In Bismark, a city commissioner is drafting an ordinance that would ban text messaging with primary enforcement and fines up to $50. Parrell Grossman is pushing for his law to take effect by fall 2010. He expects the state Legislature to tackle the texting and driving issue later, during the 2011 session.

2009 legislation:
HB 1208 — Rep. Lawrence Klemin, R-Bismarck, saw his legislation to ban text messaging for drivers defeated in the House on a 60-34 vote. The law would have included a fine of up to $100 fine and a 2-point license penalty for first offenders. Subsequent violations would have brought a 4-point penalty. The bill was modeled after Minnesota’s text-messaging law.

Legislation notes:
Insurance Commissioner Adam Hamm and Rep. Ed Gruchalla, D-Fargo, have proposed legislation that would outlaw cell phone use and text messaging by drivers who are 14 or 15 years old. North Dakota allows 14-year-olds to drive with provisional licenses.

An Associated Press poll of North Dakota legislators found a majority favored cell phone restrictions on young drivers.

“(Text messaging) seems to be the worst distraction a driver can engage in while using a cell phone,” Rep. Klemin said.

Klemin’s bill that would have banned cell phone use by minors was defeated during the 2007 session. He had lobbied to have the cell phone ban extended to all drivers unless they were using hands-free mobile phone devices.