Oklahoma: Cell phone laws, legislation

2010 cell phone, text messaging news: The House and Senate both have voted in favor of bills that address drivers’ use of handheld cell phones and texting devices.

Current prohibitions:
No limits on cell phone use or text messaging.

2010 cell phone, texting legislation:
HB 3250: Would ban the use of handheld cell phones and text messaging devices while driving in Oklahoma. Cell phone users must employ hands-free accessories. Exempts GPS and navigation devices. Penalties up to $1,000 (fine and court costs). Approved by the House Public Safety Commitee on Feb. 24. Approved by the full House on March 10. Sent to the Senate. (Tibbs, Morgan)

SB 1908: Overall distracted driving bill. Cites cell phone use and text messaging. Sets enforcement at “secondary level,” with police not permitted to stop violators for this reason alone. Fine of $100 plus court costs of up to $35. Approved by the Senate on March 10. (Sykes)

HB 2611: Would prohibit text messaging by all drivers. Secondary enforcement. Fine of $250 plus two points/$500 three points. (Liebmann)

HB 2857: Would outlaw text messaging and use of cell phones by drivers of public transit vehicles, including school buses. Also railway vehicles. $500 fine. (Wright)

SB 1355: Would prohibit drivers 18 years old and younger from text messaging while behind the wheel. Secondary enforcement, meaning traffic officers cannot stop violators for this reason alone. Fines of up to $100 and $250 (subsequent violations). (Paddack)

SB 1843: Would prohibit text messaging by all authors. Fines up to $175/$500 (for subsequent violations). Fines double after accidents. (Easley)

SB 1386: Would ban text messaging by all drivers. Secondary enforcement. Fines of up to $175 and $200 (for subsequent violations) (Garrison)

SB 1906: Would outlaw use of “portable electronic devices” while driving, including cell phones and text messaging devices. Fine up to $150. (Johnson)

Note: All legislation can be accessed via the Oklahoma Legislature bill tracker.

2010 legislation notes:
Gov. Brad Henry banned all state employees from text messaging while operating government vehicles. At a Capitol ceremony on Jan. 19, he urged the Oklahoma Legislature to take action on distracted driving, calling texting and driving “a recipe for absolute disaster.”

With HB 3250, Rep. Sue Tibbs, R-Tulsa, reintroduced her 2009 plan to ban text messaging while behind the wheel, adding use of handheld cell phones.

Rep. Randy McDaniel, R-Oklahoma City, said he plans to introduce a bill that would require schools to teach young drivers about the dangers of text messaging behind the wheel.

2009 legislation:
HB 1782: Would have prohibited the use of cell phones by drivers unless a hands-free device was employed. OK’d in committee, sent to the House floor but never heard in the 2009 session.

HB 1526: Would outlaw text messaging while driving, but citations would not be issued unless an accident has occurred.

2009 legislation notes:
Rep. Sue Tibbs said of her stalled hands-free legislation: “(HB 1782) was heard in committee. It did pass committee, then assigned to the floor. This bill did not get heard. I didn’t get an explanation why it wasn’t given a hearing.”

She says of texting while driving: “Young people just think they’re invincible. … I just don’t think people realize how dangerous that is.” The bill called for text messaging while driving fines starting at $200 and capping out at $500.

HB 1526 includes possible jail time of up to one year and a fine of up to $1,000. The sponsor is Rep. Guy Liebmann, R-Oklahoma City.

Oklahoma City’s Metro Transit has a new policy for bus drivers: Text and be fired immediately. The first use of a cell phone brings a suspension, the second results in termination.

Previous legislation:
HB 2964, from Rep. Danny Morgan (2008), would have banned cell phoning and texting by teenage drivers.

HB 2932 (2008): Would have prohibited school bus drivers from using cell phones.

SB 176 and HB 2213 (identical, 2008): Would have prohibited use of cell phones without hands-free devices.

HB 2597 (2008): Rep. Paul Wesselhoft, R-Moore, sponsored the “Brittanie Montgomery Act,” named for a cheerleader who died while driving and texting.

“If you’re 15 and a half years old, you’re just learning how to drive, that ought to take 100 percent of your energy and attention,” says text messaging bill sponsor Rep. Paul Wesselhoft. “A 15-year-old learning how to drive has no business being on a cell phone.”