The Militia, Police and Public Safety Committee wasted no time in shooting down all of the distracted driving bills filed in the House for 2012. A subcommittee decided Jan. 26 not to report the handful of bills, meaning they most likely are done for the year.

The House Militia, Police and Public Safety Committee has been a burial ground for distracted driving legislation during the past three sessions.

At least 10 distracted driving measures were filed for the 2012 legislative session. Three seek to prohibit use of handheld cell phones and five would give primary enforcement status to the text messaging law. One unusual bill includes a ban on personal grooming and reaching for objects not within an arm’s distance. Another would create a blanket offense of doing something other than driving safely.

Current prohibitions:

• All drivers are banned from text messaging. $20 fine (first offense) then $50.
• 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

Read the laws: Texting and driving | teen drivers.

Virginia distracted driving notes (2012):
A subcommittee of the House Militia, Police and Public Safety Committee took up eight distracted driving bills on Jan. 26, but reported out (advanced) none of them. This was a rerun of the past two legislative sessions. Subcommittee chairman Del. Ben Cline said he preferred to see distracted driving enforced under existing reckless driving statutes. “We need to refocus the attention of law enforcement and our judges” on reckless driving behaviors, said Cline, R-Rockbridge. Four of the five subcommittee members are Republicans.

“This could be the year,” says Sen. George Barker of his plans to extend primary enforcement to the state’s existing ban against texting while behind the wheel. One of his bills has cleared the Senate and another is nearing a vote by the full Senate.

Del. Bobby Orrock filed a bill that would make most forms of distracted driving subject to primary enforcement. “We need to look at it in the full context,” said Orrock, R-Caroline, who cites “texting, putting on makeup, snarfing down a cheeseburger, whatever” as examples of distracted driving. His legislation, HB 532, failed to make it out of committee. Del. Vivian Watts, D-Fairfax, filed a similar but more specific plan, HB 415, that also failed to advance. (Both bills below.)

2012 distracted driving legislation:
Senate Bill 219: Would make text messaging while driving a primary offense. Approved by the Senate Transportation Committee on Jan. 18 in an 8-5-1 vote. Approved by the Courts of Justice Committee on Feb. 6 in a 10-4 vote. To the full Senate. (Barker)

SB 210: Would apply primary enforcement to the existing offense of texting or use of a cell phone by a provisional driver. Currently secondary enforcement. Approved by the Senate Transportation Committee in an 11-3 vote on Jan. 18. Approved by the Senate on Jan. 26 in a 30-10 vote. (Barker)

House Bill 394: Would ban use of handheld personal communications devices while driving, notably cell phones. Includes bicycle riders. Primary enforcement. Fine: $20 then $50. Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead. (Howell)

HB 404: Restricts use of handheld personal communications devices to making and receiving cell phone calls. Secondary enforcement. Fines: $20 then $50.Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead. (Torian)

HB 415: Would require use of hands-free devices in order to make or receive cell phone calls or to read text messages while driving. Would bar drivers from searching for items that are not “immediate arm’s reach.” Would prohibit attending to personal hygiene or grooming while driving. Secondary enforcement. Fines: $40 then $100. Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead. (Watts)

HB 497: Would ban use of handheld personal communications devices while driving, notably cell phones. Includes bicycle riders. Primary enforcement. Fine: $20 then $50. Similar to HB 394, above. Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead. (Dance)

HB 532: Would create offense of “operation of a motor vehicle while engaged in other activities” that impair the ability to drive safely. Primary enforcement. Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead.(Orrock)

HB 652: Would remove secondary enforcement limits on Virginia’s existing ban on text messaging while driving. Police would be able to stop and cite offenders for that reason alone. Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead. (Kory, Albo, Bulova, Watts)

HB 874: Would make text messaging while driving a primary offense. Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead. (Rust)

HB 1053: Would make texting and driving a primary offense. Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead. (Anderson)

2011 distracted driving notes:
All efforts to put teeth in Virginia’s distracted driving laws failed in 2011 as no bill made it beyond the House and Senate committees. The House Committee on Militia, Police and Public Safety has rejected numerous distracted driving measures.

Fairfax County’s nine-month crackdown on distracted driving netted almost a 50 percent increase in citations vs. the same period a year ago. The sweep, which ran concurrent with the school year, yielded about 6,900 tickets in 2010-11, compared with 4,670 in 2009-2010. Police camped out in “unorthodox” locations seeking distracted driving offenders.

Fairfax police, “frustrated by a toothless (texting and driving) law that the Virginia legislature passed (in 2009),” are instead attacking distracted driving under an older law against failure to pay attention while behind the wheel.

Also, the Fairfax County police are conducting an online survey about distracted driving, seeking information on public attitudes and behaviors.

Legislation failures: “It’s a great disappointment and it’s a blow to traffic safety in the state of Virginia,” AAA Mid-Atlantic rep John Townsend said upon hearing that all distracted driving bills in Virginia have been rejected in 2011.

The House’s Militia, Police and Public Safety Committee has been a burial ground for distracted driving legislation during the past two sessions. This year’s crop of bills from representatives and senators all failed to advance beyond that panel. The Senate bills mirrored its 2010 legislation, also killed by the committee.

The Daily Press of Newport News commented that the House committee ” — filled with libertarian, ‘government-hands-off’ politicians — has been the killing field for lots of public safety bills over the years.”

Martha Meade, a spokeswoman for AAA Virginia, knew that getting distracted driving legislation through the General Assembly would be “quite an uphill battle.”

The Senate’s 2011 bills sought to toughen the existing distracted driving laws by making them subject to primary enforcement. One would have outlawed use of handheld cell phones while operating a motor vehicle.

At least seven bills targeting distracted driving were in the hopper in the House of Delegates, but all died. Two sought to ban handheld cell phone use by drivers (in addition to text messaging). Three planned to upgrade the existing Virginia text messaging law to primary enforcement, meaning police can stop and cite motorists for that reason alone.

More than 100 Virginia businesses have vowed to observed the “Orange Cones. No Phones.” employer safety pledge developed by Transurban-Fluor and AAA Mid-Atlantic. The campaign seeks to protect workers on the Capital Beltway HOT Lanes Project and the Dulles Metrorail Project.

2011 distracted driving legislation (dead):
Senate Bill 1042: Would make text messaging while driving a primary offense. Approved by the Virginia Senate on Feb. 8, in a 28-11 vote. Latest action: Rejected by the Committee on Militia, Police and Public Safety on Feb. 17. (Barker)

SB 1047: Seeks primary enforcement status for current law that prohibits drivers under the age of 18 from using cell phones or text messaging. Approved by the state Senate on Feb. 8, in a 33-7 vote. Latest action: Rejected by the Committee on Militia, Police and Public Safety on Feb. 17. (Barker)

SB 1351: Would outlaw use of handheld cell phones by all drivers. Hands-free OK. Seeks primary enforcement for use of wireless communications devices while driving. Fines: $100 then $200 with possible points against license. (Would apply to current penalties for text messaging.) Latest actions: OK’d by the Senate on Feb. 8, 2011, in a 26-13 vote. “Laid on the table” (killed) by the Committee on Militia, Police and Public Safety on Feb. 17. (Norment)

Virginia House Bill 1489: Would upgrade existing text messaging ban to primary enforcement status. Identical to HB 1546, below. Left on table in Militia, Police and Public Safety Committee on Feb. 8. (Spruill)

HB 1404: Seeks to extend Virginia’s text messaging ban to bicycles, mopeds. Would make violations subject to primary enforcement. Dead in committee as of Feb. 8. (Howell) View bicycles & distracted driving page.

HB 1424: Would prohibit the use of handheld cell phones by all drivers. Dead in committee as of Feb. 8. (Dance)

HB 1546: Would toughen existing text messaging ban with change from secondary to primary enforcement status. Identical to HB 1489, above. Dead in committee as of Feb. 8. (Kory)

HB 1630: Would ban cell phone use by all drivers as well as “other wireless telecommunications devices.” No provision for hands-free operation. Deletes current fine system for text messaging in favor of making violations Class C misdemeanors. Secondary enforcement. Latest action: On Jan. 20, a House subcommittee recommended no action be taken on the bill. Dead in committee as of Feb. 8. (Watts)

HJ 621: Calls for Virginia Tech Transportation Institute to study and report on “disincentives” for use of cell phones will driving. Would include primary vs. secondary enforcement and an analysis of current state laws. “Left on table” in Rules Committee as of Feb. 8. (May)

HB 2307: Doubles fines for use of handheld portable electronics if vehicle is in a highway work zone with workers present. “Left” in Militia, Police and Public Safety Committee as of Feb. 8. (Sickles)

Virginia cell phone, texting legislation notes (2010):
Fairfax County police reported that they ticketed more than 9,000 people for inattentive driving during 2010. That’s a 24 percent jump from 2009′s numbers. Fewer than 50 citations for driving and texting were written in the county last year due to the state law’s loopholes and its “secondary” enforcement status.

Text messaging continues to distract more drivers on the Capital Beltway, a survey released in mid-November 2010 found. The number of texting-distracted drivers increased by 47 percent in the past year, said AAA, which did the survey with a highway construction company. A majority of the Beltway motorists said they drove while distracted, with 53 percent talking on cell phones and 13 percent texting.

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.”

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)

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.

Virginia cell phone, texting legislation notes (archived):
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 ended 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.

The 2013 session of the Wyoming Leglslature will convene Jan. 8. The 2012 session addressed budget issues.

Current prohibitions:

• Text messaging prohibited for all drivers.

Read the Wyoming text messaging law.

2011 distracted driving legislation:
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 went into effect on July 1, 2010. (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.

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 became the 37th state to outlaw text messaging while driving.

The successful Senate Bill 1274 focused on texting alone, without mention of other common smartphone functions such as accessing the Web and using applications. A few legislators pointed out that the new law did not adequately cover current technologies.

Political wrangling and disagreements had derailed all distracted driving legislation to date, but lawmakers acknowledged during debate on the 2012 texting plan that public sentiment has changed.

Current prohibitions:
None, but a ban on texting & driving goes into effect July 1, 2012. There is an “inattentive driving” law, but it rarely is used for cell phones or texting.

Distracted driving legislation (2012):
Senate Bill 1274: Would outlaw texting by all drivers. Hands-free texting allowed. Fine: $85. No points against driver’s license. Non-moving violation. Approved by the Senate in a 29-6 vote taken Feb. 21. Approved by the House Transportation Committee on Feb. 28. Amended by the House to specify no points and to remove the exemption for law officers. Approved by the House in a 53-17 vote taken March 20. Senate signed off on House changes March 23 in a 29-5 vote. Latest legislative action: Signed by the governor April 5. Takes effect July 1, 2012. Aka 1274a. (Senate Transportation Committee)

Senate Bill 1251: Would outlaw use of handheld cell phones by drivers. Hands-free OK. Specifies that police may not confiscate cell phones as evidence. Fine: $75. (Bock, Werk)

SB 1252: Would prohibit text messaging by all drivers in Idaho. Hands-free OK. Fines: $75 (first offense), then $100. If injury or property damage results from texting & driving, violation is a misdemeanor with a $300 fine plus possible 90 days in jail. (Bock, Werk)

Distracted driving notes (2012):
The wording of Senate Bill 1274 focuses on texting without mention of other common smartphone functions such as accessing the Internet and using applications. Several lawmakers said the wording did not appear to cover current technologies. House sponsor Rep. Judy Ellsworth, R-Boise, responded during debate that “We could get into an is-is debate, but I do know that teenagers know what texting is, and I believe that this bill will send that message to them.”

Distracted driving was linked to 192 traffic deaths in the period 2008-2010, the state Transportation Department reports.

Almost nine out of 10 Idaho voters are in favor of a ban on text messaging, a AAA survey has found. Six in 10 wanted to see some kind of cell phone ban for drivers. Eight in 10 backed enhanced penalties for distracted drivers who cause accidents, AAA said.

The Idaho Press-Telegram surveyed 12 Canyon County representatives, all Republicans, and found none in favor of bans or limits on cell phone use while driving.

Sen. Les Bock returned with two distracted driving bills: one that would ban texting and another that would prohibit use of handheld cell phones. Neither advanced. The chairman of the state Senate Transportation Committee predicted a ban on texting and driving will clear the Legislature in 2012.

AAA Idaho’s latest survey of state voters found 87 percent in support of a statewide ban on texting while driving. 59 percent backed limits on cell phones and driving, with 37 percent feeling strongly about a ban. 79 percent wanted to see “enchanced” penalties for drivers who commit other violations while distracted. “There is strong bipartisan support to write a new law or amend the existing law to ban (texting),” AAA Idaho president Jim Manion said. The survey of 400 Idaho voters was conducted in November and released in mid-January. AAA Idaho supports legislation that seeks to ban texting and driving.

2011 distracted driving notes:
Sandpoint’s ban on driving while using handheld cell phones and texting took effect Dec. 29. The Sept. 21 vote by the City Council set a fine of $10 for violations but with secondary enforcement. Councilwoman Carrie Logan’s plan was for primary enforcement of a texting ban, but police felt they couldn’t enforce the law if handheld cell phone was allowed. Councilwoman Marsha Ogilvie said in early June: “Passage by the city will help the state legislators do the right thing.” (See 2009 notes, below.)

In 2011, Idaho’s Legislature adjourned April 7 without passing any distracted driving legislation. The House defeated a vaguely worded measure that would have created an offense of distracted driving while using a handheld electronic device — not an outright ban.

Coeur d’Alene decided in April 2010 to hold off on a texting ban, hoping that the state will take action in 2011. That didn’t happen, so safety activist Steve Bell is pushing the City Council to reopen its debate on a local ordinance. Councilmen John Bruning, Mike Kennedy, Ron Edinger reportedly are in favor of revisiting a text messaging ban in Coeur d’Alene. Bruning said in spring 2010: “I’ll wait one more session. “If we’re sitting here talking about this again, and the Legislature has punted again,” then the time has come to enact ordinance.

Two separate bills were filed for the 2011 legislation session that would have banned handheld cell phone use and text messaging while driving, but they were ignored.

The Idaho distracted driving bill put forth by Rep. Marv Hagedorn, R-Meridian, wouldn’t actually ban text messaging or use of handheld cell phones. Violators must exhibit signs of distracted driving before any police stop would be allowed. The offense would be an infraction. “We would fill the courts up with misdemeanors (otherwise),” he told the House Judiciary Committee. Hagedorn is one of the Legislature’s most conservative members.

More Hagedorn: On Feb. 28, he told a House hearing on HB 141: “This (bill) truly is a piece of sausage. I can tell you that AAA is not completely happy, the insurance companies are not completely happy, the sheriffs are not completely happy, I am not completely happy, nor are the local law enforcement folks.”

Sen. Les Bock, D-Boise, says his plan for a handheld cell phone ban (SB 1024) is “a compromise between an outright ban and at least allowing some of the more sophisticated technologies that allow people to use cell phones.” His anti-texting bill, SB 1025, also allows for hands-free operation.

“There’s been a lot of discussion going on as to what a texting bill may look like this session,” Sen. John McGee told the AP on Jan. 25. “I don’t think this (SB 1025) will be the last piece of legislation we see this year.”

Earlier, Sen. McGee, R-Caldwell, said he was “confident that we will pass (a texting ban) next year (2011).” McGee has reworked the language used in 2010′s Senate Bill 1352 to tackle lawmakers’ objections. He had the same hopes last year, however.

2011 distracted driving legislation (dead)
House Bill 141: Would prohibit use of any handheld electronic devices while driving “that causes such person to be distracted or otherwise fail to exercise due care.” Hands-free, voice-activated use allowed. Fine: $75. Amended March 24 to add these new penalties: If property damage or injury occurs, fine could reach $300 with a possible 90 days in jail. Defeated in the House in a 21-48 vote taken March 29. (House Judiciary Committee/Hagedorn)

Senate Bill 1024: Would outlaw use of a handheld cell phone while driving in Idaho. Hands-free OK. Fine: $75. Never advanced. (Bock)

SB 1025: Seeks to prohibit text messaging by all drivers. Hands-free texting OK. Fines: $50 (first offense), then $100. If injury or property damage results from texting while driving, $300 and/or 90 days in jail. Never advanced. (Bock)

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/Caldwell/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)

Distracted driving notes (2010):
Twin Falls’ ban on text messaging while driving went 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.

Meridian banned texting and driving with “Kassy’s Law,” in memory of a high school girl who died in late 2009. Took effect Nov. 1, 2010. Fines start at $75 and go up to $300 with possibility of jail time.

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. (For update, see 2011 distracted driving notes, above.)

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.

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

Coeur d’Alene decided in April to hold off on a texting ban, hoping that the state will take action in 2011. (None was taken and the issue is back before the council.)

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

Enforcement of the Nevada bans is primary, meaning drivers can be stopped and cited for that reason alone. Cell phone use is allowed only if a hands-free accessory is employed throughout the call.

Here is the exact wording of the new bans:

• Drivers cannot: “Manually type or enter text into a cellular telephone or other handheld wireless communications device, or send or read data using any such device to access or search the Internet or to engage in non-voice communications with another person, including, without limitation, texting, electronic messaging and instant messaging.”
• Drivers cannot: “Use a cellular telephone or other handheld wireless communications device to engage in voice communications with another person, unless the device is used with an accessory which allows the person to communicate without using his or her hands, other than to activate, deactivate or initiate a feature or function on the device.”

Key provisions:

• First offenses are not considered moving violations.
• Laws do not apply to GPS systems “affixed to the vehicle.”
• Previous infractions do not affect new fines after seven years. Example: A repeat violator would be considered a first offender if seven years have passed since the original conviction.
• Licensed two-way radio use is permissible if the unit is not hand held, except for the microphone.

Nevada was the 34th state to ban texting while driving.

Current prohibitions:

• All drivers are barred from using handheld cell phones.
• Text messaging and related activities prohibited for all drivers.

Distracted driving notes (2012):
The Henderson Police Department reports it handed out 351 citations for using handheld devices during the ban’s first month.

The Nevada DOT says there are more than 3,500 distraction-related crashes in the state every year, with more than 60 deaths reported in the past five years. Its advice for avoiding cell phone tickets? “Before driving, secure your cellphone in a place such as the glove box where you will not be able or tempted to access it while driving.”

2011 legislation:
SB 140: Would outlaw text messaging and using handheld cell phones while driving in Nevada. Would prevent cities and counties from creating similar laws. Original bill’s fines: $250 (first offense), then $500, then $1,000 plus license suspension of six months. Fines doubled in highway work zones. Warnings until Jan. 1, 2012. Amended and approved by the Senate Transportation Committee on March 17. Amendments approved by voice vote in Senate on April 22. Amended bill’s fines: $50/$100/$250. No license suspensions. Approved by the Senate in a 12-9 vote on April 26. OK’d by the Assembly in a 24-7 vote on May 30. The Senate’s final approval (a voice vote) came June 4 and the measure was then approved by the governor. A warning period began Oct. 1 and the prohibitions went into full effect Jan. 1, 2012. (Breeden)

AB 151: Would ban text messaging and use of handheld cell phones while driving in Nevada. Fines: $50 (first offense), $100 (second) and $250 (third). If a death or “substantial body harm” results from violation, prison term of 1-6 years with fines of $2,000-$5,000. Would end local traffic regulation of texting and cell phones. Warnings until Dec. 31, 2011. Amended (to add handheld cell phones to original bill’s texting ban) and approved by the Assembly Committee on Transportation in a 12-3 vote on March 29. Latest legislative action: Rereferred to Committee on Ways and Means on April 19. See SB 140, above. (Atkinson)

Senate Bill 76: Seeks to ban text messaging and use of handheld cell phones. Hands-free accessories OK for cell phones. GPS allowed. Also targets Internet use and any “non-verbal” communication. Dead as of April 16. (Public Safety Dept. via Senate Transporation Committee)

SB 145: Would prohibit drivers under the age of 18 from texting and using cell phones. Penalties to be determined by juvenile court, which would be directed to treat violations in school zones more seriously. Dead as of April 16. (Manendo)

AB 173: Would prohibit texting and the use of handheld cell phones by all Nevada drivers. If a death or “substantial body harm” results from violation, prison term of 1-6 years with fines of $2,000-$5,000. Dead as of April 16. (Munford)

2011 distracted driving notes:
The bill behind Nevada’s handheld electronic device law, SB 140, was approved by Gov. Brian Sandoval, who had made it clear that he would support a statewide ban on text messaging while driving. The Assembly’s final vote came May 30, 2011, and the Senate signed off June 4.

Sen. Shirley Breeden was the bill’s author. Her texting bill of 2010 failed to get out of committee, but, undaunted, she added handheld cell phones to 2011 plan. “We’re going to go for the whole enchilada in this thing,” Breeden said of the addition of cell phones to the 2011 legislation.

The Senate watered down Breeden’s texting & talking ban on April 26, lowering fines to match the Assembly’s version in order to get a distracted driving bill through.

In 2010, Breeden, D-Henderson saw her no-texting bill die in committee. This year she succeeded in getting the measure through the Legislature — as the new chairman of the Senate Transportation Committee — and onto the law books.

The Assembly Transportation Committee heard arguments pro and con on Senate Bill 140. The Office of Traffic Safety, which supports the bill, told the May 12 hearing that the number of accidents blamed on distracted driving had decreased from 2008 to 2009. Assemblyman Scott Hammond, R-Clark, said he feared that accidents would occur because drivers would be further distracted by trying to hide their phones. The panel also heard from families who lost loved ones to distracted drivers. No action was taken during the hearing.

Senate Minority Leader Mike McGinness of Fallon was the only Republican to vote in favor of Senate Bill 140.

Sen. Mike Schneider, D-Las Vegas, said the lowered fines inserted into SB 140 were necessary to move the distracted driving bill out of committee. (The full Senate later approved the lowered fines.)

Assemblyman Harvey Munford, D-Las Vegas, asked that Assemblymen Kelvin Atkinson amend his AB 151 to add a ban on handheld cell phone use to its texting prohibitions. The change was made in late March 2011, as Atkinson’s bill advanced from the Transportation Committee.

Munford says of his own AB 173, which would ban use of handheld cell phones and text messaging devices while behind the wheel: “This was constituent-driven. I was contacted by one family who lost a loved one and it was proven that the person was using a cell phone,” he told the Reno Gazette-Journal.

The Nevada Department of Public Safety is behind SB 76 (BDR 43-461), which would prohibit texting. In November 2010, the state Transportation Department banned its employees from distracted driving.

Nevada’s No Phone Zone campaign kicked off in November 2010.

Richard and Jenifer Watkins of Las Vegas were among the victims who spoke at the Second Distracted Driving Summit in September 2010. They suffered severe injuries when hit by a cell phoning driver in 2004.

Distracted driving has been cited as the No. 1 cause of fatal traffic accidents in Nevada. At least 63 deaths have been caused by distracted drivers in the past five years, officials say.

2009 legislation (dead):
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.

2009 legislation notes:
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. (Update: Breeden is now the transportation committee chairman.)

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.

Utah’s 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. A 2012 bill that seeks to update the text law’s prohibitions to include activities such as using apps is advancing in the Senate.

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.

Read the Utah text messaging law | auto homicide provisions

Distracted driving legislation (2012):
Senate Bill 98: Would broaden the definition of text messaging in the current Utah text messaging law. Includes composing a text, entering data and accessing apps. Allows use of handheld device for GPS. In cases of automobile homicide, broadens definitions to negligence in use of handheld electronic devices, not just texting. Latest legislative action: Approved by the Senate Transportation and Public Utilities and Technology Committee in a 3-0 vote taken Feb. 22. (Hillyard)

Senate Bill 128: Would prohibit use of cell phones by drivers under the age of 18. Exception made for communicating with parents. Fine: $50, no points. Approved by the Senate Transportation Committee in a 3-2 vote on Jan. 27. Approved by the Senate on a second reading Feb. 6 (19-9-1 vote). Final approval by the Senate on Feb. 7 (19-9 vote). Rejected by the House on March 8. (Romero)

Distracted driving notes (2012):
Sen. Ross Romero, D-Salt Lake City, saw his teen cell phone measure SB 128 clear its second and final vote in the Senate with continued support from Republicans. Both Senate votes registered 19 senators in favor and 9 opposed. The bill failed to gain traction in the House, however, and is dead for the year.

Romero said SB 128 was inspired by a group of teens who lobbied for a previous attempt to ban handheld cell phone use by Utah drivers. His bill, which applies only to drivers under the age of 18, would have no effect on the violator’s DMV record. “I’ve heard from several parents who really like the idea — that it would be against the law and yet the penalties would be relatively small,” Romero told the Deseret News in late January.

Sen. Stuart Adams, R-Layton, was one of two members of the Transportation Committee to vote against Sen. Romero’s SB 128. He cited the familiar list of other distracted behaviors, such as “eating lunch” and grooming. “I’m not sure we can regulate inappropriate behavior,” Adams said. “I just don’t know how microscopic we should be.” The bill advanced to the full Senate, regardless.

Sen. Lyle Hillyard, R-Logan, says his SB 98 closes a loophole in the current law that allows drivers to compose email. His plan would make it clear that “texting is a violation of the law even if you don’t send the message.”

84 percent of Utah adults support the prohibition of cell phone use for drivers under 18, preliminary numbers from a Utah Department of Health survey indicate. A cell phone ban for all drivers registered the support of 70 percent, the Deseret News reported in late January.

2011 legislation (dead):
HB 95 second substitute: Amends careless driving law to include new violation of operation of a vehicle while impaired by fatigue or illness. First HB 95 substitute created by House Rules Committee cleaned up language in the original HB 95. Sent to the House Law Enforcement and Criminal Justice Committee on Feb. 17, which rejected the bill as it was and days later created the second substitute (that removed a section related to seat belts). Bill (second sub) approved by the House on March 1 and transmitted to the Senate, where it was defeated in a 9-19 vote on March 10. (Perry)

SB 45: Would prohibit use of cell phones by drivers under the age of 18. Fine: $50, no points. Primary enforcement. Approved by the Senate Transportation Committee on Feb. 7. Approved by the full Senate in a 21-4 vote on Feb. 17 and introduced in the House. Reported as “not considered” by the House transportation committee on Feb. 28. Second House reading March 4. Latest action: Defeated in a 32-38 vote in the full House on March 8. (Romero)

2011 distracted driving notes:
Utah’s traffic fatality rate is on track to hit a 37-year low in 2011, based on numbers from January-June. The Utah Department of Transportation said July 21 that there were 91 deaths in the first half, compared with 96 in 2010. Five of the deaths were linked to distracted driving. UDOT Traffic and Safety Director Robert Hull urged motorists “to remember to buckle up and avoid the behaviors that most commonly cause crashes—distracted driving, impaired driving, aggressive driving and speeding.”

Rep. Carl Wimmer, R-Herriman, reportedly said during debate on SB 45 that, as a law officer, he had to tell parents of their teens’ deaths in traffic. “There’s something in my opinion that is more horrific, and that is the constant attack on liberty and freedom that we see in this Legislature.” The bill was defeated.

The state Department of Transportation says distracted driving is causing an increasing amount of accidents in Utah, especially the use of cell phones and handheld music players. In 2010, 18 deaths were blamed on distracted drivers. Overall, 235 motor vehicle fatalities were logged, the fewest since 1974.

Sen. Ross Romero, D-Salt Lake, put some teeth into his failed distracted driving legislation of 2010, which sought to ban use of cell phones by teen drivers, but called for only secondary enforcement. This year, his SB 45 is tagged for primary enforcement, meaning police can stop and cite offenders for that reason alone.

A high school senior testified Feb. 7 in favor of SB 45: “When I see teenagers in a car driving around (using cell phones), it makes me really scared for my life,” she said. (TV news video below)

Distracted driving legislation champion Rep. Phil Riesen did not run for re-election after his term ended in 2010. The Democrat saw his cell phone legislation fail in both 2009 (all drivers) and 2010.

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.

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.

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.

Current prohibitions:

• All drivers prohibited from text messaging. Fine up to $100.
• Drivers under 18 may not use cell phones, regardless of whether a hands-free accessory is employed. Fine up to $50.
• Drivers 18-20 must use hands-free attachments while talking on cell phones. Fine up to $50.
• School bus operators prohibited from using cell phones while driving.

2011 legislation
Senate Bill 154 (Act 37): Would outlaw use of handheld cell phones by drivers who are in a school zone or are passing by school buildings during school hours when children are present (outside). Also seeks to ban handheld cell phone use in a highway work zone when workers are present. Secondary enforcement. Approved by the Senate Transportation, Technology and Legislative Affairs Committee on Jan. 31 and then by the full Senate on Feb. 2. Approved by the House in a 52-41 vote on Feb. 15 and sent to the governor as Act 37. Latest action: Signed into law by the governor on Feb. 19. Takes effect Oct. 1. (Taylor)

House Bill 1049: Would prohibit drivers from using handheld cell phones in school zones while children are present. Includes GPS. Secondary enforcement. First-time violators get a warning; $50 fines thereafter. Rejected by the House in a tight 46-47 vote on Jan. 31. Reconsidered, it was approved by the House on Feb. 1. Recommended by the Senate Transportation Committee but rejected by the full Senate. Revived again (March 16) but died April 27 as the Transportation Committee adjourned. (Allen)

2011 distracted driving notes:
SB 154′s sponsor was Sen. Jerry Taylor, D-Pine Bluff. Rep. Fred Allen, D-Little Rock, introduced the bill in the House after failing to get approval for his similar HB 1049.

Just before the House rejected the HB 1049 plan to outlaw handheld cell phone use in school zones, opponents argued that the ban would inconvenience parents. “Have you ever waited for an hour in a long line of cars for your child or grandchild to come out of school?” asked Rep. Donna Hutchinson, R-Bella Vista. Sponsor Rep. Fred Allen, D-Little Rock, later noted that the bill called for secondary enforcement, so drivers stuck in a school pickup line would have to commit another offense in order to be cited. Police are “not going to pull you over just for talking on your cell phone,” Allen told reporters.

Rep. Allen says HB 1049 is “really a prevention bill.” (Allen co-sponsored HB 1013, below).

Sen. Taylor said he was puzzled by the House’s rejection of Allen’s school zone plan.

An Arkansas state senator dropped his plan to limit headphone use by bicyclists and pedestrians to one ear only, citing a barrage of citizen complaints. Sen. Jimmy Jeffress, D-Crossett, said Jan. 25, 2010, that he knew going in that the draft legislation wouldn’t succeed, but he wanted to raise the issue. He was inspired by a Little Rock accident.

The city of Rogers already bans cell phones and text messaging in its school zones, with primary enforcement.

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 (pre-2010):
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.

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.

Police complained that judges were throwing out distracted driving tickets when drivers testified they were making work calls. The Register-Guard called this exemption “a driver’s version of Monopoly’s get-out-jail-free card.”

Current prohibitions:

• Oregon has outlawed use of handheld cell phones by all drivers. Cell phones with hands-free attachments are allowable only for those over 18 years of age. Text messaging banned for all drivers. Fine: $142 plus costs.
• 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.

Distracted driving notes (2012):
State Rep. Andy Olsen, R-Albany, reportedly is working on a plan to reward Oregon drivers who don’t get cell phone citations. For each year without a distracted driving ticket, motorists would be able to remove an existing moving violation from their records. Deschutes County Sheriff Larry Blanton is helping Olsen craft the legislation, KBND Radio reported.

2011 legislation:
House Bill 3186: Removes a series of exceptions to the state’s current cell phone and texting law. Removes language that allowed drivers conducting business to use a cell phone. Clarifies that all text messaging while driving is prohibited. Amended and then approved by the Judiciary Committee on April 28. Approved by the full House in a 39-17 vote on May 4. Approved by the Senate in a 17-12 vote June 13 and returned to the House for approval of an amendment that specifies remaining exemptions for essential public works providers. Approved by the House in a 39-20 vote on June 16. Latest action: Signed by the governor on June 28. Takes effect Jan. 1, 2012. (Berger)

HB 2602: Would prohibit bicycle riders from using “listening devices” such as cell phones and MP3 players. Unsafe operation of a bicycle would be a class D violation. Fine up to $90. In the Judiciary Committee with no activity since January. (Schaufler)

2011 distracted driving notes:
Portland plans rolling crackdowns for vehicle safety violations this summer, with cell phone and text messaging violations a priority. “It’s not about catching people by surprise,” a spokesman for the Portland Bureau of Transportation said of the summer sweep. “It’s not about writing tickets. This is about educating the public that driving distracted is unsafe and against the law.” Mayor Sam Adams announced the crackdown, saying, “Using a cell phone behind the wheel turns your car into a loaded weapon.”

Rep. Vicki Berger, R-Salem, succeeded in plugging some of the loopholes in Oregon’s 2009 law prohibiting drivers from texting and talking on handheld cell phones. Both the House and Senate signed off on the plan (HB 3186) to clamp down on people who dodged fines by saying they were making important business calls. The governor signed the measure in late June. “This is going to clarify what we all intended, which is not to have individuals saying they’re doing this for their business,” said Sen. Floyd Prozanski, D-Eugene, the Senate sponsor.

Berger was moved to action by a Feb. 2 accident in Salem in which a texting driver killed a pedestrian.

Rep. Kim Thatcher, R-Keizer, opposed Berger’s HB 3186. “I think we’d be chasing our tails to oblivion trying to outlaw stupid,” she said.

Rep. Michael Schaufler says he’s already tired of reading the bicycling community’s complaints about his House Bill 2602, which seeks to prohibit riders’ use of “listening devices”: “People on bicycles ask for a whole lot and then they say, ‘don’t regulate us!’ ”

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 (2009):
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.

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.

The House and Senate return March 13, 2012. No distracted driving legislation had been prefiled as of early February.

Current prohibitions:

• Text messaging prohibited for all drivers.
• Handheld cell phone use and use of Web prohibited for all drivers — hands-free devices OK. Includes PDAs, paging devices, games, laptops.
• Drivers with learner’s permits prohibited from using cell phones.
• School bus operators prohibited from using cell phones while driving.

Read the laws: Texting & mobile phones | School bus drivers

Distracted driving notes:
State police report that 9,000 tickets have been written statewide in the first year of the ban on using handheld cell phones and text messaging while driving. Rep. Joe Miro, R-Pike Creek, who sponsored HB 229 (below) says one reason for all those distracted driving citations is ignorance of the law. “I think we need to be a little more aggressive in reminding drivers that it is the law,” Miro said in July.

The state’s one-day crackdown on handheld cell phone violations yielded 330 tickets April 21. The sweep was conducted as part of Distracted Driving Awareness Month.

Miss Delaware Maria Cahill’s “platform” for the Miss America pageant is auto safety, with the focus on texting while driving. Cahill’s college roommate died in a texting-related crash.

2010 legislation:
House Substitute 1 for HB 229: Bans text messaging, handheld cell phone use and Internet activities. Includes PDAs, paging devices, games, laptops. Applies when vehicle is in motion. Primary enforcement. Fines $50 (first offense)/$100/$200. Cleared the House public safety committee on March 17. Approved by the full House on May 13 in a 33-5 vote. Approved by the Senate on June 15 by a 18-3 vote. Approved again by the House (and finalized) on June 22 in a 34-6 vote. Signed by Gov. Jack Markell on July 6. Latest action: Enforcement began Jan. 2, 2010. (Scott, Miro)

HB 298: Would prohibit the use of handheld cell phones by a driver while the vehicle is in motion. Fines $50/$100. (Miro)

2010 legislation notes:
Several amendments were added to House Substitute 1 for HB 229 before it was approved May 13 in the House. One allows drivers to use their hands to enter numbers for a phone call or to engage hands-free accessories. The other exempts farm tractors and trucks from the ban on handheld electronics.

Rep. Darryl M. Scott, Dover, introduced the substitute for his HB 229 (of 2009) that watered down its proposed ban on all cell phone use by drivers to allow for hands-free operation. “I basically found I did not have support for a complete ban on cell phones,” he said Feb. 8. An ally amended HB 229 to make it a “handheld cell phone” ban.

2009 legislation:
HB 40 Substitute (HS1): Would ban text messaging while driving. Primary enforcement. $50 fine. Tabled by sponsor on May 12, 2009, due to House opposition and problems with wording. Reintroduced as a text-messaging bill, HS1 for HB 40. That bill (without handheld cell phone provisions) was approved by the Delaware House on May 14 and sent to the Senate. Out of Public Safety Committee “on its merits” on June 18. (Miro)

HB 229: Would have prohibited all cell phone use by drivers. Amended to allow for hands-free operation of a cell phone by drivers in January 2010. (Scott)

Legislation notes:
The new bill, HS1 for HB 40, calls for a maximum $50 fine and violations will be treated as a primary offense, meaning police can pull over drivers they believe to be text messaging. It also seeks to overrule all local and regional legislation.

The original HB 40 was presented by Rep. Joseph E. Miro, R-Pike Creek Valley. “I am very disappointed we are not passing the entire bill,” Miro told the News Journal. “I will come back with the other half that is missing from this legislation sometime in the future, but for now, this is the best we can do.”

As a cell phone and texting bill, HB 40 had been a magnet for amendments concerning exceptions such as use of ham-radio communications and work-related walkie-talkies.

While still a handheld cell phone ban, HB 40 required only that drivers have a hands-free device in order to drive and use a cell phone. It did not require drivers to use the attachment. It also allowed for the reading of text messages, another problem fixed by amendments.

Wilmington, the largest city in Delaware, has approved a ban on the use of handheld cell phones and text messaging devices while driving. These activities would be considered primary offenses, meaning police could pull over drivers for that reason alone. Fines under the plan, presented by Michael Brown Sr., would run $50. “Whatever Dover does or doesn’t do, we need to take steps here to try to save lives when we can,” Brown said. The ban takes effect Jan. 1, 2009.

Rep. Miro combined two bills that failed in the 2008 session to forge the 2009 legislation HB 40. “I brought this back because it is very close to my heart and I really think we need to address the issue,” Miro said.

Miro’s efforts to limit cell phone use by drivers date back to 2001.

When a Miro bill (HB78) seeking to require hands-free devices for drivers was defeated in May 2007, it brought the following reaction:

“Why do we need this legislation?” said Rep. Dennis P. Williams, D-Wilmington, a retired lawman.

“What about a cup of coffee (being a distraction)? What about a CD player or a radio?”

Delaware State Police report that cell phones were a factor in 252 traffic accidents in 2008.

]]> http://handsfreeinfo.com/delaware-cell-phone-laws-legislation/feed 9 http://handsfreeinfo.com/north-dakota-cell-phone-laws-legislation http://handsfreeinfo.com/north-dakota-cell-phone-laws-legislation#comments Thu, 11 Dec 2008 11:16:25 +0000 Editor http://handsfreeinfo.com/?p=103 Latest cell/texting news: North Dakota’s first distracted driving laws went into effect Aug. 1, 2011, with text messaging prohibited for all drivers. Primary enforcement applies, meaning police can stop and cite motorists for that offense alone. A ticket will run you at least $100.

North Dakota became the 31st state to ban texting and driving when the governor signed HB 1195 in late April, 2011. The governor also enacted a teen safety law that bars teens under 18 from using electronic communications devices while driving (includes cell phones and hands-free devices).

The Legislative Assembly returns Jan. 8, 2013.

Current prohibitions:

• Text messaging prohibited for all drivers. $100 fine.
• Drivers under 18 prohibited from using electronic communications devices, including cell phones.

Read the North Dakota distracted driving laws (bottom of PDF page).

2011 distracted driving legislation:
HB 1195: Outlaws texting and other forms of electronic messaging for all drivers. Primary enforcement. Fine: $100. (The following penalties were removed by Senate on March 28, just before its final vote: “Two points against license (first offense), then four points. For third and subsequent violations, one-year suspension of driver’s license.”) Rejected by the House Transportation Committee on an 8-6 vote on Feb. 4. The panel deadlocked twice on the bill, but a supporter changed his vote to “no” so the measure could move out of committee and on to the House floor. Approved by the full House in a 50-41 vote on Feb. 8 and sent to the Senate. The Senate Transportation Committee decided not to support the bill on March 25. Critics said the penalties were too severe. Amended and approved by the Senate in a 32-15 vote taken March 28 (penalty limited to $100 fine). Approved a second time by the House in a 53-40 vote taken April 5. Latest action: Signed into law April 26 by North Dakota Gov. Jack Dalrymple. (Klemin)

HB 1256: Sweeping teen traffic safety legislation includes a ban on use of handheld electronic devices for drivers under 18, including cell phones. Approved by the House Transportation Committee on Feb. 16. Approved by the House in a 71-22 vote on Feb. 22. Approved by the Senate Transportation Committee on March 31. Approved by the Senate in a 33-14 vote on April 1. Latest action: Signed into law by North Dakota Gov. Jack Dalrymple on April 26.

HB 1190: Distracted driving measure that would prohibit activities that require driver’s sight unless they involve the “whole motor vehicle or a built-in accessory.” Secondary enforcement; no points. Fines: $30 to $50. Approved by the House Transportation Committee in an 8-6 vote on Feb. 4 and sent to the full House. Approved by the House in a 56-37 vote on March 9 and sent to the Senate. The Senate Transportation Committee decided not to support the bill on March 25. Approved by the Senate in a 41-6 vote taken March 28 (amended with minor rewording). Latest action: Rejected by the House on second reading of April 7 in a 40-48 vote. Dead. (Ruby)

2011 distracted driving notes:
Gov. Jack Dalrymple said at the April 26 signing ceremony for HB 1195 and HB 1256: “Texting while driving is clearly a dangerous distraction that can result in serious injury or death, and I’m glad to see we are joining a growing number of states that are taking this action to make our roads a safer place. I’m also pleased to see that our youngest and most inexperienced drivers will benefit from a process that will better prepare them for the road and help keep them and others safe. House Bill 1256 will help young drivers minimize their risks, while they maximize their experience behind the wheel.”

The Senate Transportation Committee’s decided March 25 to slap a “do not pass” tag on both distracted driving bills that originated in the House. One critic on the panel said HB 1190 would be “opening the door to all vague and nebulous activity” in enforcement. One senator proposed an amendment to make the penalties less harsh, but the committee ignored that recommendation.

The Transportation Committee heard testimony March 17 on the two distracted driving bills under consideration in the Senate. Rep. Lawrence Klemin’s HB 1195 drew the most support, the AP reported. Rep. Dan Ruby, R-Minot, spent much of his testimony attacking Klemin’s bill. Only one witness (a co-sponsor) spoke in favor of Ruby’s bill while an insurance executive, a high school student and Bismarck’s police chief testified for the Klemin bill. The committee took no action on either measure.

Rep. Bob Skarphol, R-Tioga, succeeded in bringing back HB 1190 for a House vote on Feb. 9, a day after it was defeated (and HB 1195 won approval). This sent both bills to the Senate for its consideration.

HB 1190 calls for secondary enforcement and covers several distracted driving behaviors; HB 1995 is a straightforward texting and driving ban that would give police the authority to stop and cite motorists for that offense alone. HB 1195 provides for points against a license and possible license suspensions. Sending both bills to the Senate punts the debate over enforcement and penalties to that legislative body.

HB 1195 sponsor Rep. Lawrence Klemin, R-Bismarck, asked House members before the Feb. 8 vote: “What kind of message do you want to send back home? Is it OK to drive while texting, or isn’t it? Send the right message. Let’s pass this bill.”

Rep. RaeAnn Kelsch, R-Mandan, opposed HB 1195 in committee by saying texting bans in several N.D. cities “haven’t stopped anyone from texting.” They’ve made teens “better at hiding texting, which in my mind makes it even more dangerous.” Another opponent said cities should just make their own laws.

The House Transportation Committee first examined the two distracted driving bills — HBs 1190 and 1195 — on Jan. 27. Rep. Klemin was asked about singling out texting drivers with his proposed ban: “We have a whole lot of issues having to do with distracted driving, and I think this focuses on one,” he responded. “We now have the functional equivalent of a large number of drunken drivers on the road.”

Committee chairman Rep. Dan Ruby, R-Minot, said he wanted to cast a wider net for distracted drivers by requiring motorists to keep their eyes on the road. His HB 1190 calls for only secondary enforcement, in which police need another reason to pull over violators.

Rep. Klemin’s HB 1195 reprises his unsuccessful HB 1208 from the 2009 session (below).

Outlawing texting while driving has picked up support in the 2011 Legislature, the AP reports. Of the 76 House reps who responded to a December 2010 survey, 50 backed a texting bill with 18 others opposed. 38 senators replied, with 28 in support of a texting ban and six opposed. (Others were undecided.)

Local distracted driving laws:
Bismarck has banned text messaging while driving. The law took effect immediately after the City Commission vote on Oct. 26, but enforcement wasn’t to take effect for several weeks. Primary enforcement (police can stop and cite motorists for this violation alone) and fines up to $50.

Bismarck Commissioner Parrell Grossman pushed to have his distracted driving law take effect before the state Legislature returns in January. “We need to act now to protect the people of Bismarck,” he said, noting that a state law probably wouldn’t take effect until mid-summer 2011. The Bismarck law covers texting, emailing and Internet use, but not phone calls.

Grand Forks’ ban against texting and driving went into effect Oct. 15. Tickets cost violators $15. The Grand Forks ban also includes email and Internet use. The City Council debated distracted driving through the summer, with the original plan calling for fines of $30.

2009 legislation (dead):
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.

Previous legislation notes (background):
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.

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