Virginia: Cell phone laws, legislation

Cell phone, text messaging news: All distracted driving legislation before the 2010 General Assembly session failed to become law. Several sought to upgrade the current text messaging law to “primary enforcement” status, meaning law officers need no other reason to halt and cite drivers. Several bills planned to add a ban on handheld cell phones to the texting law, enacted last summer.

Virginia’s 2011 legislative session begins Jan. 11.

Current prohibitions:
All drivers are banned from text messaging.

Drivers under the age of 18 are prohibited from using cell phones or text messaging.

School bus drivers are prohibited from using cell phones or text messaging

2010 legislation (dead)
Virginia Senate Bill 517: Adds use of handheld cell phones to existing texting law and upgrades enforcement to primary status. Fines from $100 to $200. Approved by the Senate on Feb. 2 but tabled by the House subcommittee on Militia, Police and Public Safety on Feb. 24. Bill dead for the year. (Norment)

Virginia House Bill 22: Would outlaw the use of any handheld personal communications device while operating a motor vehicle, bicycle, moped, etc. Fines from $20-$50. This legislation would make text messaging and related activities a primary offense, meaning law officers could pull over a driver for that reason alone (current law calls for secondary enforcement). Assigned to public safety committee, where it was “left on the table” as of Feb. 16. (Howell)

HB 58: Would add use of handheld cell phones to current law prohibiting text message. Drivers would be prohibited from using mobile phones unless a hands-free device is employed. Fines from $20-$50. Secondary enforcement. Assigned to public safety committee, where it was “left on the table” as of Feb. 16. (Dance)

HB 212: Would remove current text messaging law from secondary enforcement status. Assigned to public safety committee, where it was “left on the table” as of Feb. 16. (Bulova)

HB 221: Would make drivers using handheld cell phones guilty of careless driving if they commit another offense at the time. “Left on the table” in public safety committee on Feb. 16. (Watts)

HB 783: Would extend current text messaging law to include use of handheld cell phones. Retains secondary enforcement. If accident results, violation would be a Class 3 misdemeanor. “Left on the table” in public safety committee on Feb. 16. (LeMunyon)

Virginia Senate Bill 10: Would extend current sanctions on drivers’ use of wireless devices to include handheld cell phones. Secondary enforcement would remain. Incorporated into SB 517 (above). (Blevins)

SB 574: Would extend ban on on drivers’ use of wireless devices to include handheld cell phones. Retains secondary enforcement. Incorporated into SB 517 (above). (Ticer)

Virginia cell phone, texting legislation notes:
The House Committee on Militia, Police and Public Safety effectively killed all distracted driving legislation proposed for the 2010 session. The transportation committee spent most of its time on license plate issues.

Del. David Bulova, D-Fairfax, who introduced HB 212, says this about distracted driving enforcement: “It really does send mixed signals about whether we’re serious about enforcing this if you make it a secondary offense.” The current text messaging law “does hamstring our police officers.”

HB 58, SB 10 and a few other bills are identical. They change the wording in the current law from “handheld communications device” to “wireless telecommunications device,” basically adding cell phones to the texting law. Both would continue the secondary enforcement status of the law, meaning police could not stop or arrest motorists unless another violation was suspected.

2009 legislation:

HB 1876: Prohibits text messaging while operating a motor vehicle. Took effect July 1. Approved by the House and Senate and signed into law by Gov. Tim Kaine on March 30.

SB 1227: Would ban drivers with provisional licenses from talking or texting on cell phones, regardless of whether a hands-free device is employed. Makes violations a primary offense. Tabled by a House subcommitee on Feb. 19 after being approved by the full Senate on Feb. 9.

SB 874 — Would require that drivers use hands-free accessories when making cell phone calls. Passed by the Senate Transportation Committee on Jan. 22, 2009, in amended form, but then defeated in the Courts of Justice on a tight vote. Incorporated SB 996.

HB 1615 — Delegate Algie Howell, D-Norfolk, has prefiled legislation to the 2009 General Assembly that would ban text messaging while driving. The ban would extend to bicycles and mopeds. Incorporated into HB 1876, above.

HB 1659 — Would prohibit use of wireless telecommunications devices while operating a motor vehicle, including bicycles and mopeds, whether handheld or not. Also from Howell. Died in committee on Feb. 10.

HB 1955: Would outlaw motorists’ use of handheld phones. Tabled in committee.

HB 1769: Drivers would be banned from using cell phones unless a hands-free device is employed. Tabled in committee.

Pre-2010 Virginia cell phone, texting legislation notes:
Delegate John Cosgrove, R-Chesapeake, is the author of the text messaging legislation HB 1876. Fines for those who drive and text will be $20 and then $50 for subsequent offenses. It assumes negligence on the part of violators if an accident occurs.

A spokesman for AAA told the Examiner that the secondary status of the new texting law — meaning police would have to have another, primary reason for pulling over drivers — makes it “tantamount to telling people you can do it.” Still, he called it a “moral victory.”

Sen. Patricia Ticer, D-Alexandria, saw her cell phone legislation clear committee on a 9-6 vote before losing in the Courts of Justice on a 7-6 vote. Ticer’s bill was combined with SB 966 from Sen. Harry B. Blevins, R-Chesapeake.

Delegate Bobby Mathieson, D-Virginia Beach, a veteran of the cell phone wars, saw his HB 1955 die in committee on Feb. 10, 2009. His past efforts included HB 904.

The 2009 Regular Session convened Jan. 14, 2009. The short session ends the next month.

The younger-driver prohibitions went into effect in 2007. The prohibitions on school bus drivers became effective July 1, 2008.

“I believe this is a common-sense restriction on those new drivers who may be tempted to pay more attention to phone calls and text messages than the road, endangering themselves and other drivers,” Gov. Tim Kaine said of the 2007 law.

Virginia’s school bus cell phone/ texting law results in a primary offense; the teen driver law is a secondary offense.

The local AAA backed the 2007 legislation; some conservatives opposed the teen driving plan, saying parents should make the rules for their kids.

Wyoming: Cell phone laws, legislation

Distracted driving update: A law that outlaws text messaging for all drivers in Wyoming goes into effect in July 2010. Gov. Dave Freudenthal signed the texting ban into law on March 11. Wyoming became the 20th state to ban use of handheld text messaging devices while driving.

Current prohibitions:
None

2010 cell phone/texting legislation:
SF 20: Bans text messaging devices by all drivers on Wyoming’s roads and highways. Primary enforcement with a fine of $75. Backed by the House transportation committee on Feb. 8. Preliminary approval by full Senate on a voice vote, Feb. 10. Approved by the House on March 3 (third reading). Sent to governor Gov. Dave Freudenthal, who signed it a week later. The ban on driving and texting goes into effect on July 1. (Esquibel)

2010 legislative notes:
An effort to water down the (now approved) text messaging bill SF 20 was defeated in the House on March 2, in a 24-30 vote. Rep. Roy Cohee, R-Casper, said the amendment that would have limited enforcement to secondary status — meaning police would need another reason to stop violators — was an attempt to gut the bill.

SF 20 sponsor state Sen. Floyd Esquibel, D-Cheyenne, said that while his newly minted law banning text messaging does apply to all drivers, it is aimed at the generation hooked on texting. The new law is “primarily for an age group that is already at high risk simply because of age,” he said after the measure was approved.

Rep. Debbie Hammons, D-Worland, sponsored the successful text messaging legislation in the House. She told the Casper Star-Tribune that passage of SF 20 won’t translate into a handheld cell phone ban: “I think they’ve never been able to get anywhere with a cell phone ban.”

The City of Green River’s ban on text messaging and using handheld cell phones is expected to take effect in March 2010. Fines will be $65 for the first violation, then $210. The measure passed a second reading on Feb. 2.

2009 cell/texting legislation:
SF 63 would ban the use of text messaging devices for drivers.

SF 64 would prohibit drivers’ use of cell phones unless a hands-free accessory is employed. Also would ban use of the cell phone for text messaging. Exemption for CB radios. (Legislation removed from active status.)

SF 65 would restrict holders of learners/restricted driver’s licenses from using cell phones without a hands-free device. Includes use of the cell phone for texting. (Legislation removed from active status, “indefinitely postponed.”)

HB 256 would outlaw use of cell phones while driving unless a hands-free accessory or dial-free “push to talk” feature is employed. Also would prohibit use of the cell phone for text messaging. (Legislation removed from active status.)

2009 legislative notes:

SF 63 and SF 65 were approved in the Transportation and Highways committee on Jan. 23.

The transportation committee chairman, Sen. Michael Von Flatern, R-Gillette, said SF 64 was not ready for consideration.

All three Senate bills were authored by Sen. Floyd Esquibel, D-Laramie. (Note: SF stands for Senate file.)

HB 256 was sponsored by Rep. Del McOmie, R-Fremont, a previous member of the transportation committee.

Cell phone safety: Bet you didn’t know …

Cell phone safety would seem largely a matter of common sense. Pay attention, watch the road and you’ll arrive safely.

But researchers who have been studying cell phone-related accidents since the 1990s say there are some surprising ways in which wireless phones endanger drivers, passengers and pedestrians.

For example, the simple act of talking on a cell phone actually decreases the quality of visual information received and processed by the brain. Talk more and you see less!

State legislators are increasingly mandating hands-free cell phone use for drivers. Hands-free devices such as Bluetooth headphones can prevent accidents and save lives, but motorists need to be aware of how these hands-free accessories change the dynamics of driving and talking.

Handsfreeinfo.com, the distracted driving web site, has rounded up some key cell phone safety tips provided by traffic researchers and public safety groups. Here are 15 of the best:

Keep calls short: Drivers increasingly lose focus during lengthy cell phone calls, research shows. If you must use the mobile and the conversation lasts more than 5 minutes, hang up and call back once you’ve parked.

Get to know your phone: Fumbling through a cell phone’s menus while on the road can be extremely dangerous. Practice speed-dialing, redialing and routing calls to voice mail.

Compensate: Some studies equate cell phone driving with drunken driving. Others cite “instant aging” — that a 20-year-old’s reaction times are reduced to those of a 70-year-old’s. A University of Utah study found that when 18- to 25-year-olds were placed in a driving simulator and talked on a cellular phone, they reacted to brake lights from a car in front of them as slowly as 65- to 74-year-olds who were not using a cell phone. These are controversial findings, but everyone agrees that cell phone use impairs driving ability. Be aware that you’re not operating the motor vehicle at 100% of your ability. Compensate with extra caution.

Don’t look at caller ID: Most cell phones can be programmed to provide different ring tones for the people in your directory, such as family and friends.

Two things at a time: Many accidents are caused when cell-phoning drivers attempt to do other things — plugging in a power chord, fumbling for a pen, reading directions. Don’t compound the cell phone safety challenges.

Dial while stopped: If you must dial when the vehicle is in motion, hold the phone level with the windshield. Shift your eyes back and forth from the road to the cell phone. The National Highway Traffic Safety Administration says phone equipped with hands-free headsets and voice-activated dialing systems usually require more time to dial, increasing distractions.

Get an assist: Ask passengers to use their own mobile phones or to do the dialing on yours. Teach older children how to operate your cell phone and your GPS and navigation devices, if possible.

You’ve got voice mail: If a call comes in while you’re in an intersection, entering a freeway or engaged in similar activities, let voice mail answer the cell phone.

Curb your enthusiasm: Numerous studies link the emotional content of a conversation with the level of danger while driving. This also applies to complicated, frustrating or exciting topics. If you’re upset or confused, hang up or pull over in a safe spot.

That’s a stretch: Make sure the cell phone and any accessories such as a hands-free headset are close by while driving.

Just say no: Tom Magliozzi of the popular “Car Talk” radio show says, “For non-emergencies like saying hi — checking in — or making calls you could just as easily make from your home, your office or a parking lot — take our advice and drive now, talk later.” Studies suggest that cell phone users use 60% of their airtime while driving.

Now hear this: Wireless phones often switch from one transmitter station to another during a drive. This leads to varying levels of audio quality. If reception is poor, compensate for the distraction — or better yet, hang up and call back once parked.

Watch out: Researchers in Tokyo found that when attention is focused on listening, vision is affected. The brain can’t give full attention to the visual demands of driving and the audio demands of listening at the same time. Focus on watching the road.

Watch your speed: The Swedish National Road Administration reports that drivers wearing hands-free headsets drive faster than drivers who are holding cell phones. It’s also easy for your speed to creep up while you’re dialing.

Dial in shifts: If you must enter a phone number while driving, don’t do it all at once. Dial a few numbers, return your attention to the road, and then dial the other numbers.

The message: Most of the above applies to text messaging, an even more dangerous activity that’s outlawed for drivers in more than half of the U.S. states. It’s not just kids who are all thumbs: The portability of office-related data has made adults dedicated multitaskers (diverted drivers), text-messaging commuters trying to get a jump on the day’s tasks.

Idaho: Cell phone laws, legislation

Cell phone, text messaging news: The House and Senate teamed up to approve a ban on text messaging while driving, but the one final vote was blocked by an opponent on the last night of the 2010 legislative session.

State Rep. Marv Hagedorn is among those drafting distracted driving bills for the 2011 session.

Twin Falls became Idaho’s first city to ban text messaging while driving, with the distracted driving law taking effect Oct. 1, 2010.

Current prohibitions: None.

2010 legislation (dead)
Senate Bill 1352: Seeks to ban text-messaging activities by drivers, which it terms “inattentive driving.” Fines up to $300 and/or 90 days in jail. Approved by the Senate on March 10 and sent to the House, where it was bypassed March 26 in favor of HB 729 (below). (McGee/Senate Transportation Committee)

House Bill 729: Bans text messaging for all drivers in Idaho. Fines: $40 plus court costs for first offense; after that, $100 plus costs and points against license. Allows prosecutors to subpoena cell phone records for convictions. The House agreed with the Senate’s amendments on the last night of the legislative session. An opponent prevented a final vote by objecting to a routine rules suspension. This effectively killed the texting measure as time ran out. (Kren)

SB 1264: Would outlaw use of handheld cell phones on Idaho’s roads and highways. Provides for use of hands-free devices such as Bluetooth headphones. $75 fine. (Bock)

SB 1259: Would outlaw use of cell phones and text messaging devices in school zones when children are present. Fines of at least $75 for first offenses and $150 thereafter. (Bilyeu)

Legislation notes:
Rep. Marv Hagedorn, R-Meridian, reportedly is drafting a distracted driving bill for the 2011 session that would create a new category of offenses defined as “negligent driving.” The legislation will call for secondary enforcement, meaning police would need another reason to stop and cite violators, such as weaving or speeding. The law would cover various distracted driving behaviors, including texting, eating and reading, according to local reports. Hagedorn is one of the Legislature’s most conservative members.

Twin Falls’ ban on text messaging while driving goes into effect Oct. 1. The 4-2 City Council vote of Aug. 9 establishes a $50 fine for the distracted driving practice. Councilman Greg Lanting led the push for the ban, which will receive primary enforcement. Lanting said of concerns that police would be confused by drivers entering cell phone numbers on keyboards: “Officers have to make judgment calls and courts have to make decisions based on judgment calls all the time, so that’s the approach we’re taking,” said Lanting.

Rep. Raul Labrador, R-Eagle, killed efforts to push through the House texting ban on March 30, the final day of the 2010 session. The Idaho Mountain Express described the events like so: The Senate amended the bill earlier in the evening, the House then approved those changes, but Labrador objected to a routine rules suspension that would have allowed an immediate and final vote. A two-thirds majority was needed to override the objection, but that effort fell 10 votes short. Labrador is running for Congress.

Rep. Hagedorn noted in debate over the House’s text-messaging ban: “We are going to have to deal with this from this point on for years. “This is not something that is going to go away.”

Sen. John McGee, chairman of the Transportation Committee, has crafted legislation that would add text messaging to the state’s inattentive driving prohibitions. “We’re adjusting the current law to reflect the year 2010 problem of text messaging while driving,” he told the Idaho Reporter.

For 2010, Sen. Les Bock, D-Boise, brought back his two-pack of bills that would outlaw text messaging for Idaho drivers and restrict cell phone use to units that employ a hands-free device. He believes the bills will have better prospects following the noisy national debate over distracted driving and portable electronic devices. So far, he’s filed SB 1264 (above).

“Public awareness of the dangers of texting while driving has increased exponentially this summer,” Bock said in a state Democratic Party statement on distracted driving. “We now know that the longer we wait to act, the more lives will be lost. … This issue was a bit under the radar when we brought it up last winter. But clearly, the time has come to enact legislation that will help drivers realize that it’s neither safe nor smart to text while driving.”

The press release from the Idaho Democratic Legislative Caucus billed the push as bipartisan and listed a co-sponsor for Bock’s bills as JoAn Wood, the GOP chairman of Idaho’s House Transportation Committee. Past support has come only from the Democratic side of the aisle. Other backers include Assistant Senate Minority Leader Elliot Werk and House Democrats Liz Chavez, Elfreda Higgins and Anne Pasley-Stuart.

Sandpoint’s mayor on Dec. 31 vetoed legislation that would have outlawed text messaging while driving in city limits. An attempt to override the veto failed on Jan. 20, 2010. Earlier, Sandpoint’s City Council rejected a proposed ordinance that would have banned drivers’ use of handheld cell phones and text messaging behind the wheel. The Dec. 16, 2009, vote was 3-3, with the mayor breaking the tie. The plan was revived as a texting-only ordinance, but Mayor Gretchen Hellar wielded her veto power. The mayor did ban use of cell phones by Sandpoint employees driving city cars.

Canyon County is using Idaho’s law against “inattentive driving” to crack down on people who text message while driving. The request came from Canyon County Prosecutor John Bujak on Sept. 22, 2010. While Idaho considers putting a texting law on the books, “In the meantime we can take some action,” Bukak told the Idaho Press.

Coeur d’Alene decided in April to hold off on a texting ban, hoping that the state will take action in 2011. If not, a local ordinance is needed, City Councilman John Bruning said.

Idaho Falls has debated an ordinance targeting drivers distracted by cell phones and text messaging.

2009 legislation (failed):
Senate Bill 1030: Would have prohibited the use of cell phones with a hands-free accessory.

SB 1031: Would have banned text messaging while operating a motor vehicle.

No bills regarding cell phone use were submitted for the 2008 legislative session.

Editorials and opinion

“Being able to stop drivers for texting alone would discourage the practice and save lives, just like DUI laws can keep drunk drivers off the road. Obviously, people will continue to send texts and drive just like some continue to get behind the wheel after too many drinks, but a text ban would give officers an avenue to potentially prevent a tragedy.” — Idaho Press Tribune, Sept. 27, 2009

Nevada: Cell phone laws, legislation

Cell, texting news: The 76th regular session of the Nevada Legislature begins Feb. 7, 2010. There was no session in 2010.

Current prohibitions:
None.

2009 legislation:
SB 136: Would prohibit text messaging while driving on Nevada’s roads. OK’d by the full Senate vote on April 8, 2009, but died in committee in the Assembly. The wording was resurrected in the Senate on the final day of the legislative session and folded into an unrelated motorcycle bill, SB 309.

Legislation notes:
Distracted driving has been cited as the No. 1 cause of fatal traffic accidents in Nevada.

New state Sen. Shirley Breeden, D-Henderson, authored the 2009 texting bill. “I’m not going to give up the fight,” she said after SB 136 was smothered by an Assembly committee.

The text messaging legislation received strong support from law officers in an Assembly hearing on April 23. The fine would be $75 but no points.

“This legislation is not just for children,” she said. “It is for all of us.” Numerous states are banning texting and cell phoning for teenage drivers, and opposition has emerged to the bills because they do not cover adults. Young drivers complain that they are being singled out. Teenagers, by far, are the largest consumers of text messaging services.

The Nevada Senate’s Energy, Infrastructure and Transportation Committee amended and approved the anti-texting and driving bill SB 136 on March 27, 2009.

Breeden’s bill was first considered in the Senate Energy, Infrastructure and Transportation Committee on Feb. 18. The usual enforcement questions were raised. Committee chairman Sen. Mike Schneider, D-Las Vegas, said: “If California can pass (a texting bill) with 36 or 37 million people over there, somehow their law enforcement is working with this new law, so you know, we need to make the same statement.”

A spokesman for the state Office of Traffic Safety said it may not take a position on Breeden’s plan to outlaw text messaging by drivers, or on similar legislation to prohibit the use of cell phones not connected to hands-free devices.

The 2007 legislative session saw only one bill regarding drivers and cell phones: a plan to ban drivers under 18 from using the wireless devices.

Nevada’s regular legislative session began Feb. 2, 2009, and ended June 1.

Sen. Dennis Nolan, R-Las Vegas, the chairman of the Senate Transportation Committee, said of cell phone driving legislation: “Knowing our Legislature, it will have a tough time. Nevadans are independent and like their liberties.”

In 2003 Nevada prohibited local governments from regulating cell phones in automobiles.

Pennsylvania: Cell phone laws, legislation

Pennsylvania cell phone/texting news: The House and Senate have split on a plan to prohibit handheld cell phone use and text messaging by young drivers.

The House, which approved the plan, voted July 1 to reject the Senate’s amendments, which include a downgrade to “secondary” enforcement. The governor indicated he would sign the bill if it survives the legislative process.

Philadelphia, Harrisburg, Wilkes-Barre, Erie and Allentown have banned cell phone use by drivers unless a hands-free attachment is in use.

Current prohibitions:

• No statewide limits on cell phone use. Some local ordinances address cell phones and driving.
• Driving while using a handheld cell phone and text messaging banned in Philadelphia and Harrisburg.

Active legislation (2010):
HB 67: Would prohibit drivers with provisional licenses from cell phoning or text messaging. Fine of $100. HB 67 is a wider teen safety measure that was approved by House on April 27, 2009, and sent to the Senate, which passed a watered-down version. In 2010, it cleared the Senate appropriations committee March 22. An overall distracted driving prohibition was removed from the bill. Amended in the Senate on May 24 to downgrade cell phone and text messaging enforcement to “secondary.” Approved by the Senate on May 24 in a 44-3 vote. Latest action: The House rejected the Senate’s amendments on July 1, with 71 representatives in favor of those changes but 126 opposed. Bill possibly goes to a compromise committee. (Markosek)

HB 2070: Would prohibit all drivers from use of handheld cell phones and text messaging while on Pennsylvania roads. Cell phone use OK if a hands-free accessory is employed. In addition, would outlaw use of handheld cell phones by drivers under 18. Primary enforcement. Fines of $50, doubled in school and construction zones. Approved by the House Transportation Committee on Nov. 10, 2009, and then by the full Pennsylvania House on Jan. 26, 2010. In the Senate. (Markosek)

Senate Bill 1188: Would outlaw drivers’ use of handheld cell phones and texting devices. Also seeks to ban all wireless communication device use by drivers under 18. Fines of $50, doubled in school and construction zones. (Williams)

List of other 2009-2010 legislation below.

2010 legislation notes:
HB 67 sponsor Rep. Joe Markosek, D-Allegheny, is dismayed by the Senate amendments to the cell phone and texting bans for young drivers. He said July 1 that the Senate has “watered this bill down to where, unfortunately, I don’t think it’s worth us having it pass and become the law of the land.”

“My legislation would allow law enforcement to be proactive and stop these drivers before an accident occurs,” Markosek told the Pottstown Mercury on May 25. “Unfortunately, the Senate saw fit to amend it so nothing can be done until after the fact.”

Sen. John C. Rafferty Jr., chairman of the Senate Transportation Committee, opposed the amendments to HB 67 but voted for the bill in hopes that the House would remove the secondary enforcement limitations. He blamed “colleagues from southeastern Pennsylvania” for voting for the amendment.

The York Dispatch editorialized that the state Senate’s move was an “unforgivable dismantling of a House bill intended to protect young drivers and those who share the road with them.” The paper pointed to Sen. John Wozniak, D-Johnstown, originator of the amendment. The Senate “ought to be ashamed of itself,” the Dispatch concluded.

Markosek and Rep. Josh Shapiro, D-Montgomery, are the principals behind HB 2070, which passed the full House on Jan. 26. In addition to the ban on handheld devices and the total restriction on wireless communications devices by younger drivers, it calls for a statewide education campaign on distracted driving and an annual report on accidents caused by text messaging and cell phoning while behind the wheel.

“This legislation is proof that the Legislature does listen to the public outcry,” Markosek said after the House voted 189-6 in favor of his bill. He added: “We are all one text from eternity.”

Markosek said April 13 that he expected passage of HBs 2070 and 67 “very soon.”

The Philadelphia Inquirer editorialized in favor of HB 67 on Jan. 3, 2010: “While Harrisburg considers whether a cell phone ban or a passenger restriction is fair to kids, our teens are dying on the roads in predictable, preventable patterns.”

Rep. Markosek is the head of the House Transportation Committee, who in 2008 spearheaded HB 67 and an overall distracted-driving bill. He said HB 2070 was a compromise, put together by a study panel.

Wilkes-Barre moved aggressively to enact a city ban on drivers’ handheld cell phone use and text messaging. The law goes into effect April 18, 2010, with $75 fines that won’t apply until the city’s warning period expires July 1. Texting and cell phoning while driving will be primary offenses.

Allentown’s ban on driving while using handheld cell phones was approved March 3. Fines of $150 to $300. Enforcement is set for April 19. Primary enforcement. Includes skateboarders, inline skaters and bicyclists. The law was inspired by a fatal crash, blamed on a cell-phoning teen, in which two parents died and their daughter almost lost her life.

Philadelphia police say they’ve stopped an average of 50 drivers a day for violating the city’s texting while driving law. Almost 2,500 citations were handed out in December 2009 and January 2010, the Philadelphia Inquirer reported.

The City of Harrisburg has taken action on distracted driving, with a ban on use of interactive wireless communication devices that went into effect March 1. $100 fine (first offense), then up to $1,000.

2009-2010 session legislation
HB 1375: Would prohibit use of wireless communication devices while driving on Pennsylvania roads and highways. (DePasquale)

SB 143: Would outlaw texting while driving in Pennslvania. Covers sending, reading or writing text messages. Approved by the Senate in a 44-3 vote and sent to the House on July 9, 2009. Makes texting a secondary offense with a maximum $100 fine.

SB 950: Would prohibit text messaging by all drivers in Pennsylvania.

HB 538: Would prohibit handheld cell phone use by drivers (hands-free device OK) and text messaging while driving. Would outlaw use of “wireless interactive devices” by drivers with restricted licenses.

HB 307: Would prohibit use of cellular phones by school bus drivers.

HB 502: Would create an offense for distracted driving. Includes electronic devices, cell phones, grooming aides, books.

HB 305: Would prohibit text messaging while operating a motor vehicle in Pennsylvania.

SB 459: Would outlaw use of handheld cell phones and other wireless devices while operating motor vehicles. Hands-free OK.

Previous legislation notes:
An amendment to HB 67 that would have made banned use of handheld phones for all drivers was narrowly defeated in the Pennsylvania House on April 23. HB 67 would prohibit drivers with provisional licenses from cell phoning or text messaging while imposing other limits on teenage drivers.

The Philadelphia Inquirer pointed out July 31 that the Pennsylvania Senate plan to outlaw texting “would make Philadelphia’s roads less safe by upending the city’s ban on handheld phones and texting.” Senate Bill 143 makes texting a secondary offense, meaning law officers would not pull over motorists for that reason alone.

The cell phone amendment was offered by Rep. Josh Shapiro, D-Abington Township, author of HB 538 and previous cell phone-driving bills. The House did add a distracted driving amendment to HB 67.

Rep. Shapiro rounded up 73 co-sponsors for his third try on a cell phone bill HB 538 that would prohibit driving and talking without the use of a hands-free device.

On Shapiro’s first try at restricting cell phone use by Pennsylvania drivers, in 2005-006, the bill had 31 co-sponsors. In 2007-08, it had 46 co-sponsors.

Shapiro, interviewed on the cell phone legislation by the Morning Call, said: “As the seatbelt law demonstrated, a law on the books is the best deterrent to a dangerous behavior. The goal of my legislation is not to be punitive, but to end this dangerous behavior.”

Crash survivor Jacy Good has been lobbying for the cell phone driving legislation (HB 538). She lost both parents in the wreck, caused by a teenage driver on a cell phone. “I will not stop until this bill becomes law,” Good told a news conference March 11. She received a shattered pelvis and a brain injury in the cell phone-related crash.

Rep. Kate Harper, R-61st District, fears her HB 67 won’t survive its trip through the Pennsylvania General Assembly: “Too many of the members like their electronic gadgets,” Harper told The Reporter. “The thinking is, ‘If we ban teens from using certain devices when they drive, maybe we’ll ban other people from using them.’”

Rep. Eugene DePasquale, D-York, is an advocate for cell phone and text messaging legislation in Pennsylvania. “I do believe we’re going to make some progress on driver safety (in the 2009 session),” DePasquale told the Evening Sun.

Both Shapiro and DePasquale introduced similar bills in 2008.

Rep. Markosek in 2008 sponsored HB 2674 seeking restrictions on teen drivers, including a ban on text messaging.

Confusion reigned in fall 2007 as an email and forum post circulated that said HB 1827 had been enacted. Apparently the poster was confused by language in the bill, which remains in the transportation committee.

Shifting sentiment: “Efforts to outlaw hand-held cell phones in Pennsylvania have failed for years, but it appears the tide is turning, now that Democrats control the House,” Paul Carpenter of the Morning Call wrote.

The former opponent of cell phone limits on drivers now says: “I could not help but notice the increasingly atrocious driving associated with cell phones. … If a driver is smoking and holding a cell phone at the same time, I’d rather have Stevie Wonder at the wheel.”

City and country ordinances:
The Erie City Council unanimously approved a local law that bans texting and the use of handheld cell phones by drivers and bicycle riders. The Dec. 3, 2009, vote called for secondary enforcement, meaning police will need another reason to pull over drivers who are cell-phoning. Fines would be $150 to $300 ($75 if paid in 10 days).

Millcreek Township voted Dec 1, 2009, to endorse statewide action on handheld cell phones and text messaging devices, at the request of state legislators.

Philadephia’s new prohibitions on handheld cell phones extend to bicyclists, motorcyclists, skaters and skateboarders. Fines for operating a vehicle while using handheld phones or text messaging begin at $150 ($75 if paid in 10 days) and top out at $300. Mayor Mike Nutter signed off on the law on April 30, despite threats from state legislators. The law went into effect Nov. 1.

City Councilman Bill Green, the Philadelphia ban’s author, says that “lobbyists for the cell-phone industry are pushing Pennsylvania’s General Assembly to undo these protections.”

Lower Chichester has banned texting while driving. The community already restricts the use of handheld cell phones by motorists. “Text messaging now supersedes drugs and alcohol for causing the most accidents in the United States,” said township Commissioners President Rocco Gaspari Jr. “Something needs to be done and I won’t wait for someone in Harrisburg to get off their butt to tell everyone across the commonwealth that text messaging is dangerous.” Prohibitions include gaming and Internet surfing. Fines will be $75 plus court costs. The vote came on Aug. 17, 2009.

Hazelton is considering a ban on using handheld cell phones while driving. Includes text messaging. The fine would be $75. The legislation was tabled on April 7, 2009, and may be amended to a ban on texting only.

The Bethlehem City Council also is pondering a ban on cell phone use by drivers unless a hands-free device is employed. Fines would be $150 to $300.

Carbondale outlawed handheld cell phone use and texting by drivers in 2007.

2008 legislative session:
HB 1827: Would have prohibited drivers from using cell phones unless a hands-free device is engaged.

HB 2674: Would have prohibited drivers with permits and “junior” licenses from using “an interactive wireless communications device,” including cell phones and text-messaging devices. The bill unanimously passed the House Transportation Committee on Sept. 16, 2008.

SB 1097: Would have prohibited drivers from using cell phones unless a hands-free device is engaged. Also applies to text messaging devices. (SB 471 identical)

SB 1098: Would have prohibited use of cell phones and other communication devices by drivers under the age of 18.

SB 677: Would have prohibited school bus drivers from using cell phones while transporting children. Includes stops for children to board or exit the bus.

For 2007, state police reported 1,245 crashes related to cell phone use by motorists.

Utah: Cell phone laws, legislation

Cell phone/texting news: A text-messaging law went into effect in 2009, but various attempts to ban driving while using a handheld cell phone have been ignored or defeated. The latest failed bill, from 2010, would have banned teens from using cell phones while driving. Utah’s 2010 legislative session ended in March.

Current prohibitions

• Text messaging outlawed for all drivers.
• Utah has a law on the books against “careless driving” — which can be defined as committing a moving violation while distracted by use of a hand-held cellphone or similar activities. Using a cell phone can bring additional penalties as a secondary violation.

2010 legislation
HB 237: Would have prohibited teens under 18 years old from using a cell phone while driving on Utah roads and highways. Penalties included points against the driver’s license. Defeated. (Riesen)

SB 113 (and substitute): Would make the ban against teen drivers using cell phones a secondary offense with no points against license. (Romero) Also a substitute version from the House agreeing to these provisions (Riesen). This was the compromise version of the teen cell phone bill. Both defeated.

2010 distracted driving notes
Rep. Phil Riesen, D-Holladay, saw another of his attempts to ban cell phone use by drivers defeated. In 2009 the ban would have been for all drivers; in 2010 it was for teens under 18.

2009 legislation
Utah House Bill 290: Prohibits text messaging while driving. Approved in the House and Senate and sent to Gov. Jon Huntsman Jr., who signed it into law on March 25. Enforcement began July 1, 2009.

Utah Senate Bill 149 (sub): Would outlaw text messaging while operating a motor vehicle. Approved by the full Senate as a substitute bill and sent to the House Transportation Committee on Feb. 26, 2009. Filed as a defeated bill March 13.

HB 95, from Rep. Phil Riesen, would prohibit use of wireless devices while operating a motor vehicle. The bill includes text messaging and cell phones, and does not allow for use of hands-free devices. Bill dead for year.

HB 248: Would ban use of “wireless communication devices” while driving on Utah’s roads. Provides for use with hands-free devices. Includes text messaging and cites PDAs. “Bill substituted” on Feb. 20, creating exceptions for law enforcement, etc. Bill “held” (tabled) by House Law Enforcement and Criminal Justice Committee on Feb. 24 and filed as a defeated bill.

HB 281: Targets text messaging while driving. Would ban use of wireless communications devices while driving through reduced speed zones and parking lots, unless a hands-free device is utilized. Would prohibit drivers under 18 from using wireless devices while behind the wheel. Filed as a defeated bill March 13.

Utah cell phone legislation notes (through 2009)
Rep. Stephen Clark, R-Provo, sponsored the 2009 House plan to ban text messaging while driving. The vote in the Senate was 26-1. In the House it was 45-29.

Rep. Phil Riesen blamed the 2009 failure of his driving cell phone ban on retaliation for an unrelated ethics allegation he made against another lawmaker. He plans to try again in 2010.

Sen. Lyle Hillyard, R-Logan, saw his version of the texting ban SB 149 advance to the full Senate on Feb. 6, 2009, and then to the House after the Senate’s approval on Feb. 25. Penalties increase to possible jail time after two prior offenses. Texting and causing an accident would be considered a third-degree felony. Sen. Margaret Dayton, R-Orem, was the only senator to vote against Hillyard’s bill.

Hillyard told the Herald Journal that he didn’t include cell phones in his Utah texting bill because it would decrease the chances of passage: “(If) my bill is the only bill left because of the controversy about cell phones, I think my bill has a very good chance of passing.”

Rep. Carl Wimmer, R-Herriman, helped kill the hands-free bill HB 248, citing the careless driving offense on the books (above) and saying, “The bill would make no change in our law.”

Rep. Carol Spackman Moss, D-Holladay, defended her defeated HB 248: “You can make a big improvement in safety if people have both hands on the wheel.”

Earlier, Moss said, “It would at least be a first important step to get people to put both hands on the wheel again and not have a hand up to their ear.” She has been an advocate of such a law for several years.

Jeff Nigbur, spokesman for the state Department of Public Safety, said his group is watching all five Utah cell phone/texting bills, and “will focus on the one that gets close to passing.”

Rep. Phil Riesen’s cell phone driving bill HB 95 was endorsed by the Salt Lake Tribune on Jan. 28, 2009.

Rep. Paul Ray, R-Clinton, is preparing legislation for the 2009 session that would ban text messaging by drivers and outlaw cell phone use in certain school zones. “If we can restrict drinking and driving, we should certainly restrict anything else that causes potential harm and (texting while driving) is very high risk,” Ray told ABC4.com.

From the Salt Lake Tribune (Jan. 23):

Lawmakers in the past have resisted phone restrictions for cars, often citing a distaste for limiting personal liberties. It will be no different for some of them this year, and members of the Utah Transportation Commission who heard about the latest proposal at their meeting last month chuckled at its prospects. “Good luck with that,” Commissioner Glen Brown said after hearing the report.

The Utah lawmakers might want to check with their constituents. A Tribune poll of Utahns conducted in early January 2009 shows that 80% support limits on cell phone use by motorists. 15% were opposed to cell phone driving laws and 5% were undecided. (500 voters, margin of error 4.5%)

Utah assesses points against a drivers license for a cell-related conviction.

Arkansas: Cell phone laws, legislation

Cell, text messaging update: “Paul’s Law,” which would outlaw text messaging by drivers, went into effect Oct. 1, 2009. Also becoming law were cell phone limits on young drivers. “We hope and pray it’s going to save lives in Arkansas,” said Rep. Ray Kidd, who sponsored the texting legislation.

Fines for violations of the text messaging ban go up to $100. Violations of the cell phone rules for young drivers go up to $50.

Current prohibitions:
All drivers prohibited from text messaging.

Drivers under 18 may not use cell phones, regardless of whether a hands-free accessory is employed.

Drivers 18-20 must use hands-free attachments while talking on cell phones.

School bus operators prohibited from using cell phones while driving.

2010 legislation
Arkansas’ 88th General Assembly convenes in 2011. A budget-revenue session began in February 2010 but no distracted driving plans are up for consideration.

2009 legislation:
HB 1013, from Rep. Ray Kidd, D-Jonesboro, bans text messaging by all drivers. Approved by the Senate and House, and signed into law by the governor (as Act 181).

SB 28, from Sen. Kim Hendren, R-Gravette, bans drivers under 18 years old from using cell phones. Drivers 18-21 may use cell phones with hands-free devices. Passed by the Senate and the House, and signed into law by the Arkansas governor (as Act 247).

HB 1119, from Rep. Allen Kerr, R-Little Rock, would prohibit wireless telephone use by drivers under the age of 18. Under the proposed law, drivers 18 to 20 years old must use hands-free accessories when making calls and cannot engage in “interactive communication” via electronic devices (text messaging and typing). Sent to the governor’s office on Feb. 18. The teenage driving bill was approved in the House, the Senate Transportation Committee, the full Arkansas Senate and signed into law by the governor (as Act 197)

SB 31, also from Sen. Hendren, would require drivers to use hands-free accessories while using cell phones. (Does not include texting.) To the full Senate.

Cell phone, text messaging legislation notes:
The number of tickets written under the new texting while driving ban appears to be relatively small, according to Arkansas media reports. Fayetteville reports 13 tickets from October 2009 to February 2010.

Arkansas police say that in 2008, at least 787 auto crashes involved drivers using electronic devices.

Rep. Kidd’s text-messaging legislation HB 1013 originally included a cell phone ban, but he revised it to make passage more likely. “Some law is better than no law,” Kidd told House members. It has been approved and sent to the governor.

HB 1013 is dubbed “Paul’s Law.” Kidd filed it at the request of a young woman whose father was killed by a text-messaging driver. Violations would be considered primary offenses with fines of $100.

Rep. Kerr’s limits on wireless communications by drivers under 21 were approved by the the House Public Transportation Committee and sent to the Senate Committee on Transportation, Technology and Legislative Affairs on Jan. 28, 2009.

Sen. Hendren’s hands-free cellular device legislation (SB 31) and ban on cell phone use by teenage drivers (SB 28) also cleared the Senate Committee on Transportation, Technology and Legislative Affairs.

The 2009 biennial state legislative session began Jan. 12.

Two bills by state Sen. Kim Hendren failed in the 2007 Arkansas legislative session. They would have required hands-free devices and prohibited teenage drivers from using cell phones.

Hendren has filed hands-free bills dating back to 2001. He has said he knows a woman whose son was killed by a driver using a cell phone.

Arkansas State Police started tracking cell phone roles in accidents in 2007.

Indiana: Cell phone laws, legislation

Cell phone, texting update: Several bills that would outlaw texting while driving on Indiana roads failed to become law in 2010.

A ban on teenage drivers’ use of cell phones and texting devices went into effect in 2009. Indiana police reportedly have issued only three tickets under that law, as of August 2010.

Current prohibitions:
Drivers under the age of 18 may not use cell phones, text messaging devices or other wireless telecommunications devices.

2010 legislation (session over)
Indiana House Bill 1279: Would ban text messaging for all drivers on Indiana roads and highways. Texting via hands-free devices exempted. Fines up to $500. Cleared the Committee on Public Policy on Jan. 28, 2010, and was sent to the Senate, where several sponsors have signed on. (Pearson)

HB 1057: Would ban text messaging while driving in Indiana. (Moses)

HB 1060: Would prohibit text messaging and cell phone use by drivers over the age of 18, unless a hands-free accessory is employed. Fines $25 (first)/$50/$100. (Summers)

Indiana Senate Bill 18: Would ban all forms of text messaging while driving on state roads and highways. Offenses would be Class C infractions, similar to traffic tickets. (Holdman)

SB 111: Would make most texting while driving offenses a misdemeanor in Indiana. First offenders will be cited for a Class C misdemeanor, while a Class A misdemeanor applies if the violator has an unrelated offense within five years. If however, bodily harm or death results, texting while driving would be a felony. Provides that text messaging may constitute as a qualifying event for a habitual traffic violator determination, also bringing felonies into play. In Committee on Corrections, Criminal, and Civil Matters. (Lanane)

2010 cell phone, texting legislation notes
The Indiana Legislature has a “full session” planned for 2011, which increases the chances that distracted driving bills will become law. The 2010 session was short.

Only three tickets have been written under the teenage distracted driving law of 2009, according to the Courier-Journal. The newspaper calls for a broad ban on handheld cell phone use while driving, which would end the complication of police having to determine a driver’s age before pulling him or her over.

Rep. Joe Pearson, D-Hartford City, saw his HB 1279 approved unanimously (11-0) by the Committee on Public Policy on Jan. 28.

State Sen. Travis Holdman, R-Markle, has filed SB 18, which would prohibit all Indiana drivers from text messaging while behind the wheel. Holdman, whose distracted driving limits on teens went into effect July 1, said constituents and traffic safety experts urged him to prohibit state motorists from texting while driving. “As texting-type tasks continue to grow in popularity we have to use what resources are available to help reduce the amount of crashes and fatalities on our roads,” Holdman said in a statement announcing the Indiana text messaging legislation on Oct. 29.

Sen. Tim Lanane, D-Anderson, seeks strict penalties for texting while driving with his SB 111. “My bill likens it to drunk driving or something like it,” Lanane said. “If there is a harsher penalty, then maybe drivers will take the law more seriously.”

A New Albany plan to ban text messaging and handheld cell phone use is losing steam. City Councilman Steve Price is pushing for the distracted driving ordinance, but says he’ll go along with just a ban on texting. The city’s safety committee will meet on the issue at some point.

2009 legislation (dead):
SB 16 prohibits a driver under 18 from using a telecommunications device. Approved by the Senate and House, and returned to the Senate on April 15 for approval of House amendments. Signed into law May 7 and became effective July 1. (Holdman)

SB 80 would prohibit cell phone use for drivers under 18 unless a hands-free accessory is employed. (Kruse)

HB 1242 would prohibit motorists from using hand-held phones. Drivers with probationary licenses also prohibited from also using hands-free cell phone set-ups. (Summers)

HB 1699 would prohibit drivers under the age of 18 from using hand-held mobile phone. (Robertson)

Previous Indiana legislation notes:

The teenage driving limits legislation (SB 16) was approved by the House Roads and Transportation committee in a unanimous vote on April 1, 2009. Senate approval came Feb. 5. The House OK’d the cell phone-texting bill with amendments on April 15.

Rep. Vanessa Summers, D-Indianapolis, has filed cell phone-related bills such as 2009′s HB 1242 repeatedly, without success. She voted against SB 16 on April 15, telling fellow legislators: “Shame on you all for not doing something for yourself that you’re asking your children not to do” (banning cell phones for all drivers).

The debate over teen texting and driving understandably has been intensified after the March 21 death of Indiana college student Brittiany R. Phillips, 21, of Muncie. She had been sending and received text messages in the moments before she crashed into a tree.

Sen. Dennis Kruse, R-Auburn, hopes that once his teen driver legislation SB 80 has a hearing, it would be modified to include more rules and drivers. Kruse was inspired to author the bill after he lost control of his vehicle while on a cell phone, and ended up in a ditch. “Studies aren’t overly convincing that cell phone use is more distracting than drivers who put on makeup in the car or have dogs in the front seat with them or lean over to get something off the floor,” Kruse said. “But, there is definitely a distraction.” Kruse’s bill seeks primary enforcement status for the cell phone driving law.

Rep. Summers noted in the 2008 session: “In the seconds it takes you to dial a 10-digit number you can look up and be in the back of someone. Every year it amazes me you guys don’t get it.” “Several committee members expressed concern that there are no data to show this is a problem,” the Journal Gazette reported of the cell phone legislation.

South Bend has banned the use of cell phones in school districts. First offenses bring $75 fines, second, $125, and subsequent violations $250.

The South Bend Tribune said the city didn’t go far enough with the ban on cell phoning and driving in school zones: “In the end, will it really be safer with drivers strategizing how to get in the last word before they hit a school zone? Or making that follow-up call 30 seconds later?” It called for a citywide ban and, better, a statewide ban.

Monroe County has banned the sending of email and text messages while behind the wheel. The ordinance went into effect Jan. 1, 2009. A sheriff’s deputy died in a texting related accident in October 2008. Enforcement does not extend to Bloomington.

Background: A legislative study committee on Oct. 14 approved draft legislation that seeks more limits on teenage drivers, including a ban on cell phone use without a hands-free device. Sen. Tom Wyss, R-Fort Wayne, the bill’s sponsor and chairman of the Interim Study Committee on Learner’s Permits and Graduated Driver’s Licenses, will introduce the teen-driving legislation for the 2009 session. Sen. Travis Holdman, R-Markle, will push for that new legislation. Wyss proposed a similar bill in the 2008 session, but it was stripped of meaningful provisions before fizzling out. The study group also OK’d a separate plan to ban the use of cell phones and texting devices by bus drivers and others with public chauffeur licenses, the Indiana Star reported.

Oregon: Cell phone laws, legislation

Cell phone, texting news: Drivers in Oregon are not be allowed to text message and cell phone use will be limited to adult motorists using hands-free attachments. The law went into effect Jan. 1, 2009.

Current prohibitions:
Oregon has outlawed use of handheld cell phones in Oregon for all drivers. Cell phones with hands-free attachments are allowable only for those over 18 years of age. Text messaging banned for all drivers.

Drivers under the age of 18 with learner’s permits or intermediate licenses are prohibited from using cell phones or text messaging while driving. The ban applies to all cell phone use, regardless of whether a hands-free device is employed.

2009 legislation:
HB 2377: Would ban use of handheld cell phones in Oregon for all drivers. Hands-free devices OK only for those over 18 years of age. Text messaging banned for all drivers. Approved by the House on April 28, 2009, and by the Senate on June 23. Final came approval July 7-8. Oregon Gov. Ted Kulongoski signed the legislation in law on July 28. The restrictions took effect Jan. 1, 2010. The law calls for primary enforcement, meaning law officers may pull over motorists solely for texting and cell phone violations. Tickets will be $142.

HB 2038: Would prohibit use of cell phones unless a hands-free accessory is utilized. Violations could lead to suspension of driver’s license. (Same as HB 2377, but with a driver’s license suspension provision.) The House advanced HB 3037 instead.

Legislation notes:
Oregon state police are concerned that the new cell phone/texting law contains a loophole. Language inserted in the original bill allows for drivers’ cell phone use “in the scope of the person’s employment if operation of the motor vehicle is necessary for the person’s job.” The intent was to allow for business use by taxi, bus and delivery drivers.

Sponsor Rep. Carolyn Tomei, D-Milwaukie, is the sponsor of the successful cell phone/texting measure HB 2377 (and 2038). The new cell phone and texting law calls for primary enforcement and fines of $90. CB radios are exempted, pleasing truckers.

Just before the 2009 session began, Sen. Alan Bates, D-Ashland, told a town hall meeting that he’s not going to “cram (a ban on cell phone use while driving) down people’s throats.” Rep. Sal Esquivel, R-Medford, said that driving while using a cell phone or text messaging “is the equivalent of drunk driving.”

Oregon has a “vague” law against careless driving.

Oregon State Police report that no tickets have been written for violations of the teen cell phone law that went into effect in January 2008. The Associated Press reported: “The chances that a teenager will be cited for talking on a cell phone while driving are pretty much zero in Oregon.” Police in Portland say they’ve issued two tickets.

The law concerning cell-phone and text-messaging limits on young drivers was approved during the 2007 session. The Associated Press reported in early 2009 that “the chances that a teenager will be cited … are pretty much zero in Oregon.” In Portland, apparently no citations had been written at all. The cell phone law lists violations as “secondary,” meaning police have to pull over young drivers for another offense before citing them.

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