Iowa: Cell phone laws, legislation

Wireless device news: Don’t look for Iowa to expand its ban on texting while driving to include cell phones, legislators said in advance of the 2012 session.

State Sen. Jeff Danielson, a Transportation Committee member, told SourceMedia that he’d doesn’t see any changes being made in 2012. Senate Majority Leader Mike Gronstal agreed, saying the creation of any new ban “is a bit of a long shot.” Danielson said, however, that he’d be open to discussing the addition of cell phones to the texting law.

Gov. Terry Branstad, who took office after the texting ban was enacted, does not appear to support singling out cell phones for a ban.

Iowa’s ban on texting while driving took effect in summer 2010, but the tickets and fines came into play July 1, 2011. Text messaging while driving brings penalties of $30 with fines up to $1,000 for causing a serious accident while texting.

While the $30 distracted driving fine is among the lowest in the nation, a 35 percent surcharge and court fees likely will send the total cost above $100. No points are charged against the offender’s drivers license.

Current prohibitions:

• Adults banned from text messaging while driving. Secondary enforcement. Fine: $30.
• Teenage drivers prohibited from using handheld electronic devices. Primary enforcement. Fine: $50.

Iowa distracted driving statutes breakdown (DMV).

Iowa distracted driving notes (2012):
Introduced in 2011, the handheld cell phone bill HF 530 from Rep. Sharon Steckman, D-Mason City, has been assigned to a Transportation subcommittee. Chances of advancement appear slim (above).

2011-12 distracted driving legislation:
HF 530: Would outlaw use of handheld electronic devices while driving, including cell phones. Hands free OK. Assigned to Transportation subcommittee Jan. 11, 2012. (Steckman)

2011 Iowa distracted driving notes:
The 2011 legislative session ended without legislation addressing distracted driving issues. Future legislation could address the use of handheld cell phones, the secondary enforcement of the texting law — often cited elsewhere as weak and ineffective — and the low text messaging fine of $30.

The state Department of Transportation wants to limit what it says are unintended penalties from the ban on teens using handheld electronic devices. The DOT believes first-time teen violators would be forced into meeting SR22 insurance requirements, typically imposed on drunken drivers. Instead, the DOT seeks a change in the reporting on the teen’s driving record that would lead to sanctions such as a temporary ban on passengers or a 30-day license suspension.

2010 legislation:
HF 2456 (compromise): Will outlaw text messaging for all drivers in Iowa. Secondary enforcement. $30 fine with fines up to $1,000 for causing a serious accident while texting. Will prohibit teenage drivers with learners’ permits from using handheld electronic devices. Secondary enforcement for adults, but not teens. Will nullify any local ordinances. Begins July 1, 2010, with a one-year warning (education) period. Approved by the House and Senate on March 23. Signed by the governor on April 1. (House-Senate compromise committee).

HF 2456: Would ban the sending of text messaging while driving. Reading messages allowed. Fines start at $30. If an injury results from the texting, fine would be $500 plus license suspension. With a death $1,000 plus license suspension. Would take effect July 1, with a one-year warning period. Approved by the House (Feb. 23, 65-31 vote) and then immediately by the Senate (Feb. 24, 44-6 vote). The House then changed the bill to call for only a ban on handheld electronic devices for teenage drivers (March 8, 55-41). Approved in a compromise version by the House and Senate on March 23 (above). Formerly HF 2021 (Tjepkes).

Iowa House File 2020: Would ban all drivers from text messaging or using cell phones unless a hands-free accessory was employed. Fine of $30. (Abdul-Samad)

Iowa Senate File 2032: Would prohibit people who are operating motor vehicles from text messaging. Fine of $100. (Bolkcom)

Senate Study Bill 3070: Would outlaw text messaging and related activities for all drivers in Iowa. Applies reckless-driving fines and jail time to text messaging violations. (Rielly)

SF 2321: Would outlaw text messaging while driving. Withdrawn Feb. 24 in favor of HF 2456, above.

Iowa cell phone legislation notes (2010):
In April 2010, Gov. Chet Culver signed into law the distracted driving legislation that bans text messaging for all drivers and prohibits teens with restricted licenses from using all handheld electronic devices while behind the wheel. The law hit the streets July 1, 2010, with the one-year warning (education) period ending a year later.

The measure (HF 2456, below) was a compromise between the House and Senate that made enforcement of the adult texting law secondary, meaning police need another reason to stop violators before writing the citation. Teen offenders (14-18) can be pulled over and cited for violations without other cause.

“The people of Iowa have had it,” Rep. Mary Mascher, D-Iowa City, said before the vote. “They don’t want people texting and driving.”

“I believe there will be a texting law … before we adjourn,” House Speaker Pat Murphy, D-Dubuque, said after the texting compromise bill was fashioned on March 18. The deal was sealed March 23 and signed by the governor a week later.

The House’s abrupt shift in favor of a text messaging ban that targets only teen drivers was necessary because the votes were not there for a full texting ban, lawmakers said. The change was bipartisan, the AP reported.

The Senate’s approval of HF 2456 came with an amendment that added “reading” to the prohibited text messaging activities while driving. Rep. David Tjepkes, R-Gowrie, says the version of his text messaging bill approved by the House on Feb. 23 didn’t ban the reading of text messages while driving because of a “political tradeoff.” Opponents say the plan as originally written probably would cost the state highway funding from the federal government.

The chairman of the Iowa House Transportation Committee expects the Legislature to outlaw texting and driving in 2010: “I think given the circumstances of what’s happened lately — what the media has been reporting and actual tragedies (as a result of texting while driving) — it’s a good probability that we’ll take something up that will prohibit that activity,” said Rep. Brian Quirk, D-New Hampton.

The 2010 legislative session has been shortened to 80 days. Budget matters could lock up most of the legislative channels, possibly leaving distracted driving legislation in limbo for another year. Iowa Gov. Chet Culver says he would sign a bill that seeks to ban text messaging for drivers, but agrees that the economy is the prime concern.

Dubuque’s City Council voted Feb. 15 to prohibit handheld cell phone use and text messaging by drivers. The ban goes into effect days after the 7-0 vote. Fines are $50/$250 if an accident results. Dubuque is the first municipality in Iowa to enact a distracted driving ordinance, according to the Telegraph Herald. “It’s way past time something gets done,” Mayor Roy Buol said in January 2010, noting a lack of state laws. “If we have to be the leaders, then we have to be the leaders.”

72 percent of adults surveyed by the Iowa Poll/Des Moines Register responded that text messaging and driving deserved the Legislature’s attention during the shortened session. The telephone poll was conducted in early February 2010. (No other topic received more than a 42 percent approval.)

Rep. Dave Tjepkes, R-Gowrie, introduced HF 2021, a bill banning text messaging while driving on Iowa roads and highways. The former Iowa State Patrol trooper says of the shortened session: “I’m concerned with the time constraints.”

Sen. Joe Bolkcom, D-Iowa City, says chances of passing a distracted driving bill by April are improving, with new interest from legislators.

Iowa parents overwhelmingly favor a statewide ban on text messaging while driving, according to a 2010 telephone poll. The University of Iowa/University of North Carolina survey found that 97 percent of parents favored a texting ban and 90 percent supported a ban on cell phone use while driving.

2009 legislation:
HF 9 — Would prohibit use of cell phones while driving unless a hands-free device or headset is utilized. In transportation committee. (Also HF 84) Appears dead.

HF 155: Seeks to ban all Iowa drivers from using handheld cell phones and from text messaging. Appears dead.

HF 17: Would ban use of cellular phones and any other wireless communication device by drivers under the age of 18. Appears dead.

HF 353: Prohibits use of cell phones by drivers with provisional licenses. Appears dead.

SF 190: Would prohibit use of cell phones while driving on Iowa’s roads, unless a hands-free device or headset is utilized. Appears dead.

2009 cell phone, texting legislation notes:
Rep. Ako Abdul-Samad, D-Des Moines, introduced 2009′s HF 9. “My problem is those who try to dial or text-message while driving,” he said. The Iowa cell phone driving law would bring a $30 fine.

Previous cell phone legislation includes an attempt to mandate the assumption that a driver on a cell phone involved in an accident was at fault.

The 2008 session’s HB 2059 was sponsored by Rep. McKinley Bailey, D-Webster City, who says he was motivated by a fatal crash caused by a teenage driver who was using a cell phone. Bailey has said he might support an expansion to adult drivers. Rep. Swati Dandekar chaired a subcommittee session on the Bailey proposal.

Attempts to regulate drivers’ cell phone use in Iowa date back to the late 1990s.

New York: Cell phone laws, texting

Cell phone and texting news: A second Operation Hang Up crackdown on drivers who use handheld cell phones and text message runs April 23-29. Gov. Andrew Cuomo promoted the sweep with news that 150 drivers were stopped and cited in the first 12 hours.

Cuomo also reported April 24 that more than 65,000 motorists have been busted for using handheld electronic devices so far in 2012.

On June 12, 2011, Cuomo signed get-tough legislation that upgraded enforcement of the texting while driving law to primary status. The governor also used administrative means to add another point against the licenses of distracted drivers.

The successful Assembly and Senate legislation removed the secondary enforcement status from the state’s text-message ban on drivers. The new law does not increase penalties for violators ($150), just increases the chances of their being pulled over and cited. It took effect immediately.

Cuomo’s third point applies to handheld cell phone violators, who are already targeted for primary enforcement (meaning police do not need another reason to stop and cite them).

Read the New York distracted driving law upgrade story of July 12, 2011.

New Yorkers who text and drive became subject to 2-point penalties earlier in 2011. The rule change, effective Feb. 16, 2011, brings handheld cell phone violations in line with penalties under the state’s 2009 text messaging law.

Current distracted driving laws ($150 fine and 2 points):

• Drivers must use hands-free devices while talking on cell phones.
• Text messaging and related uses of handheld electronic devices banned.
• Taxi cab drivers in New York City banned from using cell phones.

2012 distracted driving notes:
Gov. Andrew Cuomo promoted the second federally funded Operation Hang Up during an April 24 appearance with safety groups in Battery Park City. “We hear too many heartbreaking stories about how distracted driving leads to tragic consequences, and we must do everything in our power to ensure more lives are not unnecessarily lost because someone took their eyes off the road to use a phone.”

Ithaca police targeted distracted driving violations throughout February.

2011 legislation:
A8106: Seeks to apply “primary enforcement” to New York’s texting while driving law. Introduced June 1. Approved by the Senate and Assembly on the same day, June 14. Sent to the governor who signed it into law on July 12. Same as S5643 (below). (Weisenberg)

SB 998b: Would remove “secondary enforcement” restriction to New York’s texting while driving law. Clarifies specific actions prohibited while using handheld electronic devices while driving. Requires a cell phone safety component to prelicensing education and testing. Fine: $150 plus 2 points against license (as before). Approved by the Senate on May 3 and sent to the Assembly (Transportation Committee). Governor signed plan into law on July 12. See A8106 above. (Marcellino)

S05643: http: Same as A8106, above. Introduced June 8 and approved by the Senate and House on June 14. (Marcellino)

A06174a Same as S998, above. (Weisenberg)

A4514: Would prohibit use of video devices that show prerecorded programming (DVD players) unless the screen is located behind the driver’s seat. GPS and navigation screens exempted. (Wright)

2011 distracted driving notes:
The first full month under the state’s newly toughened distracted driving laws (August) yielded a record 1,082 tickets for texting, the DMV said. Year to date, more than 4,600 texting tickets have been written, already well above 2010′s total of 3,250.

With primary enforcement, the number of texting tickets more than doubled in 33 counties, Gannett reported, and more than tripled in a few other counties. (Cell phone tickets were in line with 2010 numbers.)

“I am proud to sign this bill today, both as the governor and as a father of three teenagers,” Gov. Cuomo said as he signed the tougher text messaging plan into law. “It’s plain and simple: distracted driving leads to tragedies that have affected families all across New York. This new law will help ensure that drivers keep their eyes on the road and their hands on the wheel. I thank Sen. Marcellino and Assemblyman Weisenberg for their hard work on this legislation.”

Cuomo decided to add the third point to distracted driving infractions at the administrative level because his plan did not advance in the Legislature.

Assemblyman Harvey Weisenberg, sponsor of A8106, said he received a congratulatory phone call from the governor’s office upon its passage, despite the presence of the competing measure from Cuomo. “I’m not going to kill our bill just because the governor came out with a recommendation,” Weisenberg, D-Nassau County, told the Legislative Gazette.

The sponsors of the primary-enforcement measure that passed the House and Senate — Weisenberg and Sen. Carl Marcellino — are the authors of similar measures introduced earlier in the session, including one that passed the Senate (SB 998b).

Weisenberg vowed to either get the bill through the Assembly or walk out. “We need tougher measures to crack down on texting while driving, and (to) send the message that our loved ones’ lives are simply not worth this unnecessary risk,” he said at a May 3 press conference just before the Senate approved S998b. Weisenberg sponsored the companion bill A6174.

Both the governor’s plan and the legislature’s plan would require distracted driving materials added to driver education courses.

S998 sponsor Sen. Marcellino, R-Syosset, said just before the vote: “Texting and driving is the ultimate distraction, taking all focus and attention off the road. The lethal nature of this epidemic mandates that we pass the primary ban now.”

Numerous city and county legislators have pushed for tougher local laws, pointing to the state law’s secondary enforcement. (View New York regional texting and driving legislation.)

Syracuse’s federally funded crackdown on distracted drivers ended April 16, with about 1,550 tickets written in the fourth, concluding sweep.

Syracuse’s revenues from distracted driving tickets issued in the four 2010-2011 sweeps totaled more than $400,000 as of August 2011, the Post-Standard reports. The majority of the funds came in surcharges attached to the tickets, which numbered 9,352. Money is still being collected as outstanding cases are settled.

The last of Syracuse’s federally funded distracted driving sweeps yielded 1,553 citations during its run April 7-16. “Understand, there will be a zero tolerance policy,” state police Maj. Donald DePass said at an opening press conference. “No excuses, no exceptions. We will continue to do enforcement until everyone gets it.” The breakdown: 1,371 for handheld cell phone violations; 182 for texting or using another electronic device.

The $300,000 program began in April 2010 and ended in April 2011. Law officers came from across Onondaga County and got overtime for their participation (more below).

The New York DMV commissioner says the Syracuse crackdown is a model program that could work statewide and nationwide. DOT chief Ray LaHood has praised the sweeps as a model for preventing distracted driving injuries and deaths.

2010 text messaging legislation:
A10063: Makes driving and using a portable handheld device a primary offense in the state of New York, meaning law officers can stop and cite drivers for that reason alone. Filed at the request of the governor. Latest action: Approved by the Assembly in a unanimous vote on July 1. To the Senate, where prospects are uncertain. (Weisenberg)

S6992: Makes driving and using a portable handheld device a primary offense. Same as A10063, above. Filed at the request of the governor. (Dilan)

A09802: Would make use of a portable electronic device while driving a primary offense, given police the right to stop and cite violators for that reason alone. Also calls for distracted driving education efforts in pre-licensing materials and tests, as well as defensive driving courses and traffic school. (Quinn)

A09229: Changes wording of existing law against use of handheld electronics while driving. Would no longer require defendants to prove they were not violating the law, only to provide evidence that is “tending to show” no violation occurred. Same as S06810. (Gantt)

S06810: Same as A09229, above. (Diaz)

2010 distracted driving notes:
Syracuse received federal funding for its four-part crackdown on distracted driving. The latest (third) sweep in Onondaga County got under way in early October 2010 and runs for two weeks. The previous sweep started July 22 and ran through the end of the month. The DMV reported that 2,146 tickets were written for cell phone or text messaging violations in that period. In April, police cited 2,185 drivers for cell phone violations and 115 for text messaging. The fourth crackdown is set for April 7-16, 2011.

A September 2010 crackdown on use of handheld cell phones while driving on the New York Thruway yielded almost 1,000 tickets, troopers said. That makes more than 9,000 tickets in the past year. Thruway police are using unmarked vehicles in order to catch offenders.

New York State Police conducted their third “Operation Hang Up” sweep on the Thruway and I-84 (mid-Hudson Valley) during early May. The original “Hang Up” of 2009 yielded 816 tickets for use of handheld electronic devices.

New York Gov. David Paterson filed proposed legislation in February (“Program Bill 222″) to upgrade distracted driving legislation to primary enforcement. The resulting pieces of legislation are A10063 and S6992 (read the texting ban news story).

New York’s ban on cabbies’ use of cell phones resulted in more than 1,500 tickets during its first three months. The law, which went into effect Jan. 29, calls for $350 fines. Indignant fares can call 311 to report blabbing taxi cab drivers, the Taxi and Limousine Commission says.

Statewide, law officers have written about 2 million tickets for violations of the handheld cell phone ban since it went into effect in December 2001. The average rate of ticketing for cell phone violations over that nine-year stretch is 185 citations per 1,000 drivers, state motor department officials say. Almost 65 percent of the violations came in New York City.

On June 22, NYPD ran a sweep on drivers who text or talk on cell phones. The ticket crackdown covered the five boroughs.

2009 legislation:
A8568: Would ban use of portable electronic devices for all drivers. Covers text messaging, sending email, Internet browsing, game playing, etc. Fines would be up to $150 and violations would be secondary offenses, meaning police would need another reason for pulling over a driver. (The governor filed legislation in February 2010 to upgrade to primary enforcement.) Part of a larger driver safety bill sponsored by Assembly Transportation Committee chairman David Gantt. Approved by the Assembly and Senate in mid-summer and signed by Gov. David Paterson on Aug. 27. The ban took effect Nov. 1. The bill originated with Paterson’s motor vehicle department.

A6074: Would prohibit the writing, reading or sending of text on a cell phone while driving. Also seeks to create a cell phone safety component to pre-licensing drivers education. (Same as S536)

A2453: Would ban texting on a mobile phone while driving. Same as S587.

A6481: Seeks to ban text messaging while driving.

S1877: Would prohibit use of all cell phones and text messaging devices for drivers with learner’s and restricted licenses. Also cites “digital imaging and entertainment.”

S1547: Would require police accident reports to indicate whether cell phones contributed to crashes in New York. OK’d by the Senate. (Similar to the inactive A4184.)

A2031: Would ban drivers from using cell phones to send text messages. (Same as S741)

A00786: Proposes sanctions against “inattentive driving.”

Cell phone, texting legislation notes:
Assemblyman Felix Ortiz, D-Brooklyn, saw his text-messaging legislation incorporated into a larger driving-safety bill backed by Assembly Transportation Committee chairman David Gantt (A8568). “This was common-sense legislation that was overdue … and finally we have a bill that will keep our highways and roadways safe,” Ortiz said. The fine for text messaging and driving in New York state is $150.

Any state text-messaging ban would overrule city and country bans, which have spread throughout the state due to inaction in Albany.

Transportation Committee chairman Gantt has been under fire for stalling driver-safety legislation. A father whose teen daughter died in a drag-racing crash says, “We need to let people know who is standing in the way, like Gantt.” The New York Times called for his replacement over opposition to red-light cameras.

The Senate has approved S1547A, requiring police to report on the role of cell phones in crashes. The legislation passed on a vote of 47 to 12 on March 25, 2009. It has been returned to the House and assigned to the transportation committee.

New York was a leader in cell-phone restrictions on drivers, passing its widely copied hands-free law in 2001.

Text-messaging legislation, gained momentum after an upstate crash killed five teens. The driver’s cell phone was used to send and receive text messages just before the deadly accident.

“Text messaging is the ultimate distraction,” Senate sponsor Carl Marcellino, D-Long Island, told the Daily News. (Washington’s text-messaging ban took effect in July, 2008.)

2008 New York legislation:
S3195 and A7299: Would have added text messaging to current ban on drivers’ use of hand-held cell phones. Would create a “cell phone safety” component to driver education courses. The Senate approved the measure May 27, 2008. The legislation was last reported in the state Assembly transportation committee.

S8332: Would have prohibited teens under 18 from the use of any hand-held electronic device while driving. GPS navigation systems are included in the ban. Sponsored by Sen. Martin Golden, R-Brooklyn. Died in the Assembly Transportation Committee.

A05322: Would have prohibited drivers with learner’s permits or restricted licenses from using cell phones, with or without a hands-free device. Extends to all drivers under the age of 20 and all drivers in the first two years of holding driver licenses.

A05772: Drivers who cause injuries or deaths while distracted by a cell phone would have been treated the same as drunken drivers. Two points against drivers convicted of being in violation of cell phone laws.

Hawaii: cell phone laws, legislation

Cell phone, text messaging news: All of the state of Hawaii’s counties have enacted distracted driving laws. If you drive in Hawaii, be aware that text messaging and the use of handheld cell phones are illegal.

Honolulu’s fine for use of handheld cell phones while driving increased to $147 on July 1, 2011. View the Honolulu distracted driving ordinance.

Oahu reaped more than $1.6 million in tickets over the first two years of its distracted driving law.

Current statewide prohibitions:
None.

Distracted driving legislation (2012):
HB 623 (HD1): Makes it a petty misdemeanor to operate a motor vehicle while using a text messaging device or otherwise accessing the Internet. Provides for felony charges if injury or death results from violation. Voice-operated or hands-free technology OK. Recommended by the Transportation Committee on Feb. 7 and sent to the Judiciary Committee. Carried over from the 2011 session. (Evans)

HB 1184: Would direct state to turn over to county law enforcement any revenue from tickets issued for drivers’ use of mobile electronic devices. Carried over from the 2011 session (Tokioka)

Distracted driving notes:
Distracted driving ticket totals as of June 2011 (law enactment month in parentheses):
Oahu County: 20,654 tickets (July 2009)
Hawaii County: 1,359 tickets (January 2010)
Kauai County: 930 tickets (May 2010)
Maui County: 964 tickets (July 2010)

source: Attorney General’s Office as reported by the Honolulu Star-Advertiser

Distracted drivers in Pearl City and Kalihi were the targets as Honolulu police ran a sweep on the weekend of June 24, 2011. Almost 110 citations were handed out for illegal use of cell phones while driving. Police said they would continue sweeps across the island.

Police say they’ve issued more than 20,000 citations (as of June 2011) since the Oahu county law against electronic distracted driving went into effect in the summer of 2009. In 2010, police issued 10,101 tickets. In the first four months of 2011, the number was 3,757.

Honolulu was looking into expanding its ban on using handheld electronic devices while driving to pedestrians. The ordinance (Bill 43) would have prohibited pedestrians from crossing streets while using mobile electronic devices such as a cell phones, video games, laptops or cameras. Local police opposed the distracted pedestrian plan as “over broad.” OK’d on first reading May 11 but appears dead.

2011 legislation (dead):
HB 623: Makes it a petty misdemeanor to operate a motor vehicle while using a text messaging device or otherwise accessing the Internet. Voice-operated or hands-free technology OK. Recommended by the Transportation Committee on Feb. 7 and sent to the Judiciary Committee. (Evans)

HB 1184: Would direct state to turn over to county law enforcement any revenue from tickets issued for drivers’ use of mobile electronic devices. (Tokioka)

2010 legislation notes:
Maui Mayor Charmaine Tavares signed into law a ban on use of handheld electronic devices while driving. Fines for text messaging or using handheld cell phones while driving are a maximum of $100 (first offense) and then up to $250. The county law also bars drivers with restricted licenses from using cell phones, regardless of whether a hands-free device is employed.

“With motorists increasingly using unsafe practices like texting while driving, we find ourselves joining the state’s other counties in enacting this new law,” Maui’s Tavares said at the July 6 signing. Maui was the last of the state of Hawaii’s counties to adopt distracted driving laws.

The Maui County Council approved the distracted driving Bill 40 in a series of votes leading up to the mayor’s approval. The Maui Police Department said it would begin writing tickets immediately.

Kauai’s mayor signed into law a ban on drivers’ use of handheld cell phones and text messaging devices. It went into effect May 23. The public safety committee unanimously approved the plan on Jan. 13, followed by the City Council. The mayor signed the legislation Feb. 23.

The Kauai law cites “mobile electronics devices” such as laptops, video game units and PDAs, but does not include GPS. Fines would be $50 or $100 in school zones or roadwork sites. The bill deliberately does not exempt hands-free devices for cell phones.

Fines would be $100 and then $250. The Maui plan also would bar drivers under 18 and others with restricted licenses from using cell phones, regardless of whether a hands-free device is employed. The legislation, expected to become law July 1, 2010, would mean all of the state of Hawaii’s counties have adopted distracted driving bans.

“It’s time to make this a reality,” said Maui County Council member Mike Victorino. “Enough is enough.”

Maui banned use of handheld electronic devices while driving. The mayor signed legislation into law on July 6, 2010. The ban, which includes text messaging and handheld cell phones, took effect immediately.

Kauai’s driving ban on handheld cell phones and text messaging became effective May 23, 2010. The Big Island’s ban on handheld cell phone use went into effect Jan. 1, 2010. Honolulu also has banned the holding of electronic devices while driving. The law includes cell phones and text messaging devices.

Archived cell phone, texting legislation:
HB 14: Would prohibit text messaging by drivers and use of cell phones unless a hands free device is employed. Part of an omnibus traffic-safety bill. Carried over to the 2010 session. (Marumoto)

HB 89: Would outlaw use of cell phones for text messaging (all drivers). Fines up to $100. Carried over to the 2010 session. (Mizuno)

HB 15: Would outlaw text messaging while operating a motor vehicle and drivers’ use of handheld cell phones. Fines up to $100. Carried over to the 2010 session. (Marumoto)

HB 1158: Restricts drivers under 18 with provisional licenses from various forms of distracted driving, including use of all cell phones “and other electronic devices.” Also covers eating food, grooming and reaching for objects. Companion to SB 976. Carried over to the 2010 session. (Say)

HB 502: Same as HB 1158 (above). Carried over to the 2010 session. (Finnegan)

SB 760: Would prohibit drivers from using mobile telephones while driving unless the wireless device can be operated hands-free. Carried over to the 2010 session. (Chun)

SB 13: Seeks to ban drivers from using cell phones without a hands-free attachment. Would outlaw text messaging for all drivers. Carried over to the 2010 session. (Taniguchi)

SB 249: Would prohibit all drivers from text messaging and using cell phones without a hands-free device. Fines from $100-$500. Carried over to the 2010 session. (Gabbard)

SB 250: Would ban text messaging and emailing by all drivers. Violation does not occur unless an accident results. Carried over to the 2010 session. (Gabbard)

SB 275: Would prohibit drivers from using cell phones not equipped for hands-free use. Provides for forfeiture of violators’ cell phones. Carried over to the 2010 session. (Nishihara)

SB 976: Drivers under the age of 18 with restricted licenses would be banned from a range of distracted driving behaviors, including use of electronic devices and making cell phone calls (regardless of whether a hands-free device is employed). Also cites eating food, grooming and reaching for objects. Companion to HB 1158. (Hanabusa)

SB 1054: Seeks to restrict various forms of distracted driving, including use of handheld cell phones “and other electronic devices.” Also covers eating food and grooming. Secondary enforcement. Carried over to the 2010 session. (English)

Previous legislation notes:
SB 760, from Sen. ‘Susie’ Chun Oakland, D-Kalihi-Liliha, was approved on first reading Jan. 26, 2009. SB 976 from Senate president Colleen Hanabusa, D-Waianae passed on first reading Jan. 28.

HB 14 and HB 15 are sponsored by Rep. Barbara Marumoto, R-Kahala. The traffic-safety legislation was sent to committee Jan. 23, 2009.

SB 274 and 275 are sponsored by Sen. Clarence Nishihara, D-Waipahu. The cell phone-confiscation provision seems to be a first in the nation. They were referred to committee Jan. 28, 2009.

Regional Hawaii cell phone legislation:
Maui’s plan to outlaw use of handheld electronic devices while driving hit a snag on Feb. 18, 2010, when the Maui County Council Committee of the Whole voted 5-4 to delay consideration of Councilmember Joe Pontanilla’s measure. Fines would be $100 and then $250.

Hawaii County (the Big Island) has banned the use of handheld cell phones, meaning motorists must use a hands-free device. Violations will cost up to $150. Drivers causing accidents while using a mobile electronic device are subject to $500 fines. The Big Island ban was approved by the County Council on June 16, signed into law June 25, and went into effect Jan. 1, 2010.

Honolulu has banned the use of handheld cell phones, text messaging devices, laptop computers and similar wireless gear. The law was signed by Mayor Mufi Hannemann on May 7, 2009, and went into effect July 1. “This historic and comprehensive legislation was carefully crafted to help improve public safety on our streets and highways,” Hannemann said, perhaps referring to the issue’s long history in the city.

The fine for first offenses is $67. Honolulu police have posted an FAQ page related to the ban on use of mobile electronic devices while operating a motor vehicle.

Mayor Mufi Hannemann vetoed a text messaging plan in February after police complained they had no way of telling what a driver was doing while holding a cell phone. Honolulu Police spokesman Thomas Nitta said of the new plan: “As long as you are operating a motor vehicle and you are holding an electronic device that will be a violation.”

The Honolulu City Council voted 6-1 to ban drivers from holding electronic devices such as cell phones while driving. Honolulu Council members Rod Tam and Donovan Dela Cruz introduced the Honolulu ordinance banning use of handheld electronic devices while driving.

The Star Bulletin editorialized in support of the Honolulu cell phone ordinance on April 11:

“(Bill 4) should not encourage drivers to trade in their hand-held cell phones for hands-free devices in the belief the latter is safe. The use of either kind of cell phones is distracting, causing the driver to concentrate on the conversation rather than the road. Studies have shown that use of a cell phone — hand-held or hands-free — while driving is as dangerous as driving drunk.”

Honolulu’s earlier plan to ban text messaging was approved by the City Council on January 28, 2009, but the plan was overturned by Mayor Mufi Hannemann on Feb. 13. The council failed to overturn the Honolulu texting bill veto in a vote Feb 25. Three councilmen changed their votes to allow the veto.

The Honolulu mayor cited problems with enforcement. City police stood against the texting bill, saying that enforcement would be difficult. Police also have lobbied against state cell phone legislation.

The bill’s author, Councilman Charles Djou, said after the veto vote: “The text messaging driving ban has become a clear victim of typical city politics under the current mayor.” Earlier he noted: “I think (the ban) is needed and I think the community recognizes that text messaging and video game playing while driving is unacceptable.”

A Honolulu bus driver was videotaped playing PS2 games while driving. He kept his job.

Previous cell phone/texting legislation:
All state attempts to prohibit the use of handheld cell phones while driving have failed.

Rep. Joe Souki has led efforts to restrict use of cell phones in Hawaii. His hands-free legislation of 2005 passed in the House but was killed in the Senate.

MADD-Hawaii testified in favor of HB 1987 in January 2008: “Young drivers continue to be over-involved in highway crashes in Hawaii and across the
country. Studies have shown that novice drivers tend to be more easily impaired by distractions such as multiple passengers in the vehicle than are more experienced drivers. With more teens using cell phones, there is an increasing risk of young drivers causing crashes as a result of the distraction of having a cell phone conversation while operating a vehicle.”

Captain Evan Ching of the Traffic Division of the Honolulu Police Department testified on HB 1987 that “it would be difficult to enforce” and “problematic.” The HPD officially opposed the bill.

Numerous bills were filed for the 2008 legislative session seeking to limit use of cell phones.

HB 2462, HB 3323: Would have required use of hands-free devices by drivers. Not heard in committee.

SB 3120, HB 3198, HB 1987: Would have prohibited use of cell phones and other electronic devices by drivers under the age of 18, including those driving with a provisional license.

Michigan: Cell phone & texting laws, bills

Distracted driving update: A plan to ban cell phone use by teen drivers sailed through the state Senate on March 15 and is now before the House. State Sen. Howard Walker’s original plan was for secondary enforcement, but a committee amendment rerouted the measure to primary enforcement.

Just before approving the teen cell phone bill, the Senate gave a standing ovation to the activist parents of a Sault teen who was killed while driving distracted. SB 756 is known as Kelsey’s Law as a result of their lobbying.

An Ann Arbor mother of four died March 27 after she flipped her auto while driving and texting, police said.

96 percent of Michigan drivers acknowledge that texting and driving is dangerous behavior, but as many as 17 percent say they read texts while behind the wheel. The survey of 600 drivers by the Office of Highway Safety Planning found 56 percent of them used their cell phones while driving, even though 80 percent acknowledged the practice is dangerous, and a third of them said it was as bad as drunken driving. “The (need) to be constantly connected and available seems to trump traffic safety,” OHSP director Michael Prince said.

Current prohibitions:

• Text messaging outlawed for all drivers. Fines $100 (first offense) and then $200.

• In Detroit, drivers making cell phone calls must use hands-free devices.

2012 distracted driving notes (2011):
State police said in February 2012 that 1,149 drivers have been ticketed under the texting & driving law that went into effect July 1, 2010.

“It’s safe to say probationary drivers should be totally focusing on the road and not on their cellphone conversations,” said state Sen. Howard Walker, author of SB 756. The distracted driving bill was approved by the Senate on March 15 and is now in the House.

At least one opponent of SB 756 wants to see a tougher cell phone law instead. Sen. Gretchen Whitmer, D-East Lansing, voted against the bill because it did not apply to all drivers.

Members of the Senate Energy and Technology Committee signaled Feb. 21 that they preferred primary enforcement for the teen cell phone ban envisioned by SB 756. They followed through Feb. 28 by amending the bill for primary status. Committee chairman Sen. Mike Nofs, R-Battle Creek, proposed the amendment. Sen. Coleman Young, D-Detroit, decided not to vote on the legislation as a result.

Bonnie Raffaele, who lost her teenage daughter Kelsey in a cell phone-related crash, testified in favor of Senate Bill 756 at a hearing Feb. 21. Sen. Howard Walker’s plan would ban cell phone use by Michigan’s youngest drivers. “I ask you today to please help me save the kids and keep someone else from suffering like we have,” she said to the Energy and Technology Committee. Senators reportedly assured her the legislation would clear the Senate (and it did).

“Now we need to get to work on members of the House,” Raffaele said after the March 15 Senate vote.

House Speaker Jase Bolger, R-Marshall, reportedly wants to see how the state’s text messaging law plays out before deciding on cell phone prohibitions.

Michigan State Police’s Commercial Vehicle Enforcement division treated the first 90 days under the federal handheld cell phone law as a warning/education period. The commercial vehicle regulations went into effect Jan. 3, 2012.

Over the past decade, more than 9,000 traffic accidents in Michigan involved cell phone use, according to the Booth Michigan newspaper chain.

2011-2012 distracted driving legislation:
Senate Bill 756: Would prohibit teens with a restricted (level 1 or 2 graduated) driver’s license from using a cell phone while behind the wheel. As introduced, bill calls for secondary enforcement but it has been amended to primary. Approved unanimously by the Transportation Committee on Jan. 25, 2012. Amended and approved by the Senate Energy and Technology Committee in a unanimous vote of Feb. 28. Legislation now calls for primary enforcement and allows for voice-activated operation. Via substitute S-3. Latest legislative action: Approved by the Senate in a 28-10 vote taken March 15. Aka “Kelsey’s Law.” (Walker)

House Bill 4208: Would establish graduated penalties for causing an accident while driving and viewing a TV screen or similar electronic device. Exempts screens related to vehicle use such as dashboard operation systems. HB 4209 (tied to 4208) makes killing a person while using an electronic device such as a TV a class C felony. In injury case, class E felony. No legislative activity on these bills in over a year. (Geiss)

2011 distracted driving notes:
The prosecutor in Lapeer County is calling on legislators to toughen the laws against causing a death while text messaging. Prosecutor Byron Konschuh cites the case of Jerry Joseph, who pleaded guilty to a moving violation causing death (and driving without insurance). Joseph ran a stop sign in Attica Township and killed a 78-year-old woman. He faced only two years in jail. The actual sentence was for 30 days in jail and a $5,000 fine. “We feel the punishment (for texting and killing) should be similar to operating under the influence causing death, which carries a 15-year maximum in prison,” Konschuh said.

It was estimated there were 881 cell phone-related accidents in 2010, with five people killed and almost 300 people injured.

Distracted driving notes (2010):
Gov. Jennifer Granholm signed the no-texting-while driving bills into law on a “No Phone Zone” special on “The Oprah Winfrey Show.”

State Rep. Richard LeBlanc was pushing for his teenage driver restrictions to be adopted before the end of 2010. LeBlanc, D-Westland, filed HB 4493 back in March 2009. Its primary concern is limiting to one the number of non-family members that teenagers with restricted licenses are allowed to transport, but it includes a provision that cell phones are banned for young drivers with Level 2 licenses.

2010 legislation:
HB 4394: Would outlaw text messaging by all motorists. Fines $100 then $200. The texting bill was approved by the House on Dec. 8, 2009, and transmitted to the Senate (Transportation Committee, Dec. 9). The Senate approved the bill on March 25 (a 28-10 vote) but upgraded it to primary enforcement. The House agreed to the change on April 20 (a 74-33 vote), but a minor companion bill had to pass before it was sent to the governor, which happened on April 28. The bill was signed on April 30, along with two other texting-related measures, HB 4370 and SB 468. Latest action: The law took effect July 1, 2010. (Gonzales)

HB 4370: Companion bill to HB 4394 (above). Specifies that no points would be added to a driver license for a violation of the text messaging prohibition. Signed into law by the governor on April 30, along with two other texting-related measures, HB 4394 and SB 468. (Polidori)

SB 468: Specifies that violations of the text messaging ban are not to be recorded on the driver’s master record. (This bill originally made handheld cell phone use illegal for all drivers and was approved in the Senate, but was converted to the master record exemption in the House.) Signed by the governor on April 30 as part of the text messaging package (see HB 4370 and HB 4394, above.) (Kahn)

(more 2010 legislation)

SB 402: Would prohibit all drivers from text messaging. Use of cell phones legal if a hands-free device is employed. Secondary enforcement, meaning a law officer cannot stop or cite a driver for this reason alone. Approved by the Senate Transportation Committee on Dec. 8, 2009, and then by the full Senate on Jan. 26, 2010. (Read the Senate version.) Sent to the House (Thomas)

HB 4369: Would outlaw talking on a handheld cell phone while driving. Also would prohibit text messaging and instant messaging on cell phones. Fine of $100. (See SB 417). Inactive in committee.

SB 417: Seeks to ban use of a handheld cell phone while driving on Michigan’s roads. Includes text messaging and instant messaging on cell phones. Maximum fine would be $100. Inactive.

SB 467: Would prohibit school bus drivers from using cell phones while the vehicle is in motion or students are loading. No activity on this bill.

2010 distracted driving notes:
Gov. Granholm said of the texting law: “By signing this law and making texting while driving a primary offense, we are giving Michigan’s law enforcement officers the tools necessary to identify and stop this dangerous behavior before it results in a crash causing injury or death.” She said she would support further efforts to ban drivers’ use of handheld cell phones.

The city of Troy followed up on the tougher state texting law by outlawing drivers’ use of handheld cell phones and declaring the entry of phone numbers a texting violation. Troy’s ordinance also addresses other forms of driver distraction: “eating, writing, performing personal hygiene/grooming, physical interaction with pets, passengers or unsecured cargo.” The law applies if the driver does not have at least one hand on the wheel with “a controlled grip.” Fines $200 for text messaging and $75 for talking on a handheld cell phone. No points. Troy’s police remain in “education mode” about the law as of early November, Lt. David Livingston told HandsFreeInfo. Enforcement won’t begin until Jan. 1, 2011, due to “vendor issues.”

Police Capt. Gerry Scherlink found himself defending Troy’s distracted driving fines in early November, in the wake of charges that the city was ticketing to raise money: “The Troy Police Department utilizes problem solving in its approach to traffic safety. Traffic enforcement for the mere sake of issuing tickets for the so-called generation of revenue is not practiced by this department.” About 100 warnings have been issued since early October 2010.

State Rep. Lee Gonzales, D-Flint, sponsor of the original HS 4394, pushed the House to approve the Senate version of his bill, which happened on April 20. The Senate version of the texting ban called for primary enforcement; the House wanted secondary enforcement. Sen. Jud Gilbert, R-Algonac, pushed through the upgraded enforcement. The bill became law April 30.

Senate Floor Leader Samuel “Buzz” Thomas saw his SB 402 clear the full Senate on Jan. 26, 2010. The vote was 31-6. This is his second legislative attempt to end text messaging while driving.

(text continued)

“It seems like every month we read about another fatality — or near fatality — because someone was texting while driving,” said Thomas, D-Detroit. “This is ridiculous and it really needs to end.”

An amendment seeking to upgrade SB 402 enforcement to primary failed.

HB 4369 originally called for fines of $100 for cell phoning behind the wheel to $500 for texting. SB 467 and 468 came with $100 fines.

Ann Arbor’s proposed ban on handheld cell phone use and text messaging while driving passed its first reading on Feb. 17, 2010, but the matter was placed on hold a month later, pending another City Council vote. It also prohibits looking at electronic maps and GPS devices. The fine would be $125/$300 i fan accident results. Councilman Stephen Rapundalo, D-2nd Ward, is the sponsor. The mayor told the council not to wait on state legislation — “look at what happened with smoking.”

Supporters of the House text messaging bills include the State Police, AAA Michigan, Ford Motor Company and Verizon Wireless.

A school bus drivers association opposes SB 467, saying that the transit cell phone law as written could rule out use of future technologies that help drivers do their jobs. “We’re concerned about a blanket prohibition on data transfer,” said Paul Wegmeyer, chairman of the legislative committee for the Michigan Association for Pupil Transportation.

The Saginaw News editorialized in favor of State Rep. Gino Polidori’s cell phone and texting bill HB 4369:

Even if the Democrat-controlled House OKs it, the Republican-controlled Senate hasn’t given a similar bill so much as a committee hearing. That will change when the accident numbers pile up, when the deaths accumulate, when it starts to get personal. It’s just too bad we may have to waste so much time — and lives — until then.

Previous legislation:
HB 5117: The House voted to prohibit text messaging by drivers in a 68-32 vote on Dec. 4. The law would have prohibited drivers from reading, writing or sending text messages using wireless devices, including cellular phones. It did not advance in the Senate during the special session.

HB 5117 was introduced by Rep. Steve Bieda, D-Warren.

Also on Dec. 4, the House shot down HB 4982, which would require drivers making cell phone calls to use hands-free devices. Rep. Gino Polidori, D-Dearborn, said he would revive his legislation for the next legislative session. “The state has seat-belt laws to protect drivers, and we prohibit drunken driving to eliminate threats to other drivers and innocent bystanders. A cell phone restriction would serve both purposes,” Polidori has said.

Missouri: Cell phone laws, legislation

Legislative update: The Legislature had before it at least seven distracted driving bills in 2012, but with the session winding down, none is expected to come to a vote.

Most of the bills seek to ban text messaging by all drivers in Missouri. A general distracted driving bill has been filed as well.

The Senate considered both of the distracted driving bills before it. The House says it conducted several public hearings.

The city of Forsyth approved an inattentive driving ordinance on March 5, 2012. “We saw a big jump in distracted driving accidents,” Mayor Ron Potter says. Police reported that as many of 55 percent of accidents in 2011 were linked to distractions. The Forsyth law is now in effect with fines up to $500.

Current prohibitions:

• Drivers 21 or younger prohibited from text messaging.

Read the “21 or younger” texting statute.

2012 distracted driving legislation:
House Bill 1083: Seeks to outlaw text messaging while driving via handheld electronic wireless communications devices. Exempts voice-recognition technology such as those preinstalled in a vehicle. Infractions would be moving violations subject to points against a driver’s license. “Public hearing completed” April 2. (Wells)

HB 1148: Would prohibit drivers from using cell phones or text messaging unless a hands-free device is employed. (Gatschenberger)

HB 1334: Would bar any driver being paid to transport passengers from using handheld wireless communications devices. Hands-free operation OK. “Public hearing completed” March 28. (Meadows)

HB 1419: Would apply text messaging prohibition for drivers 21 or younger to all drivers. Prohibits traffic stops “solely to determine compliance” with texting law, meaning secondary enforcement. See SB 567, below. (Colona)

HB 1430: Seeks to ban text messaging for all drivers. Hands-free voice activated texting OK. (Kratky)

Senate Bill 567: Would apply text messaging prohibition for drivers 21 or younger to all drivers. Secondary enforcement. “Hearing conducted” by Transportation Committee on Jan. 25. (Wright-Jones)

SB 717: A general distracted driving bill. Violations occur if driver “fails to give full time and attention to the operation of the motor vehicle,” “fails to maintain a proper lookout” or strays from “the primary mission of driving.” Class C misdemeanor unless accident results, in which case a violation is a Class A misdemeanor. Latest legislative action: Approved by the Transportation Committee on Feb. 23 and now before the full Senate as an “informal calendar” item. (Stouffer)

2012 distracted driving notes:
State Rep. Tim Meadows says his plan to bar use of handheld electronic devices by for-hire drivers dovetails with the recent federal curbs on interstate truckers. “The government is already saying to the trucking industry that they’re not allowed to be on their cell phones,” said Meadows, D-District 101. “This should send a message to the rest of the public.” Meadows supports a statewide ban on handheld electronics use by all drivers.

A Jan. 25 hearing on Senate Bill 567 included supportive testimony from the Missouri Trucking Association, the Highway Patrol and the State Medical Association. Sen. Robin Wright-Jones, D-St. Louis, is the sponsor.

Rep. Don Wells, R-Cabool, returns with House Bill 1083, which would prohibit texting via handheld devices by all drivers. It’s a rerun of his HB 600 of 2011. Wells says he regretted supporting the current Missouri law that bans texting just for younger drivers. “Missouri was the laughingstock of the country for passing that law,” Wells said.

A two-day Distracted Driving Summit was held in Jefferson City on Feb. 16-17.

Driver inattention is listed as the No. 1 cause of traffic accidents in Missouri.

2011 distracted driving notes:
No distracted driving legislation survived the 2011 session. The House approved a plan to remove the “21 and under” restriction from the current texting & driving law, but time ran out on the bill.

The National Transportation Safety Board recommended a total ban on cell phone use by U.S. drivers following its probe of a distracted driving wreck in Missouri. A Missouri teenager sent and received multiple text messages just before he caused a chain of rear-end collisions that left two people dead and 38 injured, the NTSB reported Dec. 12. The August 2010 accident involved the teen’s pickup truck, a tractor-trailer and two school buses. The teenage driver and a student in one of the buses died.

In the legislature’s final days, House Bill 600 and Senate Bill 11 were the surviving measures that would have extended Missouri’s ban on teens texting while driving to all drivers, regardless of age. HB 600 incorporates HB 337 from Rep. Don Wells.

A House hearing on two plans to ban text messaging for all drivers reportedly found the committee siding with HB 337 from Rep. Don Wells, although no vote was taken. The idea of an overall texting ban “was almost universally well received,” the Post-Dispatch reported March 2. A similar bill that called for secondary enforcement (HB 317) generated less enthusiasm.

In 2009, state Sen. Ryan McKenna saw his legislation result in Missouri’s texting ban for young drivers. In 2010, his bid to extend the ban to adult drivers failed. McKenna, D-Crystal City, tries again in 2011 with SB 11 (above), which was approved by the Senate Transportation Committee on Jan. 26. Texting while behind the wheel is “a bad idea regardless of age,” he says. A House bill seeks the same sanctions.

Ryan says of the teens-only texting ban: “It makes horrible public policy to say if you are 22 or older, it is safe to text and drive.”

The Springfield News-Leader editorialized on Jan. 27: “Missouri Highway Patrol officers have urged a total ban on texting, and now lawmakers must step up.” Noting that the current ban only applies to young drivers, the paper wrote, “Well, we might get wiser as we gain driving experience, but our reflexes don’t generally work any faster.”

2011 distracted driving legislation:
HB 600 (incorporates HB 337, below): Would ban text messaging for all drivers in Missouri. Applies to use of handheld devices, but allows “voice-recognition hands-free texting.” Measure includes several unrelated bills. OK’d by the Crime Prevention and Public Safety Committee (March 3) and the Rules Committee (April 14). Latest legislative action: Approved by the House on a 103-44 vote taken April 26. Transmitted to the Senate and in the Judiciary Committee. Senate executive session marks bill “do pass” on May 9. Bill placed on “informal calendar” May 12. Bill dead for year. (Wells)

Senate Bill 11: Would extend the ban on text messaging by teen motorists to all drivers. Hands-free texting OK. Also allows communities to craft distracted driving legislation providing it is not more restrictive than the state law. Approved by the Senate Transportation Committee on Jan. 26 and sent to the Senate floor. Latest action: Do not pass recommendation issued by Ways & Means and Fiscal Oversight Committee on March 7. Scheduled for third reading May 9 in Senate as SCS for SB 11. Dead. (McKenna)

House Bill 93: Seeks to make the texting ban for drivers under 21 apply to all drivers. No action and “hearing not scheduled” as of March 1. Dead. (Shively)

HB 317: Would make text messaging illegal for Missouri drivers, regardless of age. Secondary enforcement. Latest action: Hearing before the House Public Safety Committee on March 2, but no vote taken. (Colona)

HB 337: Would ban text messaging for all drivers in Missouri. Applies to use of handheld devices, but not hands-free operation. Latest action: Folded into HB 600, above. (Wells)

2010 legislation (dead):
HB 2111: Text messaging ban would be extended to all drivers regardless of age under this broad transportation bill. Approved by the House on April 29 (102-9 vote). First-round approval by the Senate on April 26, with amendments unrelated to texting. Sent to Fiscal Oversight Committee.

SB 701: Would ban texting by all Missouri drivers. Moving violation with points. Cleared the Senate Transportation Committee on April 13. (McKenna)

Missouri House Bill 1202: Would prohibit text messaging by all drivers, regardless of age, on any paved road. (Kuessner)

HB 1205: Would outlaw text messaging by all drivers. (Schad)

HB 1276: Would bar all Missouri drivers from texting. (Wells)

HB 1315: Would outlaw text messaging by all Missouri drivers, regardless of age (Shivley)

Cell phone, texting notes (pre-2011):
In the 2010′s first six months, 17,535 accidents in Missouri had some link to distracted driving, the Highway Patrol said. There were 791 traffic crashes related to mobile phone use behind the wheel, with eight fatalities and 239 injuries.

Public Safety Committee Chairman Mark Bruns, R-Jefferson City, said none of the 2010 plans for adding adults to the texting ban advanced because, in part, it is too hard for police to tell if a driver is over 21. Bruns said enforcement was so tricky that there should be no texting ban in Missouri.

Cell phone use while driving contributed to more than 1,780 accidents in Missouri in 2009, the highway patrol reported.

Rep. Don Wells, R-Cabool, who sponsored another bill (HB 1276) that would have outlawed texting by all drivers, said of the existing teen ban: “That’s like saying, ‘You can kill yourself if you’re over 21.’ ” Wells owns a defensive driving school.

The Missouri State Highway Patrol launched an anti-text messaging campaign in July. The campaign’s logo features a “no texting” design. MSHP is offering window-cling decals to the public. Con-way Freight, a major employer in Missouri, promoted the campaign by featuring the no-texting logo on its Ford Fusion race car. (Con-Way prohibits texting by its drivers). Adults, however, are allowed to drive and text message in Missouri, party due to law officers’ concerns over enforcement. The highway patrol asked older drivers to “honor the letter and the spirit of the law.”

The superintendent of the Missouri Highway Patrol said Jan. 19 that only 13 tickets had been written as a result of the Missouri ban on texting by teenage drivers. Most came during accident investigations.

Missouri’s Department of Transportation has banned text messaging by its employees. The department is supporting efforts to outlaw texting for all Missouri drivers.

2009 legislation:

HB 62: Wide-ranging crime bill that includes a ban on text messaging while driving for drivers under the age of 21. Approved by the House and Senate and signed by the governor as part of an omnibus crime bill. Enforcement began Aug. 28.

SB 130: Would ban the sending of text messages while operating motor vehicles. The legislation against texting while driving was approved by the full Missouri Senate on March 11, 2009, after it was added to a larger transportation bill.

HB 26: Would prohibit use of handheld cell phones by motorists. Permits hands-free.

HB 92: Would prohibit drivers from using cell phones unless a hands-free attachment was employed.

HB 134: Would outlaw drivers’ use of cell phones unless a hands-free device was employed. Bans text messaging of all types.

SB 129: Would prevent school bus drivers from text messaging and using handheld phones.

2009 legislation notes:
Sen. Ryan McKenna, D-Crystal City, was the sponsor of both Senate bills.

Sen. McKenna saw his SB 130, which would ban text messages by motorists, approved by the Senate on March 11 after it was folded into a comprehensive transportation bill. It cleared the Senate Transportation Committee on Feb. 18.

Sen. Tom Dempsey, R-St. Peters, has been frustrated in past years with his cell phone safety legislation. He cites a “civil libertarian component” at work in the state, as found in resistance to laws requiring motorcycle helmets and seat belts, according to the Columbia Daily Tribune.

Cell phone bill sponsor Rep. Joe Smith is a Republican from St. Charles County. He sponsored a similar bill in 2008. Smith said many people can dial without looking, but that “basically we need a better system with dialing.”

Rep. Talibdin El-Amin, D-St. Louis, sponsor of HB 92, says of his constituents: “They know they talk on the phone and they know of a time they have been distracted. And then you hear the stories of people who have been killed because of it, and one is too many.”

The vice-chairman of the transportation committee indicated that it might not get around to the issues of electronic communications by drivers. “There is only so much time to get bills through,” said state Rep. Sally Faith, R-St. Charles.

Springfield reports that of the 146 crash reports in 2008, 44 percent of the crashes were due to cell phone use.

A Town and Country, Mo., alderman failed to find support for a city ordinance against driving and cell phoning. City lawmakers refused to take up the plan in August 2008, saying the issue needs to be addressed at the state level.

Alderman John Hoffmann told the St. Louis Post-Dispatch: “With a number of cell phone companies giving campaign contributions through straw parties and directly this isn’t about to hit the Missouri Legislature anytime soon for a vote.”

The local police commission urged the aldermen to instead push the state and county for a ban on cell phone use by drivers.

Kentucky: Cell phone laws, legislation

Cell phone, text messaging update: About 150 tickets were written in the first six months of active enforcement of Kentucky’s distracted driving law, local reports say.

Police began writing tickets Jan. 1, 2011. The ban on texting by all drivers actually took effect in July 2010. Statewide law also bans use of all personal communications devices by drivers under 18.

Fines for distracted driving citations are $25 (first offense) and then $50, plus court costs.

Current prohibitions:

• Text messaging prohibited for all drivers while the vehicle is in motion. Fines are $25 (first offense) and then $50, plus court costs.
• Use of personal handheld electronics banned for drivers under 18 years of age. (Fines same as above, plus drivers with restricted licenses must wait 180 days to apply for regular license.)
• School bus operators prohibited from unofficial use of cell phones while transporting children.

Distracted driving notes:
In 2009, more than 200 fatalities on Kentucky’s roads and highways were blamed on distracted driving. The total number of accidents pinned on inattentive drivers totaled 57,000.

2010 legislation:
HB 415: Outlaws text messaging for all drivers and bans the use of personal communications devices by motorists under the age of 18 with learner’s permits. Fines are $25 (first offense) and then $50, plus court costs. Approved by the House and Senate on April 1, and then signed into law by the governor on April 15. (Incorporates SB 23, below.) The law took effect July 15, with a warning period that lasts until the start of 2011. Latest action: Full enforcement began Jan. 1, 2011.

SB 23: Would prohibit texting while driving on Kentucky’s roads and highways. Would ban the use of personal communications devices by motorists under the age of 18 with learner’s permits. Bill was ported over to HB 415, above, and approved by the House and Senate. (Harper Angel)

HB 43: Would ban texting while behind the wheel. Also seeks to outlaw use of all personal communications devices by drivers under the age of 18 (amendment). Fines $20-$100. Approved by the House Transportation Committee on Jan. 26 and then by the full House on Feb. 4. Advanced to the Senate. (Richards)

HB 27: Would outlaw text messaging in Kentucky for all drivers and ban the use of cell phones by motorists under the age of 18. Fine of $50. (Nelson)

HB 232: Seeks to outlaw text messaging and use of handheld cell phones by all drivers. Cell phone use OK with a hands-free device. Fines $20-$100 after a first-violation warning. Did not clear committee. (Burch)

Legislation notes:
Gov. Steve Beshear’s signing of the new distracted driving law was no surprise. He said April 1: “The texting bill is a common-sense bill to protect all Kentucky drivers. Regardless of whether you personally text while driving, another nearby driver may be distracted by typing out a message.” He banned texting for state employees in 2009.

Rep. Tom Riner, sponsor of HB 415, said after it became law: “If citizens knew all the obstacles facing its passage, they would agree that the final passage of HB 415 was nothing short of a miracle.” Riner, D-Louisville, said the law was “guaranteed to save lives.”

Rep. Jody Richards, D-Bowling Green, saw his HB 43 clear the House Transportation Committee on Jan. 26, 2010, and then the full House on Feb. 4. The House vote was 80-16 with all opposition coming from Republicans. The text-messaging plan now goes to the Senate.

Rep. Keith Hall, D-Phelps, was opposed to HB 43 until the night before the vote. That’s when his wife was involved in a serious accident while distracted by her ringing cell phone. “That’ll give you an epiphany,” he told the House the next day. “That’ll give you a wake-up call.” Hall voted yes.

Sen. Denise Harper Angel, D-Louisville, author of the anti-texting plan SB 23, says: “Communicating through electronic devices has become important in our daily lives, but drivers need to understand the dangers of texting while driving. Statistics indicate that a person texting while driving is 23 times more likely to be involved in an automobile accident.”

Gov. Beshear on Dec. 16, 2009, issued an executive order prohibiting Kentucky government employees from texting while driving state vehicles. It does not cover drivers’ use of cell phones. “You can obviously continue to view the roadway while you are talking on the telephone. You have to take your eyes off of the roadway when you’re trying to text message,” Beshear said. “With nearly 34,000 civilian employees, state government can and should demonstrate leadership in reducing the dangers of text messaging while driving. I’m committed to leading by example.” The texting ban is now in effect.

Rep. Rick Nelson, D-Middlesboro, who introduced HB 27, was the author of last session’s HB 46 (below).

In the past two years, more than 400 people in Kentucky died in distracted driving-related accidents, a state report showed. In 2008, 24 teenagers died in Kentucky because of distracted driving.

2009 Kentucky cell phone / texting legislation:
HB 41 (BR 135): Would ban use of wireless communication devices by drivers not employing a hands-free device. Died in committee.

HB 46 (BR 267): Would ban use of all wireless communication devices by drivers under 18, regardless of whether a hands-free device is employed. Died in committee.

2009 legislation notes:

HB 41, from the 2009 session, called for the use of handheld personal communications devices as a secondary offense, with fines between $20 and $100. Including but not limited to cell phones and text messaging devices. The sponsor was Rep. David Floyd, R-Bardstown.

HB 46 was sponsored by Rep. Rick Nelson. The ban for drivers under 18 would have included cell phones and text messaging devices, regardless of whether a hands-free accessory is in use. Motorcycle and moped riders also would have been prohibited from use of wireless devices. Young offenders would have been subject to an additional 180 days of waiting to get a more advanced driver’s license.

“(Teen drivers) are at a stage of their driving career where they’re not as experienced,” Nelson said. “So maybe we can save some teenage lives and stop some accidents.”

Lexington Herald-Ledger columnist Tom Eblen wrote about texting and cell phone laws: “Remember when drunken driving was treated with a wink and a nod? It took high-profile campaigns by Mothers against Drunk Driving and other groups to make it socially and legally unacceptable.

“What will it take to make us acknowledge the danger of gadget-impaired driving?”

Georgia: Cell phone laws, legislation

Cell phone legislation news: Only one bill was filed for the 2011-12 General Assembly sessions seeking to ban use of handheld cell phones while driving. It died in the House. Use of cell phones would have been permitted with hands-free accessories.

Georgia’s ban on text messaging is in effect with $150 fines. Cell phone use by drivers under 18 also is prohibited. Both were results of the 2010 General Assembly session.

Current prohibitions:

• Text messaging banned for all drivers. Fines of $150.
• Drivers under the age of 18 prohibited from using cell phones, regardless of whether a hands-free device is attached. Also bans computer use. Fines of $150.
• School bus operators prohibited from using cell phones while driving, if passengers are present.

2011-12 legislation:
HB 67: Would have outlawed use of handheld mobile phones while driving. Died after second reading. (Mayo)

2011 distracted driving notes:
The Georgia Chapter of the National Safety Council isn’t going to bat for HB 67, which would ban handheld cell phone use but allow calls using hands-free accessories. “Just going to a hands free (device) does not improve safety,” Robert Wilson said. “The distraction is not the physical phone, it’s the conversation.”

2010 session legislation (successful):
SB 360: Would outlaw text messaging and related activities on cell phones while driving. Specifies the ban would not apply to cell phone calls. Fine $150. Also would prevent young drivers with instructional licenses from applying for a regular license if guilty of two texting violations in a year. Approved by the Senate on March 18. Approved by the House (131-19 vote) on April 27 and sent to the governor. Signed by the governor on June 4. Took effect July 1. Latest action: After a one-month delay in writing tickets, enforcement began Aug. 1. (Murphy)

HB 23: Would prohibit drivers with restricted licenses who are under 18 from using wireless devices such as cell phones and texting units. Fines up to $150 plus possible license suspension. If driver is found at fault in an accident, fine would double and license would be suspended. Approved by the Georgia House on March 12, 2009, but stalled in the Senate after a second reading in March 2009. “Recommitted” in Senate as of Jan. 11, 2010. Approved by the Senate (47-0 vote) on April 27. Signed into law by the governor on June 4. Went into effect July 1. Latest action: After a one-month postponement, enforcement began Aug. 1, 2010. (Ramsey)

More 2010 session legislation:

HB 938: Would restrict all drivers from text messaging. Drivers under 18 also prohibited from using cell phones while driving. Fines $50 to $100 plus two points. If driver is found at fault in an accident while texting, fine would double and license would be suspended. Under-18 drivers would lose license for 90 days on first offense, then six months. Directs law officers to note use of wireless communications on accident form. Approved by the House on March 26 in a 134-31 vote. (Peake)

Georgia House Bill 945: Would outlaw use of cell phones and related texting devices by all drivers while operating a motor vehicle on state roads and highways. Fines up to $300. (Amerson)

HB 944: Would prohibit drivers from texting and emailing. Fines up to $300. (Amerson)

HB 940: Limits students’ use of electronic devices, including cell phones, while on a school bus. Drivers are already barred from using cell phones. This bill’s main target is bullying. (Hugley)

SB 306: Exempts hands-free devices such as Bluetooth headsets from the state law prohibiting use of headphones while driving. Passed by the full Senate on Jan. 28, 2010. (Heath)

SB 327: Sseeks a ban on text messaging and using handheld cell phones while driving. Primary enforcement. Fines $175 then up to $500. One driver’s license point, then two. (Thompson, Thomas)

2010 legislation notes:
Enforcement of the Georgia distracted driving laws that went into effect July 1 was delayed until Aug. 1 due to an “administrative decision” by the Georgia Department of Public Safety. Violators are now subject to $150 fines.

Suspense hung over the text messaging and cell phone laws approved by Georgia’s Legislature as the governor fretted over enforcement issues. Safety advocates and students lobbied successfully in the final days of the legislative session for him to sign the bills. Gov. Perdue said June 2 of the SB 360 texting ban: “I’ve got some concerns over the enforceability of that. … None of this business is black and white.”

Rep. Allen Peake, who sponsored similar legislation, said that Perdue had threated a veto but saw the light: “I think you have to look at it from this standpoint. The benefits significantly outweigh the negatives and the concerns about law enforcement.”

State media reported that Perdue cut a deal with lawmakers that his concerns about enforcement would be addressed via new legislation next year. “Therein lies a potential problem,” the Athens Banner-Herald editorialized June 8. “It’s certainly possible that, in addressing Perdue’s concerns, lawmakers could cause additional confusion. … (They) might be well advised to leave well enough alone when it comes to the new law on texting while driving.” (Perdue will not be in office in 2011.)

The successful measure SB 360 also is known as the “Caleb Sorohan Act for Saving Lives by Preventing Texting While Driving,” in memory of a Dahlonega teen killed in a texting-related crash. The bill notes that “virtually every driver in Georgia now possesses” a cell phone.

Rep. Amos Amerson, R-Dahlongea, says he was inspired to file the anti-text messaging Georgia House Bill 944 by friends who lost their grandson in a texting-related accident over the holidays.

Sponsor Sen. Jack Murphy, R-Cumming, said: “My bill started out just to ban teenage texting, but as we went on, we got more feedback from constituents saying, ‘Hey, why doesn’t this apply to adults?’”

A driver who was cited for driving while using a hands-free headset inspired SB 306, which modernizes the Georgia law against the wearing of headphones while operating a motor vehicle. Sponsor Sen. Bill Heath, R-Bremen, saw his bill become the first legislation passed by the Senate in the 2010 session. “Drivers who want to be safe on the road and use hands-free devices should not be penalized for using good judgment,” he said. The law predated widespread use of wireless telecommunications devices.

2009 legislation (inactive)
HB 19: Would create distracted driving penalties for motorists who were using cell phones at the time of an accident, with or without hands-free devices. One-point penalty and up to $500 fine upon conviction. Appears dead.

HB 21: Would ban drivers with learning permits (instructional or provisional) from using cell phone, with or without hands-free devices. One-point penalty upon conviction. No action — see HB 23.

Georgia cell phone/texting legislation notes:
“It doesn’t matter if you’re a teenager or an adult. You’re still dangerous to other people,” says Rep. Amos Amerson, R-Dahlonega, whose HB 945 would ban texting by all drivers regardless of age.

Senate Majority Leader Chip Rogers, R-Woodstock, says he’ll “be happy to look at” evidence showing text messaging while driving is dangerous. He plans to focus on property tax issues in 2010.

HB 23, which was approved in the House on a 138-34 vote, calls for fines of $50 to $100 and two points on the offender’s driving record. An accident caused by a teen using a cell phone would result in a loss of license for three months or until the driver turns 18.

HB 23 was sponsored by Reps. Matt Ramsey of Peachtree City, Edward Lindsey of Atlanta and Tom Rice of Norcross (all Republicans). “If the law is enacted and proves successful, it will bolster the case for further efforts to reduce distractions among all drivers,” Ramsey wrote on his legislative blog. Of a ban on handheld cell phones for all drivers, he wrote, “I would not be optimistic it would pass this year.”

Cell law inspiration: Ramsey notes he was run off the road by a high school student talking on a cell phone while driving.

Rep. Mary Margaret Oliver, D-Decatur, has been a driver of cell phone driver legislation in Georgia. She filed the bills HB 19 and 21 for the 2009 legislative session, but they were not approved. Her HB 174, banning use of cell phones by teen drivers, also failed to become law in 2007.

Georiga’s law preventing school bus drivers from using cell phone while on the road was enacted in August 2007.

Kansas: Cell phone laws, legislation

Cell phone, texting news: At least one piece of distracted driving legislation is under consideration in 2012: a plan to outlaw use of handheld cell phones by school bus drivers.

Kansas has no limits on cell phone use by adult drivers. The state’s ban on text messaging while driving took effect Jan. 1, 2011. No cell phone legislation advanced in the 2010 or 2011 sessions.

Current prohibitions:

• Drivers with restricted licenses banned from using wireless communications devices.
• Text messaging outlawed for all drivers. Fine $60.

Distracted driving legislation (2012):
HB 2500: Would prohibit school bus drivers from using hand-held wireless telephones while on the road. Exempts communications with dispatchers. Fines: $50 (first offense) then $100. (Transportation Committee)

Distracted driving notes (2012):
In 2011, Wichita police wrote 34 tickets under the state texting & driving law. Most went to adults.

2011 distracted driving notes:
The city of Manhattan voted to retain its ban on handheld cell phones. Two commissioners wanted to bring the city into alignment with state laws, which permit cell phone use by adult drivers. The June 7, 2011, vote against the repeal was 3-2. The mayor and the county police department both opposed the plan to drop the cell phone ban.

2010 legislation:
Senate Bill 300: Would ban text messaging while driving. (Originally only a vanity license plate measure.) Amended and approved by the Senate on May 10 and sent to the governor, who signed it into law on May 24. Latest action: This texting law took effect Jan. 1, 2011.

Senate Bill 351: Would outlaw texting for all drivers in Kansas. Fine $100. Approved by the Senate Judiciary Committee on Feb. 16 and then by the full Senate on Feb. 19. (Emler/Committee on Ways and Means)

House Bill 2439: Would prohibit text messaging and related activities for Kansas drivers. $100 fine. (Sponsored by the Transportation Committee)

House Bill 2441 Seeks to ban text messaging and emailing by all drivers. (Appears identical to SB 351, above) (Committee on Appropriations)

2010 legislation notes
The Senate approved SB 300 in the late hours of the legislature’s final day. The ban on sending and receiving text messages while driving was added to a bill that originally made changes to Kansas’ vanity license plate operation.

During the full Senate debate on the anti-texting bill SB 351, an opponent called the plan “popular, but dumb.” Sen. Jay Emler, R-Lindsborg, who drafted the measure, replied: “I don’t give a rat’s rear about being popular. It was drafted to save lives.” The Senate’s vote of Feb. 19 was 34-6.

No one spoke against HB 2439 in its Transportation Committee hearing on Jan. 19. The Highway Patrol and the Peace Officers Association both spoke in favor of the text messaging ban for all Kansas drivers.

2009 legislation
HB 2143: Would ban holders of learner’s permits from using wireless communications devices while driving (part of larger bill addressing young driver safety). Signed into law by the Kansas governor in late March. Took effect Jan. 1, 2010.

HB 2132: Would prohibit the sending, writing or reading of text messages while driving.

Kansas cell phone/texting legislation notes:
HB 2143 (substitute), the teenage driving legislation, was approved by the Kansas Senate and House, and then signed by Gov. Kathleen Sebelius in late March. The cell phone ban was one of several new restrictions on young drivers in the legislation. The teen cell phone ban went into effect Jan. 1, 2010. This is the first move by Kansas to restrict cell phone use by drivers.

The Topeka Capital-Journal endorsed the proposed text messaging ban HB 2132, saying, “One aspect of the bill we particularly like is that it treats minors and adults equally, unlike some other attempts to regulate the use of cell phones while driving.” The proposed fine for unlawful texting would be $60.

In Kansas, cell phone-related accidents killed seven people and injured 161 in 2007, according to the state Department of Transportation.

A Kansas University professor reports that 72 percent of the 321 KU students surveyed said they texted while driving.

Lawrence, Kan., received national attention in 2006 for a proposed ban on use of cell phones by drivers. The plan died in committee.

Recent cell phone/texting legislation
HB 2706: Would have required that “no person while driving a motor vehicle shall be so distracted as to interfere with the safe operation of such motor vehicle. Activities include using personal communication technologies.” Last seen in committee.

HB 2705: Would have prohibited text messaging while driving. Last seen in committee.

HB 2118 would have required hands-free devices for drivers (2007). Died in committee in May 2008.

Washington state: Cell phone laws, legislation

Cell phone/texting news: No new distracted driving legislation has been filed for the 2012 session, except for a pair of bills seeking to exempt truckers from the texting and driving ban if they are pulled to the side of the road with the motor running.

Texting and using handheld cell phones while driving are targeted with “primary enforcement” as of June 10, 2010. The Washington state House and Senate butted heads over the plan to toughen existing distracted driving laws, but the measure finally was approved and signed by the governor.

Washington’s upgrade to primary enforcement has been good for the traffic ticket stats: The number of distracted driving citations is more than five times as high since the law changed, according to the Murrow News Service. That’s 6,850 tickets from mid-June 2010 to mid-May 2011, compared with 1,344 in the same stretch of time beginning in 2009.

Current restrictions:

• Drivers are prohibited from holding cell phones and other wireless communications devices to their ears.
• Teenage drivers are barred from using all cell phones and other wireless communications devices.
• Drivers are prohibited from text messaging.

Washington cell phone, texting notes (2012):
The Washington Traffic Safety Commission says 1,300 crashes were linked to electronic distracted driving from 2006 to 2010. Between 2004 and 2008, distracted driving in Washington State contributed to 758 deaths. In the period 1998-2007, 18 percent of fatal crashes were blamed on “inattention.” The commission points out that collision data collected by crash investigators significantly underreports driver distraction.

King County was by far the worst county for distracted driving deaths between 2004 and 2008, traffic safety researchers say.

Distracted driving legislation (2012):
House Bill 2736: Would separate commercial and “noncommercial” drivers with regard to text messaging law. Specifies that the driver of a commercial motor vehicle can text while pulled off to the side of the road with the motor on or off. Defines texting as a “serious traffic violation.” Amended and approved by the House Committee on Transportation on Feb. 6 (amendment removed exemption for some school bus drivers). Approved by the House in a 95-0 vote taken Feb. 11. (Department of Licensing via Hansen)

Senate Bill 6534: Companion bill to HB 2736, above. (Department of Licensing via Eide):

2011 legislation:
HB 1103: Revises wording of state prohibitions on video devices in vehicles. Ban would apply only to use of video devices visible to the driver, with the exception of live images of vehicle backing up. Approved by the House in a 90-3 vote on Feb. 22, and then amended and approved by the Senate in a 48-0 vote April 1. The House concurred April 18 (97-0) and the bill was signed by the governor May 16. Law took effect July 22, 2011. (Kristiansen)

2010 legislation:
Washington State Senate Bill 6345: Would make text messaging and holding a cell phone to the ear while driving primary offenses, toughening the existing state law. Also would prohibit drivers with instruction permits or intermediate licenses from using cell phones or text messaging. Fine of $124. Companion bill to HB 2635, below. Approved by the state Senate on Feb. 5, 2010, and then by the House Transportation Committee on Feb. 24. Approved by the full House on March 3, but without the primary enforcement status for adult cell phone violations. On March 6, the Senate rejected the House’s watered-down version of the bill and sent it back to representatives. The House agreed to the Senate’s version on March 11 and the measure was signed Gov. Chris Gregoire on March 26. Latest action: Primary enforcement of the Washington state distracted driving law began June 10. (Eide)

Washington State House Bill 2635: Companion bill to SB 6345, above. Fine of $124. Heard in House Transportation Committee on Jan. 18. (Carlyle)

Washington cell phone, texting notes (pre-2012):
An insurance company poll of Washington state drivers found 83 percent supported the current $124 fine for texting while driving or thought it should be higher. Only 11 percent thought the fine was too high. The poll by PEMCO reported that up to 80 percent of the state’s drivers are unaware that distracted driving tickets are not part of their driving records. “Perhaps that’s not a bad misperception, if it discourages almost half of all drivers from texting and talking,” a PEMCO spokesman said Aug. 18.

Drivers ticketed for handheld cell phone use in the three weeks after the new law took effect could be in for a dismissal and refund. The fault lies with the Washington State Department Of Licensing, which failed to update its register of motor traffic laws. Affected jurisdictions include Federal Way, Olympia, Bremerton, Puyallup and Lacey. Tickets issued there between June 10 and July 1 (2010) are eligible for dismissal upon request by the driver.

The Washington State Patrol said it issued 670 tickets to distracted drivers in the 20 days after the tougher penalties went into effect June 10, 2010. Cell phone use brought 633 tickets and texting resulted in 34. About 500 warnings also were issued in that period.

The 2008 distracted driving law has lowered the number of accidents attributed to handheld electronic devices, the State Patrol says.

State Sen. Tracey Eide, D-Federal Way, saw her bill approved by the Senate and House, but the upgrade to primary enforcement for violations of the adult cell phone ban initially was defeated in the House. Representatives reconsidered on March 11 and the plan went to the governor, who signed it March 26.

“I’ve fought for this for 10 years, and sometimes I thought this day would never come,” Eide said after the bill cleared the Legislature. “Maybe now people will pay attention to their driving instead of their conversations.”

Eide led the Senate in rejecting the House’s new version, in an unusual Saturday session on March 6.

After the Senate passed SB 6345, she said: “It’s becoming an epidemic, people are not paying attention, and it’s extremely serious.” The vote was 33-15.

Eide sponsored the state’s 2008 hands-free law for cell phone use.

In 2009, more than 1,600 tickets were written for violations of the handheld cell phone ban, the state patrol said. About 230 people received tickets for texting while driving.

Eide’s bill also would cover primary enforcement for text messaging while driving and eliminate cell phone use entirely for drivers with learners permits or intermediate licenses. has the companion bill, HB 2635.

During SB 6345 debate in the Senate Transportation Committee, a student crossing guard testified as to the dangers of his job due to adult drivers distracted by their cell phones.

“Studies show that texting drivers are as dangerous on the road as drivers with a blood-alcohol level of .16 — twice the legal limit,” Eide said in a statement. “When you consider that two-thirds of teen drivers say they text and drive, we’ve got a critical public-safety issue on our hands. We need to strengthen our laws.”

In testimony before the House Transportation committee on Jan. 18, HB 2635 sponsor Rep. Reuven Carlyle, D-Seattle, said: “In Washington state, 97 percent aware (driver cell-phoning and text messaging are) against the law, but it is flouted because it’s a secondary offense.” State Patrol Chief John Batiste testified in favor of the bill, likening the offenses to drunk driving.

The text-messaging ban went into effect Jan. 1, 2008. The hands-free law became effective July 1, 2008, the same day as California’s heavily publicized cell phone driving law.

The fine for using a cell phone without a hands-free device is $124, but drivers must have committed another infraction to get that ticket. (See 2010 legislation, above.)

One year after the cell phone driving law took effect, the State Patrol reported these numbers: 4,939 drivers were stopped for use of handheld cell phones and 1,659 were ticketed. The majority of stops resulted in warnings. For text messaging, the State Patrol said 577 drivers were pulled over and 221 tickets were written. The number of collisions attributed to use of handheld devices fell from 1,118 (2007) to 827.

The 2009 Legislature adjourned on April 26, 2009. No bills concerning cell phones or text messaging were considered.

Washington state drivers’ attitudes about the cell phone driving law are being tracked by the insurance company PEMCO. In February 2008, before the law went into effect, a poll of drivers found that 60 percent of them believed motorists’ use of a handheld cell phone should be a primary offense. Three months after the law took effect, 50 percent replied that should be a primary offense.

“Perhaps not surprising, younger drivers are significantly more likely than their older counterparts to prefer that the law remains a secondary offense,” the PEMCO pollsters reported. “For their part, younger drivers are also more likely to admit that they talk on the phone only if they don’t see a law enforcement person nearby (19 percent versus 4 percent).”

Texting law leader: Washington was among the first six states to outlaw text messaging while driving. As of summer 2009, 14 states have adopted texting bans for motorists.

The prohibition of using hands for cell phone use while driving was signed by the governor in May 2007.

Wisconsin: Cell phone laws, legislation

Cell phone, texting update: State Rep. Peter Barca’s plan to ban use of all cell phones by teen drivers has been approved unanimously by the House and Senate. The governor’s office said March 14 that he has not decided whether to sign the measure (Assembly Bill 291).

Barca, D-Kenosha, pushed through AB 496, the 2010 measure that became Wisconsin’s anti-texting law. Wisconsin was the 25th state to outlaw texting while behind the wheel.

At least three distracted driving bills were filed for the 2011-2012 legislative session (below). None seeks to ban use of handheld cell phones by all drivers.

Current prohibitions:

• Text messaging outlawed for all drivers. Fines from $20 to $400 with a possible 4 points against the driver’s license.
• The state outlaws distracted driving, or “being so engaged or occupied as to interfere with the safe driving of that vehicle.” The fine is $173 and 4 points.

Distracted driving notes:
Wisconsin’s new ban on text messaging while driving specifically prohibits the writing and transmitting of messages while the vehicle is in motion. It does not outlaw the reading of text messages or use of the Internet. Police say they’ll fall back on the inattentive driving law if other activities on handheld electronic devices lead to unsafe behaviors.

Law officers in Green Bay have written two tickets in the first 11 months of the state’s texting and driving law. Police and deputies blame the texting law itself, which allows typing on handheld devices in order to make a cell phone call. Wisconsin Assembly Bill 496 sponsor Rep. Peter Barca told WBAY: “The goal of the text-messaging ban was not to be able to issue all kinds of citations to make revenue for our community. It really was to try to help communicate how dangerous of a practice it is to text while driving.”

State Rep. Dean Kaufert, R-Neenah, correctly predicted that legislation limiting use of cell phones while driving would not succeed in 2011. “Many legislators were reluctant to go any further (at the time of the texting ban’s approval),” he told Gannett Wisconsin. “There’s not a huge outcry to ban cell phones.”

State officials say 18 percent of Wisconsin’s vehicle crashes in 2009 were caused by distracted drivers.

2011-2012 distracted driving legislation:
Assembly Bill 291: Would prohibit use of all cell phones and other wireless handheld communications devices by drivers under the age of 18 with probationary licenses and instruction permits. Fines: $20-$40 (first offense), then $50-$100. (Original bill’s fines were $50, then $50-$100.) Amended and then approved by the Assembly in a unanimous vote of Feb. 21. Approved by the Senate Transportation Committee in a 4-1 vote taken March 12. Latest legislative action: Approved by the Senate (without changes) on March 13. Governor apparently undecided. (Bernier, Petrowski)

AB 131: Would prohibit a school bus driver or any driver involved in “pupil transportation services” from using a cellular telephone or other wireless telecommunications device while the vehicle is on the roadway or loading or unloading passengers. Fine: $200 then up to $500. With second conviction, loss of school bus license for six months. (Kerkman)

AB 206: Would add cable TV and satellite TV to current prohibition against drivers’ viewing of broadcast signals. Also prohibits drivers from viewing “fluctuating images” (catch-all term). Creates category of inattentive driving targeting any viewing of entertainment content by drivers. (Bies)

2010 legislation:
Wisconsin Assembly Bill 496: Would outlaw text messaging while driving. Fines from $20 to $400 (formerly $100-$800). The Assembly Transportation Committee voted 12-0 to approve the bill on Nov. 10, 2009. Approved by the full Assembly on Jan. 19, 2010, and sent to Senate, which amended and signed off on the bill April 13. Final approval came in the Assembly on May 4 and AB 496 was sent to the governor, who signed the legislation May 5. (Barca)

Wisconsin Senate Bill 103: Would prohibit use of text messaging devices while driving on state roads and highways. Approved by the state Senate in a 27-5 bipartisan vote on Oct. 20, 2009. The Assembly approved its version, AB 496, above, on Jan. 19. (Lasee)

AB 341: Would prohibit any under age 18 who is driving under an instruction permit or probationary license from using a cell phone of any kind, or other wireless telecommunications devices if they are not installed in the vehicle. Last seen in Assembly Rules Committee. (Pasch)

SB 91: Would ban school bus drivers from using cell phones or other wireless communications devices while transporting students. Approved by the Senate Transportation Committee in a unanimous vote on Sept. 16, 2009, and sent to the Rules Committee. (Carpenter)

SB 355: Seeks to outlaw text messaging while driving. Sent to Senate Transportation Committee on Oct. 16, 2009. (Lehman)

2010 legislation notes:
Rep. Peter Barca, D-Kenosha, saw his anti-text messaging legislation AB 496 approved by the full Assembly in an 89-6 vote on Jan. 19. The Senate passed its version, SB 103, in October. Fines and penalties are the only differences of note between the two bills.

“We don’t foresee a problem with the Barca bill,” a spokeswoman for state Sen. Russ Decker, D-Weston, told the Wisconsin State Journal in a story on the text messaging bill passage.

Assembly Majority Leader Tom Nelson, D-Kaukauna, made it a priority to schedule a vote on the text messaging bill AB 496 when the 2010 session began.

The Wisconsin teen-driving bill, AB 341, would bring fines of up to $40 for a first offense and up to $100 for subsequent violations in the same year. Sponsor Rep. Sandy Pasch, D-Whitefish Bay, is not in favor of expanding the bill to include all drivers. “Many people are still reluctant to give up their cell phones, despite the evidence.” The bill received an Assembly committee hearing on Sept. 10, 2009.

The text messaging bill SB 103 would bring fines of between $100 and $400 for first offenses; between $200 and $400 for subsequent offenses; and between $300 and $2,000 for causing bodily harm while texting. 30-day jail terms could apply for injury accidents. State Sen. Alan Lasee, R-De Pere, is the sponsor. The bill was approved by the transportation committee on July 17, 2009. Lasee agreed to change the bill to include just drivers under 18, but Republicans pushed for the plan to cover all drivers before passage on Oct. 20. The text messaging ban was sent to the Assembly and approved by its Transportation Committee.

A similar bill on driving while text messaging — SB 355 — passed the Senate but ultimately failed last year.

“It does not take a rocket scientist to come to the conclusion that text messaging is one of the most dangerous things that one can do while driving,” Lasee has said. “This is no different than writing out Christmas cards to your family while driving down the road, and it is an accident waiting to happen.”

The city of Black Rock is considering a ban on cell phone use for all drivers.

State Rep. Jerry Petrowski, R-Marathon, has three times proposed bans on teenage drivers using cell phones and text-messaging devices.

Here’s a scary one: Two teenage girls in the Town of Rietbrock were both cited for driving while drinking and text messaging. They crashed their car and it rolled over. Apparently the passenger was steering while the driver text messaged.

Regional ordinances
Waupaca County has banned handheld cell phone use by drivers and text messaging, but the sheriff has refused to enforce the mobile phone ordinance. “I think the right way to go about it is statewide,” Sheriff Brad Hardel said. “I would prefer to use it as a warning and educational device at this point.”

The city of Kenosha has banned text messaging while driving. The ordinance was approved in November 2008.

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