Multimedia cars on parade at CES

This year’s CES confirmed that automakers are indeed quickening the pace toward making their vehicles hubs of electronic information and entertainment.

“Connected vehicle” systems and safe-driving technologies co-existed and co-mingled at the 2011 Consumer Electronics Show in Las Vegas.

Toyota and Hyundai unveiled new wireless communications and data systems for their vehicles, while GM’s popular OnStar service announced it was expanding into other carmakers’ vehicles.

Ford rolled out its first electric car, with “wireless connected vehicle services” designed by partner Airbiquity.

“The car of the future is part of the mobile (electronics) world,” said Audi AG chairman Rupert Stadler. “And that is the future we are driving toward.”

Stadler used part of his CES keynote speech to talk up Audi’s multimedia interface platform, which delivers navigation, communications and entertainment.

The U.S. Department of Transportation has expressed concern over the spread of Internet-based wireless systems that could worsen the nation’s distracted driving problems. Carmakers respond that technology such as voice-recognition software actually makes for safer driving.

“There are many integration, compatibility and driver distraction issues that will need to be resolved, but we will start to see (more of) these technologies in cars in the very near future,” says Doug Newcomb, a senior editor at Edmunds.com who is covering CES.

Newcomb pointed to growth areas as in-car Internet; smartphone integration with dashboards; smartphone apps that extend the in-dash offerings to other locations; and more “telematic” services similar to GM’s OnStar navigation and information system.

OnStar plugged its upcoming app for Android smartphones that will read drivers’ incoming text messages, check for Facebook updates and allowing for voice-commanded responses. An iPhone version is expected after the Android app’s debut sometime this summer.

Toyota trumpeted its new “Etune” electronics system, also designed to import Internet content via smartphone apps. Content providers so far include Bing, OpenTable, MovieTickets.com and Pandora. “Bring the power of a decision engine to your car with Bing,” the carmaker urges.

Rollout for Etune begins in the later part of 2011. Toyota vehicle buyers get a free subscription to the service for three years.

Hyundai unveiled Blue Link (pictured), a budget telematics system about to go public on its Sonata model (sometime this spring) and Veloster (summer). Eventually it will be available on all vehicles, the South Korean carmaker said.

Hyundai’s Blue Link multi-tiered service includes auto-crash notification and consumer-friendly information such as restaurant reviews and gas prices. It will be more dependent on voice-triggered responses than live operators, and plans to undercut GM’s OnStar, which starts at about $300.

OnStar, meanwhile, said it would make its interactive services available in the consumer aftermarket, meaning owners of most vehicle makes and models can add the subscription product. Plans are to make the rear-view-mirror-based system available for the 20 best-selling vehicles in the U.S.

Pioneer Corp. was in town courting software developers with partner tech guidelines for its PAIS system (platform for the aggregation of Internet services), a voice-controlled device portal that can be used in vehicles.

Chrysler and technology parter Garmin (of GPS fame) were in town with their uConnect Touch navigation system, which recently expanded to numerous models. Garmin’s navigation can do tricks like speaking street names and answering the question “Where am I.”

Like Ford’s Touch Sync system, uConnect works via smartphone connectivity. It utilizes an 8.5-inch screen and has entertainment features from Panasonic. (In the small print, Chrysler says the system is not for use while the vehicle is in motion.)

On the safety-first side, a new consumer safety product from Iteris and Audiovox combines lane-changing and forward-collision warning systems.

Drivers are alerted when drifting into another lane or following too closely. The technologies have been available on some premium vehicles and trucks. The new system, which will cost about $600 installed, operates via a compact camera and onboard computer.

“We think driver safety is a major new growth opportunity for the auto aftermarket,” said Audiovox chief Tom Malone.

ZoomSafer, meanwhile, showcased “FleetSafer Vision,” which helps fleet owners monitor drivers’ wireless communications use.

FleetSafer Vision crunches data from the vehicle (location, speed, etc.) along with mobile wireless communications data (phone calls, text messages) and other information (weather, traffic, etc.) so fleet operators can “measure and remediate risky behavior and reinforce good behavior.”

ZoomSafer already markets software that prevents drivers from texting while driving, but it only works with smartphones. The new product hooks up telematics-equipped vehicles regardless of the phone used by the operator.

Another telematics outfit, Inthinc, copped a CES Innovations Design and Engineering Award for its teen driving safety system, tiwiFamily. It allows parents to monitor cell phone usage, speeding and other dangerous activities.

Taser, known for its law enforcement tools, was selling its “Protector” safe driving system, which locks down cell phones, texting and Internet use while a vehicle is moving. Parents can decide if hands-free cell phone use is allowed.

Last year’s CES sponsored a session called “Drivers, Consumer Electronics, and Highway Safety: How Can Technology Help?” focused on distracted driving. Input came from executives of Safe Driving Systems, Illume Software, ZoomSafer Inc., Tomahawk Systems, Marketing, Best Buy Mobile, TxtBlocker and Global Traffic Network.

Massachusetts texting ban goes live

Massachusetts’ ban on text messaging is now in full effect. Police are writing tickets, but the lucky might get a warning — for a while.

The new law prohibits all drivers from texting while behind the wheel and bans use of all cell phones by drivers who are 16 and 17 years old. The young drivers are barred from using a variety of devices (TVs, video, PCs) under the heading “mobile electronic devices.”

The fines for adults are $100 (first offense), then $250 and $500.

Fines for drivers under 18 are $100 plus 60-day license suspension and youth traffic school (first offense), then $250 with six-month suspension and then $500 with a one-year suspension.

These distracted driving offenses are not considered moving violations and do not affect insurance premiums. Enforcement is “primary,” meaning police can stop and cite texting motorists for that reason alone.

More warnings were handed out than $100 fines on day 1, local reports said.

Meanwhile, Maryland’s law prohibiting handheld cell phone use while driving hit the streets as of Oct. 1. It calls for “secondary enforcement” and fines between $40 and $100.

And Connecticut’s tougher penalties for distracted driving officially went into effect Oct. 1. Fines are now $100/$150/$200 instead of the previous $100. No more forgiveness for first-time offenders.

In Massachusetts, as the new law took effect, the Boston Globe editorialized:

“There’s no defense for the practice; if a text message is so urgent that it must be read (or written) immediately, it’s also urgent enough to merit pulling over. … For now, the new law will at least raise awareness of the dangers of texting while driving. And in time, social pressure will help more and more drivers recognize the practice as the narcissism-induced safety hazard that it is.”

Gov. Patrick signed the Massachusetts distracted driving bill into law on July 2: “Texting is one of the riskiest distractions that endangers public safety and today we are joining other states by saying it will no longer be tolerated,” he said at the ceremony. The signing’s audience included people who lost family members to distracted drivers.

The new law is the result of a compromise between the Massachusetts House and Senate. There were significant differences in their distracted driving plans. The compromise, apparently, was the House dropping its ban on handheld cell phone use for adult drivers and the Senate agreeing to (separate) watered-down restrictions on elderly drivers.

State Sen. Mark Montigny, D-New Bedford, wasn’t pleased with that deal: “I first introduced a (distracted driving) bill six years ago, and since that time, the only thing that has changed is more people have died or been seriously injured,” he told South Coast Today as the law took effect Sept. 30. “To celebrate (the new law), as many have, is unfortunate, as this is years overdue.”

Chapter 90, Section 13B of the Massachusetts General Laws reads as follows:

(a) No operator of a motor vehicle shall use a mobile telephone, or any handheld device capable of accessing the internet, to manually compose, send or read an electronic message while operating a motor vehicle. For the purposes of this section, an operator shall not be considered to be operating a motor vehicle if the vehicle is stationary and not located in a part of the public way intended for travel.

(b) A violation of this section shall be punishable by a fine of $100 for a first offense, by a fine of $250 for a second offense and by a fine of $500 for a third or subsequent offense.

(c) A penalty under this section shall not be a surchargeable offense under section 113B of chapter 175.

Bus driver steers with elbow, reads Kindle

This king of distracted driving was busted by a passenger during rush hour in Portland. The driver was put on leave while TriMet transit investigates.

Drivers: We’re texting, talking less

U.S. drivers have cut back on talking and texting, thanks in part to distracted-driving laws, legislation and awareness, according to a new survey.

Nationwide Insurance reports that about 40 percent of drivers who admit to texting while behind the wheel say they do it less frequently than they did a year ago.

Of the 47 percent of drivers who say they engage in phone conversations while on the road, 30 percent reported that they do it less than last year.

While the time spent on these distracted driving behaviors apparently is down, the percentage of people who admit to texting and talking while behind the wheel held steady.

“This is the first survey we’ve seen showing drivers making positive changes in their behavior, but there are still too many drivers who either don’t realize just how dangerous distractions behind the wheel are, or are willing to take that risk,” said Bill Windsor, Nationwide’s associate vice president of Consumer Safety.

Nationwide has done a number of studies on distracted driving behaviors. In this survey, Harris Interactive spoke with 1,005 drivers, enough to provide a representative sample for the nation.

The survey relies on self-reporting, always a problem with illegal or dangerous behaviors. “The stigma now associated with distracted driving may also have fewer people willing to admit they do it,” Windsor says.

Hands-free devices are used by about half of the drivers in the West, where California and Washington are among the states that require their use for motorists using cell phones. In the Midwest, the percentage of drivers who said they used hands-free frequently was only 13 percent.

Overall, 65 percent of the drivers said they rarely or never used hands-free attachments for cell phones.

Other finding in the distracted driving survey:

• Drivers who made more than $100,000 a year were more than twice as likely to use hands-free devices than those who made less.
• Two-thirds of those who use hands-free accessories say they feel safer while driving and talking.
• Drivers with touch-screen cell phones are more likely to talk and text. 40 percent of them say it makes text messaging and dialing easier than with conventional cell phones.
• Curiously, 18 percent say they have programmed a GPS device while driving, almost the same percent who report that they look for radio stations while behind the wheel.
• Putting on makeup — often cited as a danger by foes of distracted driving bills — registered with only 3 percent of drivers.

The survey of adults 18 and over was conducted between April 20 and 27.

Wisconsin 25th state to ban texting

Wisconsin’s governor signed into law a ban on texting while driving, making it the 25th state to outlaw the practice.

Jim Doyle joined a growing line of governors who enacted distracted driving laws this legislative season. Right before him was Michigan Gov. Jennifer Granholm, whose texting-ban signing ceremony was broadcast live on “The Oprah Winfrey Show.”

Wisconsin’s new distracted driving law (from Assembly Bill 496) provides for fines ranging from $20 to $400. The offense is targeted for primary enforcement, which means law office can stop violators for that reason alone.

Enforcement begins Dec. 1.

“For far too long, inattentive driving has been a serious problem in Wisconsin and across the country,” Gov. Doyle said after the April 5 signing. “This bill is an important step to make our roads safer and save lives.”

AAA chief Robert Darbelnet praised the new distracted driving law, while noting that half the states are in the no-texting camp: “Last year, 12 states enacted text messaging bans for all drivers and we anticipate that several more states will act against this dangerous source of driver distraction this year,” he said.

Six states have enacted driving while texting prohibitions this year.

Wisconsin’s distracted driving bill was introduced in October, and actively worked throughout the legislative season by the state’s Senate and Assembly. The Senate signed off on the bill April 13. Final approval came in the Assembly on May 4 and the governor signed it the next day.

Doyle has enacted several key pieces of driver safety legislation on his watch.

Wisconsin has no limits on the use of mobile phones while driving.

International distracted driving roundup

Distracted driving news from around the globe. (Does not include the EU member states or Canada.) View the European distracted driving news page and the Australia & New Zealand cell phone laws roundup.

In Jamaica, texting and using cell phones while driving should be illegal by the end of the year, the island nation’s transportation minister predicts. The regulations had been expected as early as a year ago. “We intend to launch pre-emptive strikes against those who are intent on creating imbalances in the traffic environment,” Omar Davies told members of the International Road Federation on May 9. “Our commitment to Road Safety is clear and unambiguous.”

India is moving toward a ban on mobile phone use while driving. The Union Cabinet (of ministers) on March 1, 2012, approved a package of safety-related changes to the Motor Vehicle Act that includes the distracted driving plan. Fines would be RS 500 (first offense, about $10 US) and then up to RS 5,000. The legislation moves to the Parliament.

The U.S. Commonwealth of the Northern Mariana Islands (Saipan, mostly) is considering legislation that would outlaw texting and the use of handheld cell phones while driving. The House Judiciary Committee recommended approval of House Bill 17-143 on Feb. 7, 2012. Rep. Stanley Torres, Ind-Saipan, is the sponsor. The measure also would ban all cell phone use by teen drivers. Fines: $50, then $100.

Also in the western Pacific, Guam has banned handheld cell phone use by drivers. The island already prohibited texting & driving. Sen. Tom Ada filed the Guam distracted driving legislation Dec. 14, 2011, and it was voted in unanimously Feb. 17. The acting governor signed the plan into law March 1. Fines $100 (first offense), $500 (subsequent) and $1,000/possible license loss if an accident results from the distraction. Commercial vehicles have a temporary 30-day exemption from the law. (Guam, a U.S. territory, decided to mirror the recent federal regulations regarding some commercial vehicles.)

Taking action against “a dreadful phenomenon,” Bermuda has outlawed use of handheld cell phones and other wireless communications devices while driving. Videos also are prohibited from viewing TV/DVD screens. Police said they wrote more than 100 tickets under the new law in its first month. Fines range from $500 to $1,000. MPs unanimously approved the measure Dec. 2, 2011. The government issued a detailed explanation of the new distracted driving law Jan. 12. The regulations are part of the Traffic Offences (Penalties) Amendment Act 2011. Bermuda is a British territory located about 650 miles off North Carolina. The United Kingdom banned handheld cell phone use while driving in 2003.

Cayman Islands lawmakers approved a new traffic law Nov. 20, 2011. The legislation includes a ban on handheld cell phone use while driving. The law requires hands-free devices to operate with only one button, a rule that apparently targets text messaging. Drivers are permitted to use their handheld cell phones if stopped in a traffic jam or at stop lights. The Royal Cayman Islands Police Service has been pushing for a ban on handheld cell phones, although they’d prefer a total ban. The ban was removed from the Traffic Bill earlier in 2011 but was revised for the final vote. Police currently use careless-driving laws against drivers whose cell phone use is endangering others.

The Emirate of Abu Dhabi struggles with one of the highest rates of road fatalities in the world. Police reported that a recent three-day outage of Blackberry messaging service coincided with a 40 percent drop in traffic accidents. “Absolutely nothing has happened in the past week in terms of killings on the road,” the police chief said. “People are slowly starting to realize the dangers of using their phone while driving. The roads became much safer when BlackBerry stopped working.”

The Philippines’ Department of Justice has ruled that distracted driving can be considered a violation of law, punishable for that infraction alone, or for the damages done to others. The DOJ said May 30, 2011, that distracted driving occurs while “operating a motor vehicle inattentively on account of various activities not related to driving.” Local laws against “texting or calling while driving” already are in effect in Sagada and Roxas City.

India already bans the use of handheld cell phones while driving, with penalties running INR 2,000 (about $40). Now, the government reportedly is debating a plan to prohibit drivers from using hands-free cell phones and Bluetooth gadgets such as wireless headsets.

The Northern Mariana Islands (CNMI) will consider bans on text messaging and handheld cell phone use by drivers. Rep. Stanley Torres, Ind-Saipan, introduced HB 17-143, the “Commonwealth Wireless Telephone Restrictions in Vehicles Safety Act of 2011,” on Jan. 13. Fines: $50 (first violation) then $100. Penalties double for taxi and bus drivers.

Trinidad and Tobago’s ban on handheld cell phones went into effect Feb. 2, 2011. The Motor Vehicles Amendment Bill was approved by Cabinet in October 2010 and then by the Parliament. Enactment was delayed a month and fines apparently have been lowered. Fines are now set at $1,500 TTD (about $235 U.S.), according to transportation minister Jack Warner, who urged motorists to use the extra time to get used to not using handheld cell phones.

Jamaica’s road safety director expects a ban on drivers’ use of cell phones by August 2011. The law would include other devices, such as portable DVD players. The Ministry of Transport and Works proposed the new distracted driving rules at the end of 2010.

“We have no doubt that any legislation banning the use of cellphones while driving will attract a lot of resistance in Jamaica,” the Observer editorialized Jan. 27, 2011

Bermuda has a twist on the usual distracted driving issues. Shadow Transport Minister Michael Fahy explains: “The phenomenon of the use of cell phones on bikes seems to be almost unique to Bermuda, where we constantly see people texting whilst driving their bikes, or a phone shoved in a helmet. It is only a matter of time before serious injury or death results from this poor driving habit.”

Virginia: Cell phone & texting laws, legislation

Distracted driving news: Sen. George Barker’s plan to make text messaging while driving subject to primary enforcement (SB 219) has been cleared by two key committees and is before the full Senate. Barker’s bill that would apply primary enforcement for junior drivers was approved by the Senate in late January. Detail below.

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

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

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

Current prohibitions:

• All drivers are banned from text messaging. $20 fine (first offense) then $50.
• Drivers under the age of 18 are prohibited from using cell phones or text messaging.
• School bus drivers are prohibited from using cell phones or text messaging

Read the laws: Texting and driving | teen drivers.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2009 legislation:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Pennsylvania: Cell phone laws, legislation

Pennsylvania cell phone/texting news: A ban on text messaging while driving is now in effect in Pennsylvania.

Under SB 314, text messaging while behind the wheel will be subject to primary enforcement, which allows law officers to stop and cite offenders for that reason alone. Fines: $50.

• Read the specific prohibitions of Pennsylvania’s new texting law.

Gov. Tom Corbett approved the bill Nov. 9. His signature was a given. “I want that bill passed,” Corbett said in late October. The law was effective Thursday, March 8.

The House Republican leadership removed from Senate Bill 314 the provision banning handheld cell phone use while driving. The House majority leader says a cell phone law remains a priority for representatives, but time is running out.

Corbett said during his bill-signing event in Harrisburg: “We’ve said it in the past, but today we are making it law: If you have an urgent need to text, you must pull over and park. … No text message is worth a human life. The message of this legislation is drive now and text later.”

The Senate voted Nov. 1 to approve the bill, a day after the House voted in favor of the measure. Sen. Tommy Tomlinson, R-Bucks, was the sponsor of SB 314. Numerous other legislators submitted similar bills and supported Tomlinson’s bill.

Philadelphia, Harrisburg, Wilkes-Barre and Erie have banned cell phone use by drivers unless a hands-free attachment is in use. Allentown’s ban was overturned by a judge. Local distracted driving laws apparently will become unenforceable once the statewide texting ban goes into effect in 2012, meaning handheld cell phone use will be legal throughout the state.

House Bill 9, which strengthens restrictions on junior drivers, was signed into law Oct. 25 by Gov. Corbett. It was nicknamed “Lacey’s Law” after a Philadelphia area teen who was killed in an SUV while driving with six friends. The new law has no distracted driving provisions.

Current prohibitions:

• Text messaging while driving prohibited for all drivers.
• No statewide limits on cell phone use. Some local ordinances address cell phones and driving.
• Driving while using a handheld cell phone and text messaging banned in Philadelphia, Harrisburg and several other cities. Bans to expire in early March 2012.

2011 distracted driving legislation:
Senate Bill 314: Would ban use of interactive wireless communications devices while driving. Ban includes texting devices and handheld cell phones. (Note amendment below that removed cell phone element.) Primary enforcement for texting and driving; secondary enforcement for cell phone use (per amendment of June 7). Specifies distribution of ticket revenue and mandates a state education program. Changes video equipment law to prohibit screens showing entertainment content forward of the driver’s back seat as well as visible to the driver. (Note: Original bill sought only to prohibit text messaging while driving. Secondary enforcement. Changes made in Transportation Committee on May 10.) Fine: Up to $100 but doubled for violations in school zones and construction zones. Approved by the full Senate in a 41-8 vote on June 8. Amended in the House to remove cell phone prohibitions (Oct. 19) and approved by the House on Oct. 31 in a 188-7 vote. House amendments approved by the Senate on Nov. 1 in a 45-5 vote. Fine $50. Latest legislative action: Signed by the governor on Nov. 9. Took effect 120 days after that, March 8. (Tomlinson)

House Bill 8: Would outlaw text messaging by all drivers. Fines: $50 to $100 plus 1 point on driver’s license. Advanced by the House Transportation Committee on May 3. Amended by the House on May 11 to include a ban on handheld cell phone use by drivers. (Watson)

HB 896: Would add an additional $50 fine to violators of the state’s existing careless driving law if they were distracted by handheld electronics, eating, grooming, reading, a vehicle’s radio, etc. Secondary enforcement. Conviction for a related offense such as crossing lanes required. Approved by the House Transportation Committee on May 3 and then by the full House in a 184-12 vote on May 10. (Ross)

HB 146: Would ban use of handheld interactive communications devices by drivers passing through highway work zones. Fine: $100. Moving violation occurs if accident results or previous violation occurred in past year. (Kortz)

HB 189: Would ban text messaging by all drivers in Pennsylvania. Fine: Up to $100. (DePasquale)

HB 330: Would ban use of interactive wireless communications devices while driving. Ban includes texting devices and handheld cell phones (hands-free OK.) Also, for drivers with learner’s or junior licenses, the bill would prohibit use of all interactive wireless communications devices. Fines: $50 but $100 in school zones and construction zones. Specifies distribution of ticket revenue and mandates a state education program. Similar to SB 749. (Shapiro)

HB 580: Would prohibit drivers from using handheld wireless communications devices. Hands-free operation OK. Would outlaw use of wireless communications devices such as cell phones by drivers with a learner’s permit or junior license. Also calls for a ban on use of video screens such as TVs that are visible to drivers. $50 fine, doubled in school zones or work zones. Also calls for accident reports to note use of wireless communications devices. Directs DMV to prepare annual report on accidents linked to use of electronic devices. (Markosek)

Senate Bill 518: Would bar drivers from using handheld wireless devices to make phone calls or text-message. Hands-free operation OK. Fine: Up to $100. (Ferlo)

SB 635: Seeks to prohibit use of wireless communications devices such as cell phones by drivers with a learner’s permit or junior license. Also calls for a ban on use of video screens such as TVs that are visible to drivers. Would require state accident reports to note any wireless communications devices. Would require a statewide annual report on accidents linked to use of electronic devices. Secondary enforcement. Fine: $100. “First consideration” in Senate on May 10. (Wozniak)

SB 749: Would ban use of handheld cell phones and text messaging for all drivers. Hands-free mode OK. Drivers over age 18 would be barred from use of all interactive wireless communication device. Calls for distracted driving education programs and an annual report on wireless communications devices linked to accidents. Primary enforcement. Fines: $50, doubled if use is in a school or highway work zone. Similar to HB 330. (Dinniman)

2011 distracted driving notes:
Gov. Corbett singled out state Sens. John Rafferty, R-Chester and Tommy Tomlinson, R-Bucks, for their leadership on the texting issue. He also thanked Rep. Richard Geist, R-Blair, and Rep. Kathy Watson, R-Bucks.

The House majority leader said Nov. 1 that the issue of banning handheld cell phone phones remains alive in that chamber, despite the Republican leadership’s removal of the provision in the successful Senate Bill 314.

State Sen. John Eichelberger, R-Bedford County, voted against SB 314, noting that drivers still would be allow to enter phone numbers and type in names while making a phone call. Texting violators could simply tell police they were making a call.

Sen. Jim Ferlo, D-Highland Park, offered the successful amendment to SB 314 that specified only illegal “voice communications” while driving would be left to secondary enforcement, ruling out traffic stops for that reason alone. That means texting would be subject to primary (full) enforcement.

Allentown’s law against the use of handheld cell phones while driving has been thrown out by a county judge who ruled that the ordinance pre-empted state law (or lack of law). The ruling came May 6, 2011. A month later, the city decided not to fight the ruling, saying “it would be too costly with no guarantee that we would prevail.”

Traffic fatalities in Pennsylvania were up in 2010, while national traffic deaths declined. Distracted driving got the blame for 66 deaths. Of the 13,790 crashes in the state, 1,100 involved cell phones, the governor’s office reported.

Rep. Josh Shapiro, D-Montgomery, proposed the amendment to the texting bill HB 8 that includes a ban on handheld cell phones while driving in Alabama. The May 11 vote for the add-on was 151-39. “I am pleased with the bipartisan support my amendment received in the House,” Shapiro said. “This is an issue of paramount public safety and importance and is long overdue.”

Rep. Kathy Watson saw her texting-and-driving ban OK’d by the House Transportation Committee on May 3. Watson, R-Buck, says “sadly for many representatives it now has come home to them. They understand because they’ve had this kind of tragedy in their own legislative districts.” She’s also not a fan of the $50 additional fine to fund safety education. She explains in the video below: (text continues)

The House Transportation Committee also approved the distracted driving measure HB 896 on May 3. Committee chairman Rick Geist, R-Altoona, supported the measure, which would fine drivers an extra $50 if distractions caused them to violate traffic laws. The money would be used for education about the risks of distracted driving. Critics say the bill is a half-measure with only secondary enforcement.

Rep. Eugene DePasquale (HB 189) says HB 896 should require primary enforcement of distracted driving offenses. Sponsor Chris Ross, R-Chester County, defended his careless driving bill, saying the debate over primary vs. secondary enforcement was a waste of time: “People’s behavior doesn’t change merely because we pass a law up here. It changes because you first say, this is wrong. We’re making it illegal.”

PennDOT called HB 896 “a step forward” but said in written testimony that primary enforcement would have “a more significant impact on saving lives.” State police submitted similar comments on the bill.

“The Pennsylvania Legislature’s unwillingness to act against distracted driving is sadly reminiscent of the (governmental) foot-dragging regarding (the dangers of) tobacco,” the Scranton Times Tribune editorialized after the House Transportation Committee failed to vote on (the “half-measure” HB 896). “Lawmakers should stop needlessly complicating the issue and act in the interest of public safety. They should outlaw cellphone use by drivers, create meaningful fines as a deterrent, and make it a primary offense enabling police to prevent, rather than only react to tragedies.”

Pennsylvania bucked the national trend toward fewer vehicular deaths last year, with fatalities increasing about 5.5 percent. In human terms, 68 more people died than in 2009. The National Highway Traffic Safety Administration’s preliminary numbers for 2010 show a national decrease of about 3 percent.

In Pennsylvania, there were 57 deaths in accidents linked to teenage drivers, compared with 40 in 2009. The contrast “underscores our determination to strengthen highway safety laws in Pennsylvania, which continues to lag many of its neighboring states,” said Rick Remington of AAA Philadelphia. Neighboring Delaware, which has a full complement of distracted driving laws, saw a 14 percent drop in traffic fatalities in 2010, its Office of Highway Safety reported.

Rep. Josh Shapiro is back once again in 2011 with distracted driving legislation. “This is an issue I will not let die,” he said. Shapiro says his plan to ban texting and handheld cell phone use combines elements of last year’s HB 67 and HB 2070.

The sponsor of those 2010 bills also returns the fray. Rep. Joseph Markosek seeks to require hands-free attachments for adult drivers using a cell phone. He also proposes to restrict teen drivers from all use of interactive wireless communication device (no cell phones, texting).

A Lancaster City Council member sought to create a local ordinance because of the failure of state-level distracted driving legislation in 2010. Councilman Todd Smith’s plan ran up against the city solicitor, who deemed such a law “unenforceable.” “I really think it needs to be addressed,” said Smith, in his first year on the council. “I just didn’t know it was going to be this difficult.”

Harrisburg has been frustrated in trying to post signs advising motorists of its handheld cell phone ban, enacted last year. PennDOT refuses to allow signs on a state road without a state law.

Senate Majority Leader Dominic Pileggi, R-Chester, says the chairman of the Transportation Committee (Sen. John Rafferty) intends to advance a distracted driving bill this session.

Rep. Josh Shapiro says he has about 50 co-sponsors for HB 330, his 2011 distracted driving legislation: “This is not a partisan issue,” Shapiro, D-Montgomery, told the Daily Times. This is an issue that I think will bring people together and it needs to get done for the good of Pennsylvanians.” The General Assembly is controlled by the GOP.

One possible hitch: Longtime distracted driving advocate Rep. Shapiro, D-Montgomery, could be leaving the House this year since he is running for a county post.

The group Advocates for Highway and Auto Safety says Pennsylvania has fallen “dangerously behind” in adopting traffic safety laws such as bans on handheld cell phones. The state received the worst possible grade from the safety advocates.

The York DIspatch editorialized that state legislators should at least focus on enacting limits on teenage drivers: “There’s absolutely no reason we should tolerate them chatting on their cell phones — or pecking away, head down, at a text message — when they need every ounce of their attention to keep themselves and everyone else on the roads safe.”

The township of Bensalem has outlawed text messaging and cell phoning while driving, unless a hands-free accessory is employed. Fines: $150-$300. Included is the Bensalem area of I-95 north of Philadelphia (interchanges with Route 132). The city safety manager says ignorance of the new law means a ticket.

The Edinboro Borough Council on March 14 took up the issue of whether to ban use of handheld cell phones and text messaging by drivers in its borders. “It is out of control,” said the sponsoring councilman, Michael Amidon.

Wilkes-Barre apparently has yet to write a single ticket under its year-old ban against driving while using handheld cell phones and/or text messaging. City councilwoman Kathy Kane, who pushed through the ordinance, said, “I can’t get any answers (from police) on that. … I don’t think we’ve cited anybody.” The law went into effect April 18, 2010, with primary enforcement and $75 fines.

Neighboring states Delaware, New Jersey, New York and Maine have all adopted distracted driving laws.

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

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

Senate Bill 1188: Would outlaw drivers’ use of handheld cell phones and texting devices. Also seeks to ban all wireless communication device use by drivers under 18. Fines of $50, doubled in school and construction zones. Bill never advanced. (Williams)

List of other 2009-2010 legislation below.

2010 legislation notes:
In 2010, time ran out on HB 67 as lawmakers left for breaks in November and December.

The General Assembly returned for its fall session the week of Sept. 21. “Many in both the Senate and House have already given up on teen driving reform for this year,” the Mercury noted with dismay. “Too much on their plates, too little time.” This proved to be the case as the legislation died.

Legislative backers of House Bill 67 told a Sept. 20 news conference that “the potential is clearly there to get this done.” Hosting the state Capital gathering were Reps. Joseph F. Markosek (sponsor of HB 67), Josh Shapiro and Eugene DePasquale. “It is important that we continue our negotiations and that legislators from both parties and chambers continue to step up and demonstrate the importance of this issue,” Shapiro said.

Markosek, D-Allegheny, said a few days earler: “It’s certainly not a dead issue. We are working on potential compromise language so we can get something passed this fall.”

The governor has indicated he would sign the bill if it survives the legislative process (it did not).

Newly re-elected state Rep. Will Tallman laid out his views on distracted driving during the campaign. Tallman, R-Reading Township, voted in favor of HB 67, the bill that would restrict teen drivers from cell phone use (below). He said he would vote for a ban on texting for all drivers, with primary enforcement. As for cell phones, the representative said only that he would favor increased penalties for drivers who cause an accident while engaged in a call.

Rep. Ron Miller says the General Assembly should pass a ban on handheld cell phone use by all drivers. Any distracted driving legislation passed in 2010 should be limited to secondary enforcement, he says. Miller, R-Jacobus, also supports boosting fines for traffic offenses if distracted driving is involved. Miller easily won re-election in November 2010.

Rep. Josh Shapiro, D-Montgomery, has said “there will be bloodshed on Pennsylvania highways continuing” if the Senate version of the teen driving bill wins out, or HB 67 fails.

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

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

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

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

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

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

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

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

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

Wilkes-Barre moved aggressively to enact a city ban on drivers’ handheld cell phone use and text messaging. The law went into effect April 18, 2010, with $75 fines. Texting and cell phoning while driving are now primary offenses.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Both Shapiro and DePasquale introduced similar bills in 2008.

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

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

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

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

City and country ordinances (pre-2010):
The Erie City Council unanimously approved a local law that bans texting and the use of handheld cell phones by drivers and bicycle riders. The Dec. 3, 2009, vote called for secondary enforcement, meaning police will need another reason to pull over drivers who are cell-phoning. Fines would be $150 to $300 ($75 if paid in 10 days).

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

Philadephia’s new prohibitions on handheld cell phones extend to bicyclists, motorcyclists, skaters and skateboarders. Fines for operating a vehicle while using handheld phones or text messaging begin at $150 ($75 if paid in 10 days) and top out at $300. Mayor Mike Nutter signed off on the law on April 30, 2009, despite threats from state legislators. The law went into effect Nov. 1.

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

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

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

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

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

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

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

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

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

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

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

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.

Tennessee: Cell phone laws, legislation

Distracted driving news: The number of cell phone-related crashes in Tennessee topped 1,000 in 2011, preliminary numbers show. That’s up from about 650 in 2008.

A July 1, 2011, addition to the Tennessee vehicle code specifies that motorists must use “due care” to avoid hitting pedestrians and bicyclists. While the amendment does not specifically address distracted driving, the growth of handheld electronics use by drivers was cited throughout the debate over SB 1171/HB1007. Drivers who hit pedestrians or bicyclists face tougher penalties including jail time and loss of license.

Current prohibitions:

• Text messaging prohibited while operating a motor vehicle in Tennessee.
• Drivers with learner’s permits or intermediate licenses are prohibited from using cell phones while driving.
• School bus operators prohibited from using cell phones while driving, if passengers are present.
• Installation or use of video monitors in a motor vehicle are prohibited if the intent is to provide entertainment or business content for the driver.

2012 distracted driving legislation:
House Bill 2998: Would prohibit operation of vehicle with an animal in the driver’s lap or between the driver and driver’s door. (Cobb)

SB 3110: Would prohibit operation of vehicle with an animal in the driver’s lap or between the driver and driver’s door. Same as HB 2998, above. (Yeager)

2012 distracted driving notes:
Almost all Tennessee drivers feel that texting while behind the wheel is dangerous, but more than a quarter of them do it anyway, a University of Tennessee survey shows. The Center for Transportation Research found 89 percent of drivers thought texting was a threat to their safety. That’s slightly more than those who said the same about drinking and driving. Nonetheless, 27 percent of those surveyed said they had texted while driving in the past month. “It is telling that Tennesseans now find (texting) a threat equal in severity to drinking and driving,” research chief Jerry Everett said. Read the traffic study (PDF).

2011 distracted driving notes:
A Chattanooga City Court judge is pushing for an ordinance that would make text messaging while driving a moving violation (misdemeanor). Tennessee’s texting ban is limited to non-moving offenses, meaning no points are added to the driver’s license and there are no insurance problems. The overlap with state law also would allow distracted driving cases to be heard in city courts.

Frustrated by trying to catch drivers who are texting, Nashville police have starting cruising for violations in unmarked SUVs. The oversized vehicles allow for clear visibility of drivers using handheld devices, allowing officers to distinguish between texting and dialing a cell phone. Most of these vehicles were seized in criminal cases.

The Highway Patrol issued 171 tickets for texting and driving in 2010. In 2009, the year the texting law took effect, 54 citations were handed out over a six-month period.

2011 distracted driving legislation:
House Joint Resolution 200: Urges drivers to refrain from using mobile telephones while driving in marked school zones. No law resulted. Unanimous approval of House on April 24 and Senate on May 21. Signed by governor May 25. (Gilmore)

HB 1042: Would prohibit drivers from using handheld cell phones in school zones while warning lights are flashing. Maximum fine of $50. Non-moving violation; no points. Removed from Transportation Committee subcommittee calendar April 5. (Gilmore)

SB 702: Same as HB 1042, above. Removed from Transportation Committee subcommittee calendar April 5. (Henry)

SB 581/HB 322: Would have prohibited using cell phones while driving in active school zones. Fine: $50. (Henry/Gilmore).

2010 legislation (dead):
HB 2943: Would prohibit use of cell phones while driving in Tennessee unless a hands-free device is employed. Fine $50. Failed to advance after introduction. (Sontany)

2009 legislation:
SB 393: Would outlaw text messing while driving. Signed into law. History: Approved by the Senate in a 22-6 vote on April 23, 2009, and by the House on April 27 with amendments specifying exemptions such as police. The Senate approved the final text messaging bill on April 30 and sent it to the governor, who signed it into law on May 13.

HB 107: Would prohibit text messaging by drivers on Tennessee roads. Cites cell phones and PDAs. Same as anti-texting legislation SB 393. Approved by the House Transportation Committee on April 7, 2009, with a provision that the state post road signs warning of the ban. House substituted SB 393 for HB 107 (House version dead.)

HB 331: Would ban use of cell phones while driving unless a hands-free device such as a headset is employed. Same as handheld cell phone legislation SB 884.

Previous Tennessee legislation notes:
Tennesee’s new law prohibiting text messaging while driving comes with a $50 fine for violators with $10 court costs. It is a non-moving offense, with no points added to the driver’s license. Enforcement began July 1, 2009.

Rep. Jon Lundberg, R-Bristol, sponsor of the House version of the texting bill (HB 107), saw his bill delayed by two weeks in a transportation subcommittee. An opponent of the bill sought an opinion from the state attorney general, who replied that under current Tennessee traffic laws “an officer has the authority to issue a traffic citation to any driver who is operating a motor vehicle in an unsafe manner, regardless of whether such unsafe operation is caused by cell phone use, text messaging or any other activity that prevents the driver from exercising reasonable care in the operation of the vehicle.”

Sen. Jim Tracy, R-Shelbyville, saw his SB 393 approved by the Senate Transportation Committee on March 10. The anti-driving and texting legislation passed on a 6-1 vote. “I don’t think we can legislate against stupidity,” said the nay voter, Sen. Mae Beavers, R-Mt. Juliet.

Sen. Tracy, the author of SB 393, said earlier in the session: “From what I’ve heard from other lawmakers, I think we’re in good shape. I feel like it will pass this year. I think we have the momentum to do it.” His previous attempt died in subcommittee. Texting while driving would bring a maximum $50 fine and $10 court costs.

Tennessee Rep. Jon Lundberg, R-Bristol, saw his text-messaging bill send to a “special summer study committee” during the 2008 session, a move often used to kill legislation. He reintroduced the text messaging legislation as HB 107 for the 2009 session. Lundberg’s measure would have mandated a misdemeanor for any driver who wrote or read text messages. The fine would have been $50.

Columnist Gail Kerr wrote about the text messaging debate in the Tennessean: “Is a law necessary? Yes. People are driving stupid. Teens have died. If the state doesn’t tell them to stop it, they’ll keep doing it. … Let’s put it this way. Would you want to be driving on a narrow, twisting road when the driver on the other side of the yellow line is text messaging? Didn’t think so.”

Six graduate students at the University of Tennessee are lobbying along with the American Automobile Association for passage of bills banning handheld cell phone use and text messaging by drivers.

The ban on school bus drivers’ use of cell phones was enacted in 2003.

The ban on cell phone use by drivers with learner’s permits or intermediate licenses was enacted in 2005.

The video screen law was revised during the 2008 session.

Cell phone-related legislation that was either rejected or allowed to die in the 2008 Tennessee legislative session:

HB 2550 and SB 2726: Would have prohibited drivers from using cell phones without hands-free devices. (Also SB 2726, SB 3670 and HB 2550)

HB 2618 and SB 2669 (identical): Would have prohibited text-messaging while driving.

SB 0088 and HB 0045 (identical): Would have prohibited the use of a cell phones when passing through a school zone as children are coming and going.

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