No. 38: Alabama bans texting & driving

Starting Aug. 1, text messaging while driving will be illegal in the state of Alabama.

Gov. Robert Bentley signed off on the distracted driving legislation May 8. The law was a long time coming.

The bill’s author is state Rep. Jim McClendon, left, one of the nation’s most persistent lawmakers when it comes to distracted driving.

McClendon, R-Springville, saw his distracted driving legislation rejected or ignored at least six times. In 2011 and 2012, McClendon’s texting and driving bills cleared the House only to die in the Senate.

This year, the Senate played ball. A compromise deal was stuck April 26, with House Bill 2 winning unanimous approval in both houses of the Legislature.

For a state that was hesitant to pass a texting law, it gave its new law some teeth. The Alabama texting ban will receive primary enforcement. Fines are relatively low — $25 (first offense) then $50 and $75 — but convictions bring two points against the driver’s license.

Alabama becomes the 38th state to ban texting while driving. Drivers age 18 and above are allowed to use cell phones in the state, but teenagers are not.

McClendon said he understood the delay in getting a texting law: Alabama is a state big on its personal liberties, he said, not New York or California — and needed some time to come around.

State Rep. Alvin Holmes, D-Montgomery, was one of the lawmakers who opposed text messaging legislation in the past but voted for McClendon’s plan this year. “I saw a young lady come that close to death with an 18-wheeler because of texting,” he said after the key House vote.

It wasn’t certain that Gov. Bentley was going to sign the distracted driving bill when it emerged from the Legislature. He clearly was on board at the signing:

“It doesn’t take a lot of common sense to know that you can’t text and drive at the same time,” Bentley said. “I believe this will save lives.”

DOT chief Roy La Hood chimed in: “With Governor Bentley’s signature, now more than three-quarters of all states outlaw one of the riskiest behaviors behind the wheel — texting and driving.

“Alabama roads and motorists will be safer as a result of this law,” La Hood said.

Idaho outlaws texting while driving

Text messaging while behind the wheel will no longer be permitted in Idaho as of July 1.

Gov. Butch Otter signed the Legislature’s distracted driving measure April 5. The distracted driving law will receive primary enforcement — police can stop and cite offenders for that reason alone — but offenses are not moving violations. Also, there are no points assessed against the driver’s license.

The fine for texting & driving in Idaho will be $85.

Idaho became the 37th state to outlaw text messaging while driving, following West Virginia by only two days.

West Virginia also banned use of handheld cell phones while driving, but in Idaho a similar plan (from the Senate) was ignored during the legislative session, which officially ended March 29.

A few legislators pointed out that the new law did not adequately cover current technologies.

The successful Senate Bill 1274 focused on texting alone — reading, writing, transmitting — without mention of the many potentially distracted computer functions offered by smartphones such as the iPhone.

House sponsor Rep. Judy Ellsworth, R-Boise, replied during debate: “I do know that teenagers know what texting is, and I believe that this bill will send that message to them.”

Idaho’s Legislature had rejected all distracted driving legislation until now — with infringements on personal liberties often cited — but lawmakers acknowledged that public sentiment has changed.

The death of an 18-year-old Caldwell woman early in the year weighed on the debate. She was texting extensively before rear-ending a semi-trailer truck, and also receiving Facebook communications, police reported. Taylor Sauer’s parents became distracted driving activists.

A AAA Idaho survey of state voters found 87 percent in support of a statewide ban on texting while driving.

Also in 2012, state Sen. Les Bock proposed a prohibition on use of handheld cell phones by all drivers, but that bill failed to advance.

Read the Idaho distracted driving news page.

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.

Wyoming: Cell phone & texting laws, bills

Distracted driving update: Wyoming was the 20th state to ban text messaging while driving, but there appears to be little momentum toward a handheld cell phone law. The texting & driving law took effect in July 2010.

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

Current prohibitions:

• Text messaging prohibited for all drivers.

Read the Wyoming text messaging law.

2011 distracted driving legislation:
None.

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

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

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

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

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

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

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

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

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

2009 legislative notes:

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

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

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

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

Idaho: Cell phone laws, legislation

Cell phone, text messaging news: Texting and driving will no longer be permitted in Idaho as of July 1. Gov. Butch Otter signed the Legislature’s distracted driving measure April 5. The law calls for primary enforcement but offenses are not moving violations. No points against the license.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Indiana: Cell phone laws, legislation

Cell phone, texting update: Only one bill addressing cell phone use by drivers was been filed for the 2012 session: SB 342, which would have outlawed use of handheld wireless communications devices in work zones. It did not advance.

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

Few tickets have been written under the texting law, police say, because it is hard to tell if a driver is texting or entering a phone number.

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, dead):
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). In Tucson, drivers banned from text messaging as of April 1, 2012.

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 or text messaging.

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 or text messaging.

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 or text messaging. 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 or text messaging. Toledo, Columbus and a handful of other cities ban texting & driving.

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: Texting and driving outlawed. No statewide limits on cell phone use. Some local ordinances.

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 or text messaging.

South Dakota: No limits on cell phone use or text messaging.

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

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 under age 18 with learner’s permits/intermediate licenses are prohibited from using all wireless communication devices. School bus drivers prohibited from using cell phones while operating the vehicles. New law: Text messaging and handheld cell phone use prohibited for all drivers, effective July 1, 2012.

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.

Guam and the Virgin Islands prohibit all handheld cell phone use while driving.

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.

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