Pennsylvania texting law breakdown

Specifics of the ban on text messaging that was approved by Pennsylvania Gov. Tom Corbett on Nov. 9, 2011:

• Prohibits as a primary offense all drivers from using an Interactive Wireless Communication Device (IWCD) to send, read or write a text-based message.
• Defines an IWCD as a wireless phone, personal digital assistant, smart phone, portable or mobile computer or similar devices that can be used for texting, instant messaging, emailing or browsing the Internet.
• Defines a text-based message as a text message, instant message, email or other written communication composed or received on an IWCD.
• Institutes a $50 fine for convictions under this section.
• Makes clear that this law supersedes and preempts any local ordinances
  restricting the use of interactive wireless devices by drivers.

The law takes effect in early March 2012.

Source: Pennsylvania Office of the Governor

3 new distracted driving laws

Motorists in Nevada, Maine and Maryland are now subject to new distracted driving regulations.

Nevada’s ban on text messaging and using handheld cell phones will driving officially went into effect Saturday, Oct. 1. Violators won’t be punished for the next three months, though, as law officers are only issuing warnings until Jan. 1. Then it’s on to fines that start at $50 and go to $250.

In Maryland, legislators have completed their clean-up of the existing texting while driving law. As of Oct. 1, “reading” of text messages is illegal while driving in Maine. Previously, only the writing and sending of text messages (and email) were illegal. Also, the earlier state law allowed for texting at red lights, but that loophole too has been closed. Fines run between $40 and $100.

And Maine’s new law against texting while driving went into effect Sept. 28. At least, the reading and writing of text messages (and email). The sending of messages, curiously, remains legal. Tickets are now being written and fines start at a minimum $100.

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

Read more:

• Nevada’s new distracted driving laws
• Maryland’s changes to its texting ban
• Maine’s text messaging laws

Alberta DD law now in effect

Alberta took its time installing a distracted driving law — it’s the eighth Canadian province to do so — but the new rules clearly are among the most comprehensive in North America.

The new Alberta distracted driving law went into effect next Thursday, Sept. 1. The fine is $172 (total).

(This post updated Sept. 1)

In addition to banning text messaging, emailing and the use of handheld cell phones for drivers, the law prohibits other use various other handheld electronic communications devices, grooming, non-commercial use of CB radios, GPS data entry, writing, drawing, sketching, reading of printed materials and the use of certain video screens (TVs, DVDs).

Use of cell phones with hands-free attachments is permitted, although that wasn’t a given: Last fall’s debate over Bill 16 focused on whether hands-free phone use should be allowed at all.

“This legislation is another step forward in our traffic-safety efforts and an important addition to our overall traffic safety strategy,” Minister of Transportation Luke Ouellette (pictured) said a week before enforcement began. “I am confident this new law, which is practical and enforceable, will help to keep Albertans safer while on the road — and that’s something we can all support.”

Enforcement of the law springing from Alberta’s Traffic Safety (Distracted Driving) Amendment Act (of 2010) began in time for the Labor Day holiday weekend. There was no grace period.

The province calls the new law “the most comprehensive distracted driving legislation in Canada.” Ouellette says the law represents “a bold approach (that) goes beyond restricting cell phones and deals with the broader issue of distracted driving.”

In addition to the typical vehicles found on highways, the act applies to farm vehicles and bicycles.

The law gives law officers flexibility in citing offenders. Tougher penalties can be assessed under the “driving carelessly” provisions of the existing Traffic Safety Act — a $402 fine and 6 demerit points against the offender’s license.

“The law is intended to be practical, effective and enforceable,” the Transportation Department says. It uses these examples: “Having a simple snack is allowed, but eating a meal from a plate with a knife and fork is not allowed. Glancing at a map is allowed, but reading a book or newspaper is not.”

The inclusion of personal grooming is unusual in Canada and the U.S. While frequently cited (by dubious lawmakers) during distracted driving debates in North America, this is one of the few times a grooming-while-driving ban actually become law.

Traveling with pets is not specifically banned under the new law.

View:
• FAQ on Albert’s distracted diving laws
• Alberta distracted driving news and legislation
• Canadian cell phone, texting news page

Lobbyists fight distracted driving laws

A Washington lobbying group has been pitching cell phone companies and car manufacturers on a plan to derail distracted-driving legislation, according to several media reports this week.

July 7 update: The lobbyists abandoned the effort to derail distracted driving laws after a scolding from U.S. Transportation Secretary Ray LaHood. The lobbyists said they had succeeded in opening up the debate — at any rate they succeeded in attracting a lot of publicity /update

Oprah Winfrey and the DOT’s LaHood are seen as threats to the mobile communications industry, according to the 10-page memo obtained by the FairWarning investigative site. The memo cites a “full-throttle assault on mobile technology,” the FairWarning report says.

The Washington Post identified the lobbyists behind the push as Seward Square Group and Eris Group. Eris, however, told the Post that it had withdrawn from the effort due to client conflicts.

In response to the memo, a DOT spokesman told the Post: “We are doing everything possible to combat talking on the phone and texting while driving and others who care about safety will join our effort — not undermine it.”

DRIVE — which stands for “Drivers for Responsibility, Innovation and Vehicle Education” — plans to advocate awareness instead of laws and legislation, FairWarning reports. Spearheading the campaign would be James E. Hall, chairman of the National Transportation Safety Board for the Clinton administration, the memo says.

GPS makers, insurance companies and public safety groups also were targeted for the push, the Post said.

Idaho: Cell phone laws, legislation

Cell phone, text messaging news: Sen. Les Bock returns with two distracted driving bills: one that would ban texting and another that would prohibit use of handheld cell phones. The chairman of the state Senate Transportation Committee predicts a ban on texting and driving will clear the Legislature in 2012.

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

Sandpoint’s ban on driving while texting and using handheld cell phones took effect Dec. 29, 2011. Secondary enforcement with a $10 fine.

Current prohibitions:
None. There is an “inattentive driving” law, but it rarely is used for cell phones or texting.

Distracted driving legislation (2012):
Senate Bill 1251: Would outlaw use of handheld cell phones by drivers. Hands-free OK. Specifies that police may not confiscate cell phones as evidence. Fine: $75. (Bock, Werk)

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

Distracted driving notes (2012):
Sen. Jim Hammond, chairman of the Senate Transportation Committee, says he’ll introduce legislation that would outlaw text messaging while driving if no one else does. Hammond told the Coeur d’Alene Press that he expects a texting ban to emerge from the 2012 legislative session.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Distracted driving notes (2010):
Twin Falls’ ban on text messaging while driving went into effect Oct. 1. The 4-2 City Council vote of Aug. 9 establishes a $50 fine for the distracted driving practice. Councilman Greg Lanting led the push for the ban, which will receive primary enforcement. Lanting said of concerns that police would be confused by drivers entering cell phone numbers on keyboards: “Officers have to make judgment calls and courts have to make decisions based on judgment calls all the time, so that’s the approach we’re taking,” said Lanting.

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

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

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

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

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

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

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

Sandpoint’s mayor on Dec. 31 vetoed legislation that would have outlawed text messaging while driving in city limits. An attempt to override the veto failed on Jan. 20, 2010. Earlier, Sandpoint’s City Council rejected a proposed ordinance that would have banned drivers’ use of handheld cell phones and text messaging behind the wheel. The Dec. 16, 2009, vote was 3-3, with the mayor breaking the tie. The plan was revived as a texting-only ordinance, but Mayor Gretchen Hellar wielded her veto power. The mayor did ban use of cell phones by Sandpoint employees driving city cars. (For update, see 2011 distracted driving notes, above.)

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

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

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

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

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

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

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

Indiana: Cell phone laws, legislation

Cell phone, texting update: One bill addressing cell phone use by drivers has been filed for the 2012 session: SB 342, which would outlaw use of handheld wireless communications devices in work zones.

Indiana was the 32nd state to ban texting while behind the wheel. The law became effective July 1, 2011, with fines up to $500.

On May 11, 2011, Gov. Mitch Daniels signed the texting legislation sent to him by the House and Senate. The Senate had expanded the original House bill to include a ban on use of handheld cell phones while driving, but that element was removed by a conference committee. The new law — which gets primary enforcement — is restricted to the reading, writing and sending of text messages while a vehicle is in motion. Hands-free (voice activated) texting OK.

Current prohibitions:

• Text messaging prohibited for all drivers while vehicle is in motion. Fines up to $500.
• Drivers under the age of 18 may not use cell phones, text messaging devices or other wireless telecommunications devices.

Distracted driving legislation (2012):
Senate Bill 342: Would create offense of “recklessly, knowingly, or intentionally” using a handheld electronic communications device in work zones. Hands free and voice activated OK. Class A misdemeanor. (Broden)

SB 196: Would bar police from downloading information from a cell phone in relation to a violation of the state law against text messaging and driving. State law already prohibits seizure or confiscation of cell phones in texting & driving cases. (Waltz)

2011 distracted driving legislation:
House Bill 1129: Seeks to ban phone calling and text messaging by drivers using handheld electronic devices. Hands-free texting OK. Bars police from confiscating texting devices (for this offense). Class C infraction, fines up to $500. Approved Jan. 20 by the House Public Policy Committee in a 10-2 vote. Approved by the House in an 85-11 vote on Jan. 25 and sent to the Senate. Approved by the Senate corrections committee in a 7-2 vote on March 1. Amended by the Senate (March 14 ) to include a ban on handheld cell phone use. Approved by the full Senate in a 29-20 vote on March 15; returned to the House. Rewritten April 26 by conference committee to remove Senate’s addition of cell phone ban. Bill returned to both houses. Approved by the House in an 83-10 vote taken April 28. Approved by the Senate in a 26-24 vote taken April 29. Latest action: Signed into law by Gov. Mitch Daniels on May 10. Read House Enrolled Act 1129. Law took effect July 1, 2011. (Koch)

Indiana Senate Bill 18: Would outlaw text messaging while driving and restrict use of cell phones to hands-free operation. Offenses would be Class C infractions, similar to traffic tickets. Approved by the Senate Public Policy Committee on Feb. 11, in a 5-2 vote. Latest action: Approved by the full Senate in a 29-21 vote on Feb. 17 and sent to the House. Dead. (Holdman)

HB 1158: In cases of vehicular “reckless homicide,” a Class C felony, courts allowed to consider whether accused was using a handheld cell phone at the time of a crash (“among other factors”). Heavily amended in Roads and Transportation Committee on Feb. 17. “Call withdrawn” during second reading in House on March 28. Dead. (Yarde)

Distracted driving notes (2011):
There was no warning period for the state texting and driving ban: “Drivers have had plenty of notice about the law,” a spokesman for the State Police said.

State Senator Tom Wyss, R-Fort Wayne, said (correctly) of the Senate’s addition of a handheld cell phone to HB 1129: “It’s going to cause a lot of people to oppose it. The chances of it passing in this manner is pretty slim.”

Diveeta Thompson, who lost her 18-year-old son when he crashed while texting, testified in favor of House Bill 1129 the day of its approval by a House panel. “I can’t go fast enough and I can’t speak loud enough,” she tearfully said Jan. 20 of her efforts to combat distracted driving by teens. The bill was approved by the full House five days later. Thompson also told her story to the Senate panel that approved the bill on March 1.

Sen. Travis Holdman, R-Markle, has filed legislation (SB 18) for the 2011 session that would ban texting while driving and the use of handheld cell phones. His SB 18 of 2010 (same number) failed to advance last session (below). He also authored the graduated license law that prevents teen drivers under 18 from using cell phones and texting devices.

Indiana’s attorney general and AT&T Indiana’s president joined Sen. Holdman at a December 2010 rally for the new SB 18 legislation

Key committee member Sen. Brent Steele says he’ll drop his opposition to a full Senate vote on legislation that seeks to ban texting while driving. Steele, R-District 44, protested 2010 efforts to halt the distracted driving practice, saying enforcement would not be possible. He says a 2011 plan that would ban both text messaging and the use of handheld cell phones while driving satisfies his enforcement concerns and should get a full hearing. Steele still doesn’t support a ban, however.

Rep. David Yarde, R-Garrett, filed legislation for 2011 that would bring felony punishments for drivers who cause injuries and/or deaths while using a cell phone. HB 1158 does not seek a ban on cell phone use or texting, however. Cell-phoning drivers who injure someone would be subject to up to three years in prison. For a death, the penalty would be up to eight years in prison.

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

Indiana Students Against Destructive Decisions (SADD) rallied at the Statehouse in November 2010 in hopes of inspiring legislators to take further action on distracted driving. AAA Hoosier Motor Club and State Farm Insurance joined the students in rolling out a public awareness campaign.

State Police linked cell phone use to more than 1,100 crashes last year, resulting in four fatalities.

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

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

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

Indiana Senate Bill 18: Would ban all forms of text messaging while driving on state roads and highways. (Holdman)

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

2010 cell phone, texting legislation notes
Only three tickets have been written under the teenage distracted driving law of 2009, according to the Courier-Journal. The newspaper calls for a broad ban on handheld cell phone use while driving, which would end the complication of police having to determine a driver’s age before pulling him or her over.

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

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

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

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

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

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

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

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

Previous Indiana legislation notes:

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

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

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

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

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

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

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

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

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

U.S. cell phone, texting laws at a glance

An up-to-date listing of cell phone and texting restrictions across the States. Click on the state’s name to view a full report on distracted driving laws and legislation.

Alabama: No limits on cell phone use or texting.

Alaska: Drivers are banned from text-messaging or watching videos.

Arizona: School bus operators prohibited from using cell phones while driving. In Phoenix, drivers prohibited from using “personal digital assistants to send or receive a written message” (texting).

Arkansas: All drivers prohibited from text messaging. Drivers under 18 may not use cell phones, regardless of whether a hands-free device is employed. Drivers 18-20 must use hands-free attachments while talking on cell phones. School bus operators prohibited from using cell phones while driving.

California: Texting while driving outlawed. Adult drivers (18 and older) must use hands-free devices while talking on mobile phones. Minors are prohibited from using wireless phones while driving — with or without hands-free devices. School bus operators and transit bus drivers prohibited from using cell phones while driving.

Colorado: Text messaging banned for all drivers. Minors (under 18) may not use cell phones while behind the wheel. Drivers with learner’s permits prohibited from using cell phones.

Connecticut: Texting outlawed for all drivers. Adult drivers (18 and older) must use hands-free devices when using mobile phones. Minors are prohibited from using wireless phones while driving — with or without hands-free devices. School bus operators prohibited from using cell phones while driving.

Delaware: Text messaging prohibited. Drivers with learner’s permits prohibited from using cell phones. School bus operators prohibited from using cell phones while driving.

District of Columbia: Drivers must use hands-free devices. Drivers with learner’s permits prohibited from using cell phones. School bus operators prohibited from using cell phones while driving.

Florida: No limits on cell phone use or text messaging.

Georgia: Text messaging banned for all drivers. Drivers under the age of 18 prohibited from use of all cell phones. School bus operators prohibited from using cell phones while driving, if passengers are present.

Hawaii: No statewide limits on texting or cell phone use but all Hawaiian counties have laws against use of handheld wireless devices while driving.

Idaho: No limits on cell phone use.

Illinois: Text messaging prohibited for all drivers. Cell phone use prohibited in school speed zones and construction zones. Drivers under the age of 19 are prohibited from using wireless phones while driving — with or without hands-free devices. School bus operators prohibited from using cell phones while driving if passengers are present. In Chicago, all drivers must use hands-free devices.

Indiana: Text messaging prohibited for all drivers while vehicle is in motion. Drivers under the age of 18 may not use cell phones, text messaging units or other wireless telecommunications devices.

Iowa: No limits on cell phone use. Text messaging banned for all drivers; teens with restricted licenses prohibited from using all handheld electronic devices (including cell phones) while behind the wheel.

Kansas: Text messaging outlawed for all drivers. Drivers with permit licenses banned from use of cell phones or texting devices.

Kentucky: Text messaging prohibited for all drivers. Use of all personal communications devices banned for drivers under 18 years of age. School bus operators prohibited from non-official use of cell phones while transporting children.

Louisiana: Text messaging banned for all drivers. Drivers under 18 may not use cell phones or text-messaging devices. Drivers licensed for under a year may not use cell phones without hands-free devices.

Maine: Texting while driving outlawed for all drivers (includes email and IM). Maine has a general law against distracted driving that could bring tickets for cell phone use and text messaging. Drivers under the age of 18 prohibited from using cell phones while driving. Drivers with learner’s permits or intermediate licenses prohibited from using cell phones while driving.

Maryland: Text messaging prohibited for all drivers. Cell phone use while driving is prohibited unless a hands-free device is employed. Drivers under the age of 18 and drivers with learner’s permits or intermediate licenses are prohibited from use of all cell phones.

Massachusetts: Texting prohibited while driving. Use of all cell phones prohibited for drivers who are 16 and 17 years old. School bus operators prohibited from using cell phones while driving.

Michigan: Text messaging outlawed for all drivers. In Detroit, drivers must use hands-free devices.

Minnesota: Drivers under the age of 18 with learner’s permits or intermediate licenses are prohibited from using cell phones while driving. Text messaging banned for all drivers.

Mississippi: Text messaging prohibited for drivers with restricted licenses.

Missouri: Text messaging prohibited for drivers age 21 or younger.

Montana: No limits on cell phone use.

Nebraska: Text messaging outlawed for all drivers on Nebraska’s roads and highways. Drivers under the age of 18 with learner’s permits or intermediate licenses are prohibited from using cell phones.

Nevada: Handheld cell phone use and text messaging prohibited for all drivers.

New Hampshire: Text messaging and use of electronic devices with two hands are banned for all drivers. No limits on cell phone use.

New Jersey: Drivers must use hands-free devices. Text messaging and use of video games prohibited while driving. School bus operators prohibited from using cell phones while driving. Drivers with learner’s permits or probationary licenses are prohibited from using cell phones and other portable wireless electronic devices while driving (includes iPods and devices with hands-free accessories).

New Mexico: No statewide limits on cell phone use. Some local ordinances.

New York: Drivers must use hands-free devices for cell phone calls. Text messaging and related Internet use outlawed. Some cities and counties in New York have separate bans on text messaging by drivers.

North Carolina: Text messaging prohibited for all drivers. Motorists under the age of 18 with provisional licenses are prohibited from using cell phones while driving, unless calling parents. School bus operators prohibited from using cell phones while driving.

North Dakota: Text messaging prohibited for all drivers. Drivers under 18 prohibited from using electronic communications devices, including cell phones.

Ohio: No statewide limits on cell phone use. Some local ordinances.

Oklahoma: Inattentive driver law could lead to citations involving cell phones or text messaging. Teen drivers (with junior/restricted licenses) barred from using handheld electronic devices while vehicle is moving.

Oregon: Use of handheld cell phones outlawed for all drivers. Text messaging banned for all drivers. Cell phones use with hands-free attachments are allowed only for drivers over 18 years of age. Drivers under the age of 18 are prohibited from using cell phones or text messaging while driving.

Pennsylvania: No statewide limits on cell phone use. Some local ordinances. Texting and driving outlawed as of early March 2012.

Rhode Island: Text messaging prohibited for all drivers. Those under the age of 18 also are banned from using cell phones while driving. School bus operators prohibited from using cell phones while driving.

South Carolina: No limits on cell phone use.

South Dakota: No limits on cell phone use.

Tennessee: Text messaging outlawed for all drivers. 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.

Texas: Drivers with intermediate licenses are prohibited from using cell phones while driving. School bus operators prohibited from using cell phones while driving, if passengers under 18 are present. Drivers under the age of 17 with restricted licenses are prohibited from using wireless communications devices. Drivers prohibited from using handheld devices in school crossing zones.

Utah: No limits on cell phone use. Text messaging outlawed for all drivers.

Vermont: Texting prohibited for all drivers. Drivers under the age of 18 prohibited from using cell phones.

Virginia: Text messaging illegal for all drivers. Drivers with intermediate licenses are prohibited from using cell phones while driving.

Washington: Text messaging prohibited while driving. Drivers must use hands-free devices.

West Virginia: Drivers with learner’s permits or intermediate licenses are prohibited from using cell phones while driving. School bus drivers prohibited from using cell phones while operating the vehicles.

Wisconsin: Writing and sending of text messages banned for drivers whose vehicles are in motion. OK to read texts. No limits on cell phone use. The state does have a general distracted driving law under which tickets for unsafe cell phone use can be handed out.

Wyoming: Text messaging prohibited for all drivers. No limits on cell phone use.

Interstate truck drivers and bus drivers prohibited from handheld cell phone use and text messaging, due to federal regulations that went into effect Jan. 3, 2012.

Wisconsin: Cell phone laws, legislation

Cell phone, texting update: Wisconsin’s ban on text messaging is now in effect. Wisconsin was the 25th state to outlaw texting while behind the wheel.

Rep. Peter Barca reportedly is preparing legislation for 2012 that would bar Wisconsin drivers from using all handheld wireless devices, including cell phones. Barca, D-Kenosha, pushed through AB 496, the bill that became Wisconsin’s anti-texting law.

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

State Police said they wrote only 162 citations in the texting law’s first nine months. Police note that telling whether a driver is texting can be tricky, since they could be dialing a phone number or accessing another function on a smartphone.

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 cell phones and other wireless handheld communications devices by drivers under the age of 18 with probationary licenses and instruction permits. Fine: $50, then $50-$100 after that. (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.

Ohio: Cell phone laws, legislation

Cell phone, text messaging news: A bill that would ban text messaging while driving remains stalled in the Senate Highways and Transportation Committee. Senate President Tom Niehaus told reporters in early February that the bill is unlikely to advance unless more senators register their support. AAA plans to lobby senators on behalf of the legislation.

The Transportation Committee heard testimony Nov. 16 on House Bill 99, the texting & driving measure. A man who lost his daughter in a crash allegedly caused by a texting driver was among the witnesses.

Ohio’s House approved the distracted driving measure June 28 in an 88-10 vote. The Senate committee chairman already has warned that the panel will be “treading carefully” on the issue.

Also stalled is SB 35, which seeks to prohibit use of handheld communications while driving (hands-free operation OK.)

Kettering is the latest Ohio municipality to ban text messaging while driving, via a unanimous City Council vote taken in late December 2011. The law went into effect Jan. 3 but tickets won’t be written before June. The mayor noted that House Bill 99 “doesn’t seem to be moving through the Senate very quickly.”

Current prohibitions:

• No statewide limits on cell phone use or text messaging.
• Toledo, Columbus, Delaware, Belpre, Berea and Zanesville are among the many Ohio cities that have banned text messaging while driving (more cities below).

Distracted driving notes (2012):
A spokesman for AAA East Central said of HB 99: “We’re discouraged, but not defeated.” AAA has set up a toll-free number that allows residents to speak their minds about distracted driving to representatives: 855-BAN-TEXT (855-226-8398).

The Senate Transportation Committee chairman, state Sen. Tom Patton, R-Strongsville, reportedly is be open to legislation prohibiting young drivers from texting and using cell phones.

Ohio distracted driving legislation (2011-2012):
House Bill 99: Would prohibit the driver of a motor vehicle from texting on an electronic wireless communications device. Includes streetcars and trolleys. Fines up to $150. Provides for six-month warning period. Approved by the House Transportation, Public Safety & Homeland Security Committee in a unanimous vote taken March 30. Approved by the House in an 88-10 vote taken June 28. Latest legislative action: Senate Transportation Committee hearing on Nov. 16 (no vote). (Damschroder, Garland)

SB 35: Would ban use of handheld communications devices while driving. Hands-free cell phone use OK. Includes streetcars and trolleys. Secondary enforcement. Fine: $30. Bill has not budged since being filed in the Highways & Transportation Committee on Feb. 1. (Tavares)

2011 distracted driving notes:
Fairview Park has enacted a ban on texting while driving with primary enforcement status. Fines $100/$250/$500. The law was pushed through on first reading Dec. 19, in order to help cut down on holiday accidents.

Louisville, Ohio, is considering a ban on text messaging and accessing the Internet while driving in city limits. “I feel that if more local government bodies pass ordinances to prohibit this dangerous behavior, the legislators in Columbus will take notice and create a statewide law,” said council member Guy Guidone, who presented the plan Dec. 5.

Wauseon’s ban on texting while driving went into effect in mid-November. It’s a minor misdemeanor, but serial offenders and distracted drivers causing accidents will faces fines of up to $500 and 60 days in jail. The local police chief said the city would no longer wait for the Ohio Legislature to act. “Enough is enough,” he told the Toledo Blade just before the unanimous Oct. 17 vote. The ordinance also covers use of the Internet via devices such as smartphones and laptops.

AAA and Clear Channel Outdoors have teamed up for billboards in support of HB 99. In addition to the message “dnt txt n drv,” motorists are given a toll-free number — 855-BAN-TEXT — that will connect them to their state senators. Of course, that call will have to wait if drivers are alone. About 70 billboards are being erected statewide.

Ohio HB 99 outlook: “I think we’ll get it passed through the House,” said AAA lobbyist Ric Oxender (it did pass). “The Senate will be a little more difficult, but it’s doable.”

“One more town like Wauseon passing the bill against texting makes it more important that we pass this because that increases the patchwork (of local laws) across the state,” said HB 99 co-sponsor Rep. Rex Damschroder, R-Fremont.

Worthington’s City Council rejected a proposal to ban handheld cell phone use by drivers on July 18. One lawmaker feared the city image would suffer if it handed out tickets to unknowing non-residents (as in a speed trap) while another said the legislation smacked of “a police state.”

AAA East Central’s Brian Newbacher testified in support of HB 99 before the House Transportation Committee on March 16: “Texting while driving is the most dangerous of all distractions behind the wheel. It therefore merits special attention with its own law and enforcement and education programs.”

AAA East Central has asked supporters of distracted driving legislation to contact their legislators. “We’re reasonably optimistic that we’ll have passage (of a no-texting law) in the next two years,” a spokesman said in January.

The city of Dublin has banned texting while driving. Misdemeanor with primary enforcement. Fines of $150 and possible jail time. The City Council vote came Feb. 14. Councilman Mike Keenan pushed for the new law after his daughter lost a friend in a distracted driving accident.

AAA East Central asks supporters of distracted driving legislation to contact their legislators. “We’re reasonably optimistic that we’ll have passage (of a no-texting law) in the next two years,” a spokesman said in January.

The city of Berea has banned texting while driving, but enforcement is secondary, requiring police to have another reason to stop a motorist. The vote came in mid-January 2011.

Distracted driving legislation (2009-10):
Ohio House Bill 415: Would outlaw text messaging by all drivers in Ohio. Primary offense. $150 fine after six-month warning period. Approved by the House Public Safety Committee on March 10 and then by the full House on March 24 (86-12 vote). Sent to the Senate. (DeBose, Garland)

Ohio House Bill 266: Would prohibit drivers from using mobile communications devices, including cell phones (unless a hands-free attachment is employed). Also applies to streetcars.

Ohio House Bill 261: Seeks to outlaw text messaging by all drivers. Includes typing on cell phones, PDAs and laptops.

Ohio House Bill 262: Would ban use of handheld cell phones and text messaging while driving.

HB 270: Seeks to ban text messaging by all drivers in Ohio.

HB 130: Would prohibit drivers under 17 who have restricted licenses from talking on cell phones or text messaging. (No apparent activity on this bill as of August 2009.)

Ohio Senate Bill 164: Would outlaw text messaging by all drivers. Secondary enforcement.

Legislation notes:
Sponsors of HB 415, approved by the House safety panel, used the U.S. Department of Transportation’s model distracted driving legislation as a guide.

Rep. Joseph Koziura, D-Lorain, is the sponsor of HB 266, which seeks to make use of mobile handheld devices while driving a primary offense. Fines range from $25 to $100 depending on past offenses. The legislation has bipartisan backing, with 11 co-sponsors.

Rep. Michael DeBose, D-Cleveland, is the author of House Bills 261 and 262. They call for fines of $250 with more severe sanctions for causing an accident while texting or cell phoning. Both are designed for secondary enforcement, meaning law officers need another reason to pull over a driver, such as running a red light.

HB 262 as filed does not cite use of hands-free devices as an exception to the cell phone ban.

Sen. Shirley Smith, D-Cleveland, sponsored SB 164, with fines of $200 for first-time offenders and $500 for subsequent offenses. Two or more violations require 100 hours of community service. The Ohio text messaging bill calls for primary enforcement.

Regarding a state of an Ohio text-messaging ban for drivers, Rep. Jay Hottinger, R-Newark, told the Newark Advocate: “I think it’s a matter of time. Because I think you’re going to see more accidents (caused by texting).”

City/county legislation and laws:
Cincinnati: The city’s ban on text messaging while driving is now being enforced. A majority of council members voted Sept. 10, 2010, to outlaw texting and accessing the Internet while behind the wheel. The distracted driving ordinance took effect 30 days later with $100 and up fines. “It’s a question of safety on the streets; it’s not rocket science,” said Councilman Chris Bortz, who pushed for a ban on texting last year, but failed to gather enough votes. This year there are three new council members, leaving Councilman Chris Monzel alone in his resistance to the ban. The new Cincinnati distracted driving law also outlaws Internet use while driving but does not affect cell phone use.

Cleveland Heights has banned texting while driving in city limits. Fines $100 then $250 and $500. The law was approved Sept. 20, 2010.

Delaware, Ohio, has banned text messaging and use of the Internet while driving. Fines $150. The distracted driving ordinance was approved June 29, 2010. The ban was based on Columbus’ law.

Gahanna upgraded fines for its ordinance against distracted driving/failure to have vehicle under control. They now are $250 and and up to 30 days in jail. City officials said the tougher penalties were designed to send the signal that text messaging and driving would not be tolerated.

Worthington’s ban on text messaging while behind the wheel took effect July 14, 2010. Primary enforcement. Fines $150 (first offense) then $500/$1000. The City Council rejected a last-minute bid to outlaw handheld cell phone use by drivers, but plans to readdress the issue Sept. 14.

Belpre has outlawed texting while driving. The legislation passed its third reading before the City Council on May 24, 2010. Fines from $150 to $500 and up to 60 days in jail. Primary enforcement.

Columbus has outlawed text messaging while driving. The law provides for primary enforcement and $150 fines. The distracted driving law went into effect May 5, 2010. City Councilman Andrew Ginther authored the legislation, which was approved in early April. In the first six months, 24 citations were written.

Hilliard lawmakers voted May 24, 2010, to enact a ban on text messaging by drivers.

Lyndhurst is considering banning cell phone use by drivers under age 18. The city banned texting while operating a motor vehicle in November 2009.

South Euclid councilmen voted Jan. 25, 2010, to ban handheld cell phone use and text messaging by drivers. The council also outlawed use of computers while driving. Fines $100/$250/$500.

Highland Heights‘ police chief has been told to research a citywide ban on texting. The chief had multiple reservations about a local law. There has been no action since a possible ban was discussed in February 2010.

North Royalton has outlawed text messaging while driving in city limits. Violations will be a primary offense, meaning police can pull over violators for that reason alone. The ordinance was approved Dec. 15, 2009.

Toledo’s City Council approved a ban on text messaging while driving in city limits on Nov. 24. Texting behind the wheel is now a primary offense, meaning police can pull over drivers for that reason alone. Mayor Carty Finkbeiner proposed the anti-texting law in August. The law took effect on Jan. 1, 2010.

Summit County has approved a ban on text messaging for all drivers. It is the first country texting ban in Ohio, but it does not include Akron. The anti-texting law, which calls for $150 fines, was voted in on Oct. 19, 2009.

The city of Huron has prohibited texting while driving. Fines start at $150 and take effect in mid-August 2010.

The city of Bexley began enforcing its ban on text messaging while driving on Oct. 21, 2009. The City Council outlawed texting behind the wheel on Sept. 22. As of March 2010, no citations had been written.

North Olmsted adopted a text messaging while driving ban, to go with its handheld cell phone law. The unanimous vote in favor came on Oct. 6, 2009.

At a March 24, 2009, hearing for the proposed Cleveland ban on texting while driving, Councilman Mike Polensik said text messaging wasn’t a priority in his part of the city: “I would be happy if the hoodlums were texting each other rather than robbing people out on the street.”

Cleveland’s safety director, Martin Flask, said: “This is as much about public awareness as it is enforcement.”

The citizens of Bowling Green actually got to decide their cell phone fates: A vote on whether to ban yakking while driving was cast in May 2009. “I don’t think you could go wrong with the public making a decision,” a city councilman said after the Sept. 16 vote on the vote. “I’ve just got this feeling it’s going to put the community at odds,” the sole opposing representative said. The anti-text messaging measure in Bowling Green was defeated by a clear majority.

Previous cell phone/texting legislation:
HB 425 from the 2007-2008 session would have prohibited drivers from text messaging. It was last seen in committee.

The cell phone industry wasn’t protesting HB 425: “We certainly wouldn’t take issue with that legislation,” said Joe Farren of CITA-The Wireless Association, the wireless industry lobby in America. “We don’t think anyone should be text messaging while they drive. Public safety is a constant and primary issue here.”

Maryland: Cell phone laws, legislation

Maryland distracted driving update: At least five distracted driving bills are in the hopper for 2012. Three seek to remove the secondary enforcement limitation on the state’s existing cell phone/texting laws.

In 2011, Senate committees rejected a House plan to upgrade distracted driving enforcement to primary status.

The loophole in Maryland’s texting law that allowed “reading” of messages while driving as well as texting while at stoplights has been closed. The revised distracted driving law took effect Oct. 1, 2011,

Current prohibitions:

• Text messaging is prohibited for all drivers.
• Handheld cell phone use banned for all drivers. Fines between $40 and $100.
• Drivers under the age of 18 with learner’s permits or intermediate licenses are prohibited from using cell phones.

Read the Maryland statutes: Text messaging | Handheld cell phones | Under 18

Distracted driving legislation (2012):
House Bill 104: Removes secondary enforcement status tag on Maryland distracted driving laws; specifies that bans on cell phones and other handheld electronic communications devices apply to use on “the travel portion of the roadway,” not just while in motion. Removes (lowered) fines of $40/$100 for these electronic distracted driving offenses and removes restriction on points against driver’s license for first-time offenders. Same as SB 217, below. (Malone, Kach)

House Bill 55: Separates cell phones and texting devices in distracted driving law definitions. For text messaging violators under 18 years of age, possible punishment of 90-day license suspension and license restrictions. Same as SB 529, below. (Malone)

HB 123: Would remove secondary enforcement status of laws regarding driving while using wireless communication devices. (Clagett)

Senate Bill 217: Would assign primary enforcement status to existing laws regarding driving while using cell phones and other handheld communications devices. Would change requirement that vehicle must be “in motion” for offense to occur, to “in the travel portion of the roadway.” Removes (lowered) fines of $40/$100 for these electronic distracted driving offenses and removes prohibition on assigning points against license for first-time offenders. (Robey, Conway, etc.)

SB 529: Separates cell phones and texting devices in definitions. For text messaging violators under 18 years of age, possible punishment of 90-day license suspension and license restrictions. Same as HB 55. (Robey)

2011 distracted driving legislation:
SB 424: Updates current ban on text messaging to include prohibition against “reading” messages (as well as writing and sending). Removes current law’s language that allows texting while vehicle is stopped in traffic. Similar to HB 196. Approved by the Senate in a 35-11 vote on March 7. OK’d by the House in a 114-24 vote on March 31. Latest action: Signed into law by the governor on May 19. Goes into effect Oct. 1, 2011. (Brochin)

HN 196: Updates current ban on text messaging to close several loopholes: Includes prohibition against “reading” messages (as well as writing and sending); adds “electronic message” (email, IMs, etc.) to the texting ban; and changes the provision that an offender’s vehicle must be “in motion” to specify “in the travel portion of the roadway.” Approved by the Environment Matters committee on Feb. 27. Approved by the full House on March 3 in a 115-23 vote. Latest action: OK’d by the Senate in a 36-10 vote on March 31. (Malone)

HB 221: Specifies that current ban on teenage drivers’ use of wireless communications devices does not apply to use of device as a text messaging device (purpose unclear). Adds “electronic messages” to overall ban on texting. Approved by the House in a 122-13 vote taken March 21.Latest action: Received an “unfavorable report” from the Senate’s Judicial Proceedings Committee on April 7. (Malone)

HB 222: Removes secondary enforcement status tag to distracted driving legislation; specifies bans apply to “the travel portion of the roadway,” not just while in motion. Approved by the House in a 92-39 vote on March 10. Sent to the Senate, where it was rejected by the Judiciary Committee (“unfavorable report”) on April 1. (Malone)

HB 373: Would repeal secondary enforcement provisions of laws regarding driving while using wireless communication devices. (Clagett)

Distracted driving notes (2011):
Delegate Michael Smigiel blasted the state’s texting and driving law during debate over the (successful) bill that closed two of its loopholes: “This is a nanny-state bill. This is an infringement on your liberties,” said Smigiel, R-Cecil.

Closing the texting law’s loopholes “just takes the guessing work away from police officers,” said SB 424 sponsor Sen. James Brochin, D-Baltimore County. The governor signed Brochin’s legislation on May 17, after it registered strong support in the legislature.

Talbot County Sheriff Dallas Pope said of HB 222′s rejection in the Senate: “Unfortunately, another year will pass with the chance of more lives being lost before we can address this once again. … They missed an opportunity to reduce the number of injuries and accidents caused by distracted drivers.” Pope is member of the Maryland Sheriffs Legislative Committee.

The Senate’s final approval of SB 424 came as a result of “one more year of legislators on the road and seeing someone who was not paying attention cause a near accident,” sponsor Sen. James Brochin said after the March 7 vote.

Just before the Senate gave initial approval to SB 424, Sen. Allan Kittleman attempted several amendments meant to make his point that distracted driving covers too many behaviors to legislate. One amendment sought to ban the reading of newspapers while driving, and the other proposed a ban on eating and drinking while driving. Those and other amendments were rejected before the emphatic March 3 vote in favor of closing the loophole in the state’s texting & driving law.

“This law goes to the core of the state invading the car,” Sen. E.J. Pipkin, R-Eastern Shore, said of SB 424. Another opponent, Sen. Edward Reilly, R-Anne Arundel County, said the bill gave police another tool with which to practice racial profiling.

Del. Jim Malone, D-Catonsville, is a longtime volunteer firefighter who often witnesses the effects of careless driving on bodies and property. He’s sponsoring three bills that would among other things make text messaging and use of handheld wireless devices a primary offense.

Distracted driving notes (pre-2011):
Maryland’s 2009 law outlawed the writing of text messages while driving, but not the reading of text messages. 2010 legislation that would close this loophole died on the last day of the session even though it was passed by the House and Senate. (It was revived for 2011).

Maryland’s law against text messaging and driving went into effect Oct. 1, 2009. Fines up to $500. Enforcement is “primary,” meaning police can pull over drivers for that reason alone. In the first year, police wrote more than 200 citations for texting.

Maryland retailers are enjoying a boom in hands-free devices for cell phones as the ban on using handheld mobile phones while driving has taken effect.

2010 legislation:
SB 321: Bans use of handheld cell phones while vehicle is in motion. Prohibits use of cell phones by school bus drivers and those with learner’s permits. Secondary enforcement. $40 fine (first offense), then $100. (Original bill’s fines were $100/$250). Known as the Delegate John Arnick Electronic Communications Traffic Safety Act. Approved by the Judicial Proceedings Committee on March 15 and then in amended form by the Maryland Senate (24-23 vote) on March 24. Sent to the House, where it won approval from the House Environmental Matters Committee on April 7. Approved by the House on April 9 (125-14 vote) and sent to Gov. Martin O’Malley, who signed it into law May 20. It goes into effect Oct. 1, 2010. (Stone)

HB 192: Prohibits reading of text messages while driving on Maryland’s roads and highways. Seeks to close loophole in 2009 texting law. Fine of up to $500. Approved by the House (135-2, March 11). The Senate voted for the bill on April 12 but sought to water down the texting law to apply only to vehicles that are in motion. This last-minute move put the bill back into play as the session ended. Dead for the year. (Malone)

HB 934: Would prohibit all drivers from use of handheld cell phones. Fine could be waived if driver shows proof of buying hands-free equipment. Also seeks to ban drivers over the age of 18 with learner’s permits or intermediate licenses from using all cell phones. Would prohibit cell phone use by school bus drivers. Primary enforcement. Fine $50 (first offense)/$100. No points on first offense unless an accident results. Calls for drivers-license test questions about wireless communications devices. (McIntosh)

SB 19: Similar to HB 934 (above). Primary enforcement. Voted down in the Judicial Proceedings Committee on March 15. (Lenett)

HB 385: Would outlaw a variety of wireless communications-related activities for drivers of motor vehicles, subway trains and light rail vehicles. Cites text messaging, web surfing, video games, video viewing. (Ali)

HB 299: A general distracted-driving bill that calls for secondary enforcement, meaning a violator cannot be pulled over for this reason alone. Appears identical to HB 236. (Malone)

SB 294: Same as HB 299 (above). Cross-filed. Rejected by the Judicial Proceedings Committee on March 15. (Glassman)

HB 190: Would outlaw video display screens that are visible to the driver. Allows for video equipment that is used as envisioned by the vehicle manufacturer. (Malone)

SB 322: Seeks to ban video display screens (such as TVs) that are visible to the driver. Same as HB 190 (above). Cross-filed. Approved by the Judicial Proceedings Committee on March 15. (Stone)

2010 legislation notes:
The successful handheld cell phone ban SB 321 was aliased as the Delegate John Arnick Electronic Communications Traffic Safety Act, in memory of the late lawmaker who started pushing for cell phone driving regulation back in 1999. His friend Sen. Norman R. Stone Jr., D-Dundalk, is the sponsor.

The parents of a Harford County girl whose death was blamed on a texting trucker attended the cell phone legislation signing and took home the pen used by the governor to enact it into law.

Jennifer Smith, founding director of the survivors group Focus Driven, attended a Senate panel session on distracted driving Feb. 17. She asked lawmakers if “anyone’s life (is) worth a few minutes on the phone?” She lost her mother to a cell phoning driver.

The 2010 session ended April 12 without closing the loophole in Maryland’s texting ban.

2009 legislation:
SB 98: Prohibits text messaging while driving on Maryland’s roads and highways. Given final approval by the full Senate and amended by the House to exempt reading of text messages. Sent to Gov. Martin O’Malley, who signed it April 7. Took effect Oct. 1.

HB 72: Would prohibit text messaging while driving. Approved by the House on a 133-2 vote and sent to the Senate on March 28, 2009. (See above)

SB 143: Prohibits drivers from using cell phones and other wireless communications devices with their hands. Would ban school bus drivers from using wireless devices. Would prohibit drivers with learner’s permits or intermediate licenses from using wireless devices. Appears dead in the Senate Judicial Proceedings Committee, with an “unfavorable ruling” of March 10, 2009.

SB 103: Same as SB 143 but apparently limited to handheld cell phones. “Unfavorable ruling” from Judicial Committee on March 10, 2009.

HB 323: Would outlaw drivers’ use of wireless devices for texting. Given “unfavorable report” in the Environmental Matters Committee.

Legislation notes:
No mystery: Gov. Martin O’Malley had indicated that he’d sign legislation banning text messaging while driving when it emerges from the Maryland House of Delegates.

SB 98, the successful text-messaging bill, faced Republican resistance over its maximum $500 penalty, but an amendment that would have removed the fine was rejected in the Senate by a 16-31 vote. Also rejected was an attempt to require police to pull over drivers for another offense before citing for text messaging. The texting legislation received preliminary approval from the Senate on March 13 and then full Senate approval on March 17. The final Senate vote on the text-messaging bill was 43-4.

The sponsor is Sen. Norman Stone, D-Baltimore County. During the Senate debate, he said of text messaging and driving: “We’re trying to prevent accidents. We’re trying to prevent injuries. We’re trying to prevent deaths. There’s no question that this is a dangerous, dangerous practice.”

“This was the very least we could do to advance public safety,” said SB 98 co-sponsor Sen. Jamie Raskin, D-Takoma Park, who also supports a ban on use of handheld cell phones while driving. “We didn’t get to the end zone, but we’ve moved the ball to the 50-yard line.”

SB 98, the texting legislation, is called the Delegate John Arnick Electronic Communications Traffic Safety Act. Arnick tried for eight years to get cell phone safety legislation through the Maryland General Assembly. He died in 2006.

Ragina Averella of AAA Mid-Atlantic on text messaging and driving: “Although there are numerous distractions facing motorists, this is an extreme distraction and one which poses increased safety risks by the very nature of the activity.”

Sen. Michael G. Lenett, D-Montgomery, sponsor of SB 143, says Gov. Martin O’Malley has vowed to sign the bill. “We are only fighting legislators at this point,” Lenett told the Baltimore Sun. Lenett’s has been backed by the Maryland State Police and the highway safety unit of the Maryland Department of Transportation. The bill appears dead for the 2009 session.

The Baltimore Sun has endorsed a ban on text messaging while driving.

Gov. Martin O’Malley has used his executive powers to ban use of handheld cell phones by Maryland state employees driving Maryland’s vehicles.

After a hearing in which legislators heard from a man whose daughter was killed in a texting-related crash, Sen. Brian E. Frosh, chairman of the Judicial Proceedings Committee, said: “If we can’t get a strong cell phone bill, then maybe we can get a strong texting-while-driving prohibition.”

During the 2008 session, Sen. Lenett, who had been pushing for limits on drivers’ use of cell phones and texting devices, pushed SB 2 through the full Senate in March, the first time a hand-held proposal was approved by a legislative body in Maryland. It was killed March 27 in a close vote in the state’s House Environmental Matters Committee committee.

“No one has convinced me that cellphones are as dangerous as people say,” a delegate who voted against the handheld phone ban said. Another opponent said, “We’re lacking data.”

“Very disappointing (but) we made more progress this year with this legislation than has ever been made before,” said Lenett, who’ll be reviving the cell phone driving proposal for ’09.

SB 461, which would have made the cell phone limits on teens a primary offense, also was rejected in March 2008.

Maryland’s Legislature has been debating cell phone driving bills since 1999.

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