Wisconsin: Cell phone laws, legislation

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

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

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

Current prohibitions:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Ohio: Cell phone laws, legislation

Cell phone, text messaging news: Gov. John R. Kasich has signaled he’ll sign the texting & driving legislation approved by the state Legislature. The final version of the plan cleared the House on May 15.

Ohio’s new texting law goes into effect 90 days after the governor signs the measure, with a six-month warning period to follow.

The Senate watered down the original legislation, resulting in for secondary enforcement for adult texters. This means that police need another reason to stop and cite violators, such as weaving or speeding.

For drivers under the age of 18, however, texting and use of other portable electronic devices will be a primary offense.

Fines for adult violators: $150. For teen violators, fines top out at $300 with possible loss of the driver’s license.

Ohio most likely will become the 39th state to ban text messaging while driving.

Current prohibitions:

• No statewide limits on cell phone use or text messaging.
• Cleveland, Toledo, Columbus, Delaware, Belpre, Berea and Zanesville are among the many Ohio cities that have banned text messaging while driving (more cities below). The new texting law will not override local legislation that calls for stiffer penalties or enforcement.

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. Primary enforcement. 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, 2011. Approved by the full House in an 88-10 vote taken June 28, 2011. Amended and approved by the Senate Highways and Transportation Committee on May 2, 2012. Approved by the full Senate on May 3 and returned to the House (detail below). Latest legislative action: The House gave final approval on May 15 and sent the measure to the governor, who has indicated he’ll sign it. (Damschroder, Garland)

Senate activity on HB 99: Amended and approved by the Senate Transportation Committee in a 6-3 vote taken May 2, 2012. Approved by the full Senate in a 28-5 vote May 3 and returned to the House. The Senate version would make text messaging by adults a secondary offense, watering down the House plan. For drivers under the age of 18, however, texting and use of other portable electronic devices would be a primary offense. (The House version did not single out teenage drivers.) Fine for teens: $150 plus 60-day license suspension. Subsequent offenses by teens would bring $300 fines and loss of license for a year.

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)

Distracted driving notes (2012):
Between 2009 and 2011, 31,231 accidents in Ohio involved distracted drivers, state police say. Those wrecks led to 74 deaths and 7,825 injuries.

“Distracted driving is unsafe, irresponsible — and in a split second, its consequences can be devastating,” Patrol superintendent John Born said April 11 in announcing the stats. Cuyahoga County, which includes Cleveland, had the most wrecks. View Ohio distracted driving crashes by district.

Cleveland Councilman Zack Reed has proposed a citywide ban on all uses of handheld cell phones while driving. “The distracted driving accidents that have occurred here in Cuyahoga County far exceed those in the state of Ohio, more than Columbus, Cincinnati and Toledo combined,” the Cleveland councilman said in filing the legislation April 30.

Councilman Zack Reed’s 2012 plan to ban use of handheld cell phones in Cleveland follows up on his ordinance that succeeded in banning texting & driving in 2009. He accused state legislators of “sticking their heads in the sand” when it comes to distracted driving. Fines: $100, then $250, then $500.

Senate President Tom Niehaus told reporters in early February that the House texting bill was unlikely to advance unless more senators register their support. AAA lobbied senators on behalf of the legislation.

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).

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.”

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.

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.

Louisville, Ohio, lawmakers went back and forth on a plan for a text messaging ordinance before rejecting it. “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 (see his reader comment below). The bill was approved in a 3-2 vote Dec. 19 but defeated on second reading (4-1).

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:
Cleveland banned texting & driving in city limits in 2009. Fines range from $150-$500.

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 handheld cell phone law.

In 2011, Senate committees rejected a House plan to upgrade enforcement of the handheld cell phone law to primary status. Violators of the text messaging law are subject to primary enforcement.

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 news & notes (2012):
State Delegate Jimmy Malone says of his House Bill 104: “I want (handheld cell phone use while driving) to be a primary offense, and I want it to be identical to the texting bill.”

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.

Index: Cell phone laws, legislation by state

See what your state’s cell phone and texting laws for drivers prohibit — or are about to prohibit. The majority of U.S. states have restrictions on drivers’ use of handheld electronics, or are about to limit their use.

You are responsible for knowing the distracted driving laws while motoring in any state or municipal area.

See also: State distracted driving laws chart.

View distracted driving laws and legislation by state:

Alabama – Alaska – Arizona – Arkansas – California – Colorado

Connecticut – Delaware – District of Columbia – Florida – Georgia – Hawaii

Idaho – Illinois – Indiana – Iowa – Kansas – Kentucky – Louisiana – Maine

Maryland – Massachusetts – Michigan – Minnesota – Mississippi – Missouri

Montana – Nebraska – Nevada – New Hampshire – New Jersey – New Mexico

New York – New York cities, counties – North Carolina – North Dakota

Ohio – Oklahoma – Oregon – Pennsylvania – Rhode Island – South Carolina

South Dakota – Tennessee – Texas – Utah – Vermont – Virginia

State of Washington – West Virginia – Wisconsin – Wyoming

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.

Rhode Island: Cell phone laws, legislation

Cell phone, texting update: : For the 2012 session, state Sen. Susan Sosnowski refiled her plan for a ban on handheld cell phone use while driving. Rhode Island already outlaws texting & driving. That distracted driving law went into effect in November 2009.

An unusual bill in the House would mandate that drivers caught using text messaging install a blocking device that prevents cell phone calls and texting. The Judiciary Committee recommended the plan from state Rep. Charlene Lima be “held for further study,” as it did in 2011.

Current prohibitions:

• Text messaging outlawed for all drivers on Rhode Island roads.
• Drivers under the age of 18 prohibited from using cell phones.
• School bus operators prohibited from using cell phones while driving.

Read Rhode Island’s texting & driving statute.

2012 distracted driving legislation
Senate Bill 2223: Would ban use of handheld mobile phones while driving. Includes general distracted driving provision. Fine: $100, which can be waived if a first-time violator shows proof of a subsequent hands-free device purchase. (Sosnowski)

SB 2416: Would establish a legal presumption of negligence if a driver is involved in a crash while using a cell phone. Driver using cell phone will be presumed to be the cause of the accident. Applies to civil litigation. (Cote, Sosnowski)

HB 7204: Would rewrite current texting law to add mandatory requirement that violators have texting and cell phone blocking device placed in vehicle. People convicted of texting and driving cannot operate any vehicle without blocking device, and if caught do so would lose license for one year (first offense), then two years. Judiciary Committee recommended the bill be held “for further study” on Feb. 28 (see 2011′s HB 5870, below). (Lima, McNamara)

HB 7110: Right to privacy legsislation that ould require search warrants for police who want to view possibly incriminating information on personal electronic devices. Judiciary Committee recommended the bill be held “for further study” on March 13. (Ajello)

2011 distracted driving legislation
Senate Bill 242: Would outlaw use of handheld cell phones by all drivers in Rhode Island. Fine: maximum of $100. A first offender can have fine suspended by showing proof of purchase of a hands-free device for the cell phone. Judiciary Committee recommended the bill be held “for further study” on May 5. (Sosnowski)

SB 346: Would prohibit drivers under the age of 21 from using handheld cell phones to talk or text message while vehicle is in motion. Fine: up to $100. First offenders’ fines suspended provided they prove they bought a hands-free accessory for the mobile phone. Approved by the Senate Judiciary Committee in a unanimous vote on June 14. (Lombardo)

HB 5870: Would prohibit the use of “wireless handsets” while driving in Rhode Island. Upon conviction, violators must install a device blocking cell phone calls and text messaging in their vehicle. Fine $85 (first offense) then $100 and then $125. Drivers ordered to block their wireless devices but do not are subject to one-year and then two-year license suspensions. Judiciary Committee recommended the bill be held “for further study” on April 4. (Lima)

2010 legislation
HB 7103: Would prohibit motor vehicle drivers and bicyclists from using cell phones unless a hands-free accessory is employed. Ear phones and headsets cannot cover both ears. Fines of $35 to $140. (Kilmartin)

HB 7117: Would create a general inattentive-driving law that comes into play when driver has committed a moving violation. $50 fine in addition to any other fines. (Kilmartin)

HB 7031: Would prohibit use of handheld mobile phones on Rhode Island roads and highways. Use of cell phones OK if a hands-free attachment is employed. $100 fine for first-time violator who shows proof of purchase of a hands-free attachment. (Giannini)

2009 legislation:
HB 5021 and SB 204 (Substitute A): Bans sending, reading or writing a text messaging while driving a motor vehicle. Approved by the Rhode Island Senate on April 7. (SB 204 was filed as a handheld cell phone ban.) Approved by the House on Oct. 29 and sent to the governor. Signed into law by the governor on Nov. 10, 2009, and effective immediately.

HB 5022 seeks to ban drivers from cell phoning unless a hands-free device is utilized. Also targets text messaging.

HB 5242 would change the existing law against driving or bicycling while wearing earphones or headphones to add a ban against handheld cell phones.

HB 5198 would bar minors from text messaging while driving.

HB 5604: Seeks to ban text messaging while driving on Rhode Island roads.

SB 8: Would outlaw texting while driving. Held in committee. (See SB 204 above)

Legislation notes:
Rep. Peter Kilmartin, D-Pawtucket, and Sen. Susan Sosnowski, D-South Kingstown, pushed through the General Assembly the ban on text messaging while driving on Rhode Island roads. It brings a $85 fine for the first offense, $100 for the second and $125 for the third. The DOT ran an ad campaign alerting drivers to the Rhode Island texting and driving law.

Kilmartin said after House approval of the texting ban on Oct. 29: “The bill we passed addresses the most egregious form of distracted driving, but I still believe we should pass hands-free cell phone legislation and I will continue that fight next year.”

Debate on the texting ban included criticisms that the bill did not go far enough and ban cell phone use by drivers. “I realize this is a 10-year effort, and if we can get the most egregious offense out of the way at this time I’m happy doing this,” Kilmartin said.

In 2001, the General Assembly passed Kilmartin’s bill banning handheld cell phones. The Rhode Island governor vetoed the legislation, which would have created one of the nation’s earliest cell phoning while driving laws. Kilmartin, a former policeman, was almost hit by a driver using a handheld electronic device a decade ago.

Sen. Sosnowski sponsored the Senate cell phone and text messaging bills. Under the texting legislation, approved by the Senate on April 7, fines scale from $50 to $75 to $100.

After her texting legislation cleared the Senate Judiciary Committee — but not her handheld cell phone ban — Sosnowski said: “I think it’s a good start. … Texting is just so dangerous, and we have to tell people this is not acceptable, especially our young drivers.”

New Jersey: Cell phone laws, legislation

Distracted driving update: At least six pieces of distracted driving legislation are up for consideration in the 2012 session. They include S69, which the sponsor says “would give New Jersey the toughest hands-free cell phone law violations in the nation.”

In 2011, the state Senate approved that plan (then numbered S2181) to significantly toughen New Jersey’s distracted driving law, with fines starting at $200 and increasing to $600 (plus license suspension and points). It failed to clear the House, however.

S69/S2181 sponsor Sen. Richard Codey pushed for action on his bill in both houses by citing the National Transportation Safety Board’s recent call for a total U.S. ban on cell phone use while driving. “In light of the NTSB’s recent announcement, it would only make sense that we move to get this legislation passed and signed into law,” Codey said Dec. 21.

Current prohibitions:

• Drivers must use hands-free devices while talking on cell phones. ($100 fine plus costs)
• Text messaging and use of video games prohibited while driving.
• School bus operators prohibited from using cell phones while driving.
• Drivers under the age of 21 with learner’s permits or probationary licenses are prohibited from using cell phones, texting devices and other hand-held or hands-free wireless electronic devices while driving (includes iPods).

Distracted driving notes (2012):
“Enough is enough,” says Assemblyman Paul Moriarty, sponsor of a bill that would allow reckless driving prosecution of distracted driving offenders. Moriarty’s A2199 is dubbed the Kulesh, Kubert, and Bolis Law, referring to New Jersey victims of alleged distracted drivers. Moriarty’s measure also would dump the current $100 fine for a graduated penalty scale that begins at $200.

Distracted driving legislation (2012-2013):
S69: Would hike penalties for violators of state’s hands-free cell phone/texting law. Fines for first-time violators increased by $100, to $200. Second offense in 10 years would bring a $400 fine. Third and subsequent offenses within 10 years of the first would be $600 plus a 90-day license suspension and 3 points against license. Previously S2181. Read the bill as introduced Jan. 10. (Codey)

S1616: Would add use of a cell phone to list of actions that could be classified as criminal homicide. Proof of cell phone use during a serious crash “may give rise to an inference that the defendant was driving recklessly.” (aka Kulesh and Kubert’s Law). Approved by the Senate Law and Public Safety Committee in a 5-0 vote taken May 14. (Madden, Lesniak)

A1074: Provides for charge of vehicular homicide or assault by vehicle if a death occurs due to a driver’s cell phone use. Driving while using a cell phone would be assumed to be reckless driving. aka Kulesh and Kubert’s Law. Penalties would include prison time and fines up to $150,000, similar to drunken driver punishments. Bill number A2816 in the previous session. Read the Kulesh and Kubert bill as introduced Jan. 10, 2012. (Quijano, Coutinho, etc.)

A1080: Would increase penalties for hands-free cell phone/text messaging law violations. Fines: $200 then $400 and then $600. 90-day driver’s license suspension for third and subsequent offenses and 3 points against license. Previously A3154. Read the bill as introduced Jan. 10. (Quijano, Spencer, etc.)

A1480: Would bar police from seizing cell phones without a warrant. (O’Scanlon)

A1619: For holders of commercial driver’s licenses, would increase fine for texting or using handheld cell phone to $250. Fine would remain $100 for non-commercial drivers. Previously A2437. Read the bill as introduced Jan. 10. (Bramnick, Gove)

A1628: Would make violators of the state electronic distracted driving laws guilty of reckless driving. Fine: $100 and/or imprisonment for up to 60 days. 5 points against driver’s license. Previously A4176. Read the bill as introduced Jan. 10. (Bramnick)

A2199 : Would increase fines for text messaging or using handheld cell phones to $200 (first offense) then $400 and then $600. For more than two violations, 3 points against driver’s license and possible 90-day license suspension. Also clears way for reckless driving prosecution for violators of handheld cell phone law. Aka Kulesh, Kubert, and Bolis Law. Read the bill as introduced Feb. 3. (Moriarty)

A2355/S1179: Would bar drivers of boats from texting and using of cell phones.

2011 distracted driving notes:
SB 2181 sponsor Sen. Richard Codey, D-Essex, has waited a year for further meaningful activity on his legislation, which cleared the Senate in December 2010: “I hope that the Assembly can move on this bill before the current Legislative session is over and that Gov. Christie will sign it as soon as it lands on his desk. … Any further delay will only cause more risk for people on the road,” Codey said shortly after the NTSB recommended a total ban on cell phones and driving in the U.S. The year ended without further activity and the bill was renamed S69 for 2012-13.

Codey said in March 2011: “While New Jersey has appropriately tough laws on the books regarding drinking while driving, the penalties for texting while driving are a mere slap on the wrist.” Codey authored the 2007 legislation that upgraded New Jersey’s handheld cell phone ban to primary enforcement.

New Jersey drivers can’t be cited for having their hands on cell phones, an appellate court ruled. The judges overturned a ruling in Superior Court that said, essentially, that the pushing of buttons wasn’t necessary to operate a cell phone in hands-free mode. The appellate court judges noted that drivers need to punch in phone numbers (or a speed-dial number) in order to initiate a call. The case began after a Tenafly police officer cited a motorist for “pushing buttons” on his cell phone.

Assemblyman Patrick Diegnan saw his A407 signed into law by the governor in late January. It bars train operators and bus drivers from using wireless electronic communications devices.“Hopefully this (enactment will) send a strong message that public safety always supersedes any need to send a text message,” said Diegnan, D-Middlesex. “A text message can wait. Public transportation safety cannot.”

The bills seeking to establish the “Kulesh and Kubert’s Law” (S1950, A2816) were introduced on May 20, 2010, but have not advanced as of February 2011. A tentative hearing has been set before the Assembly’s Law and Public Safety committee on March 3. Assemblyman Gordon Johnson, the committee’s chairman, supports the legislation.

The law would be named after Helen Kulesh, who was killed by a woman driving and talking on a cell phone, and David and Linda Kubert, who both lost a leg after a motorist hit them, allegedly while texting and driving with his elbows. Sen. Raymond Lesniak is the Senate sponsor; Reps. Annette Quijano and Albert Coutinho are the House sponsors.

The Assembly is considering a bill (AB 3312) that would prohibit boat drivers from texting or using cell phones (handheld or hands-free) while on the water.

New Jersey officials suspect distracted driving is partly responsible for an 18 percent increase in collision fatalities in 2011′s first quarter.

State Police say that 24 people were killed in accidents blamed on cell phone-related crashes between 2006 and 2009 and 3,076 others were injured.

2010-2011 legislation:
S2181: Provides for graduated penalties for violators of state’s hands-free cell phone/texting law. (As amended 9/13) fines for first-time violators would be increased by $100, to $200. Second offense in 10 years would bring a $400 fine. Third and subsequent offenses within 10 years of the first would be $600 plus a 90-day license suspension. Approved (4-1) by the Senate Law and Public Safety Committee on Sept. 13, 2010, and then by the Senate Budget and Appropriations Committee (7-4) on Nov. 15, 2010. The plan to establish graduated penalties for distracted driving was approved by the full Senate in a 30-7 vote on Dec. 20, 2010. Latest action: Approved by the Assembly Law and Public Safety Committee in an 8-0 vote on March 7. Sent to the budget committee. Companion to A3154, below. (Codey and Girgenti).

A407: Prohibits train operators and bus drivers from using wireless telephones and other electronic communications devices. Includes light-rail operators. Fines up to $1,000, imprisonment for six months, or both. Approved by the Senate (38-0 vote) on Oct. 18. Approved by the Assembly (74-0-1) on Dec. 13. Latest action: Signed into law by Gov. Chris Christie on or about Jan. 26, 2011. (Companion bill S732) (Diegnan)

A2331: Would prohibit driving instructors from using cell phones (handheld and hands-free) as well as other handheld wireless communications devices. Formerly A2737. Fines: $25 (first) then $50. (Rumpf)

A2816: Provides for charge of vehicular homicide or assault by vehicle if a death occurs due to a driver’s cell phone use. Driving while using a cell phone would be assumed to be reckless driving. aka Kulesh and Kubert’s Law. Penalties would include prison time and fines up to $150,000, similar to drunken driver punishments. The Assembly Law and Public Safety Committee reported favorably on the bill May 19, 2011. Companion bill to S2181, below. (Quijano)

A3154: Seeks tougher graduated penalties for violators of state’s hands-free cell phone/text messaging law. Fines: $200 (first offense), then $400 and then $600 (fines increased via amendment). 90-day driver’s license suspension for third and subsequent offenses. Amended by Assembly Law and Public Safety Committee March 7 and referred to Assembly Appropriations Committee. Companion bill to S2181, which also has been amended to the higher fines shown above. (Quijano)

S1950: Provides for charge of vehicular homicide or assault by vehicle if a death occurs due to a driver’s cell phone use. Driving while using a cell phone would be assumed to be reckless driving. aka Kulesh and Kubert’s Law. Penalties would include prison time and fines up to $150,000, similar to drunken driver punishments. Senate Law and Public Safety Committee voted in favor of bill (4-0) on May 26, 2011. Identical to A2816. (Lesniak)

S1429: Exempts from any distracted driving laws the use of citizen’s band and two-way radios by operators of commercial motor vehicles. A2542 in House. Formerly S2243. Approved by the governor and now law. (Madden)

S732: Transit driver bill substituted by A407, above. (Sacco)

Use the following link to search for full reports on New Jersey distracted driving bills. (State’s web site does not allow direct links to bills.)

2010 distracted driving notes:
Sen. RIchard Codey sponsored S2181, which toughens penalties for cell phone use. “It is time to take serious action against those who would put themselves and the public at risk,” Codey said upon the bill’s passage in the Senate on Dec. 20. “Texting while driving is a lethal, dangerous activity that goes about essentially unpunished in New Jersey.”

New Jersey law agencies are writing about 10,000 tickets a month for driving and using handheld cell phones, or for driving and text messaging. A407, which restricts public transit drivers from text messaging, is a repeat of last session’s A3358. Approval in both houses was unanimous.

More SB 2181: Sen. Codey told a Senate panel: “Despite public outreach, despite the dangers, despite police crackdowns, we still see drivers on our roads ignoring common sense and violating the state’s hands-free cell phone law.” The committee agreed, advancing his bill in a 4-1 vote on Sept. 13.

The Division of Highway Traffic Safety said about 225,000 tickets were issued in the two-year period after New Jersey’s handheld cell phone law went into effect in March 2008. About 3,600 accidents were linked to handheld cell phone use in that period. Between 2006 and 2008, 5,500 phone-related accidents were reported.

In 2009, accidents linked to handheld cell phone use by drivers numbered 1,789. Six people died in those crashes, authorities said.

The New Jersey Graduated Driver License Law was updated May 1 in part to clarify the ban on all uses of hand-held or hands-free interactive wireless communication devices for drivers with probationary (provisional) licenses. They are prohibited from using any kind of controls on these devices, including buttons and keys.

The AAA Clubs of New Jersey report that almost all state drivers believe other motorists are distracted by cell phones — but only 52 percent admit to talking and driving themselves. 37 percent of drivers between the ages of 18 and 29 said they used text messaging devices or cell phones while behind the wheel.

2009 legislation:
A3358: Would have prohibited operators of public transit vehicles from text messaging while vehicles are moving. Includes light-rail operators. Combined with A3285, which addressed texting and railway operators. (Same as S2536.)

Legislation notes:
A3358 is sponsored by Assemblyman Patrick Diegnan Jr., D-Middlesex. It cleared in the transportation committee as a substitute on Jan. 26, 2009.

Diegnan’s ban on texting while driving public transit vehicles calls for fines of up to $1,000 and six months in jail. It is one of the many texting-related bills filed nationwide in response to the L.A. commuter crash.

Twin House and Senate bills that would have exempted truckers from the state’s ban on handheld cell phone use failed to advance in the 2009 session. Specifically, the bills would have approved use of citizen’s band radios and two-way radios. The House bill was approved, but the Senate left the legislation in committee. (AB 3084, SB 2242)

The Assembly has approved a plan for drivers with limited licenses (teenagers, usually) to place an identifying placard on their vehicles. Part of the idea is to help police enforce New Jersey’s law that prohibits motorists under the graduated driver program from talking on a cell phone, regardless of whether a hands-free device is employed. The Assembly vote came March 5 and the plan awaits the governor’s signature.

Eighteen municipalities in seven New Jersey counties undertook a two-week crackdown on drivers ignoring the state’s cell phone law for motorists. The March 2009 “Hang Up, Just Drive” program was funded by the Division of Highway Traffic Safety, which reported an drop in reports of illegal cell phone use after the sweep.

New Jersey was one of the first states to ban hand-held cell phone use and text messaging while driving. It also was a leader in prohibiting cell phone use by drivers with permits. In 2007, its existing cell phone driving law was updated to a primary offense, meaning police can stop suspected violators solely for that reason. The texting rules went into effect in March 2008.

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