Idaho: Cell phone laws, legislation
December 30, 2008
Cell phone, text messaging news: The Senate Transportation Committee chairman’s legislation that would add texting to the state’s inattentive driving statute has been approved by the full Senate and sent to the House. It includes possible jail time for violators. Sen. Les Block continues his campaign to ban handheld cell phone use and text messaging for all Idaho drivers.
Current prohibitions: None.
2010 legislation
SB 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. (McGee/Senate Transportation Committee)
SB 1264: Would outlaw use of handheld cell phones on Idaho’s roads and highways. Provides for use of hands-free devices
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)
Legislation notes:
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. McGee, R-Caldwell, said his texting bill will be the one to emerge from committee.
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.
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.
A column by civil libertarian Wayne Hoffman in the Idaho Statesman gives a unusually thorough summary of the personal-freedoms arguments against cell phone and texting prohibition. He called 2009’s Senate bill 1030 “one of the biggest threats to our freedoms.”
Idaho Falls has debated an ordinance targeting drivers distracted by cell phones and text messaging.
The debate over the cell phone ordinance mirrors discussions taking place all over the country.
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
Pennsylvania: Cell phone laws, legislation
December 19, 2008
Pennsylvania cell phone/texting news: The House has approved a ban on handheld cell phone use and text messaging for all drivers — and on use of any wireless communications devices by drivers with restricted licenses. The plan is now in the Senate, which passed a text messaging bill last summer. The governor indicated he would sign the House legislation if it survives the Senate.
Philadelphia, Harrisburg, Erie and Allentown have banned cell phone use by drivers unless a hands-free attachment is in use.
Current prohibitions:
No statewide limits on cell phone use. Some local ordinances address cell phones and driving.
Driving while using a handheld cell phone and text messaging banned in Philadelphia and Harrisburg.
Active legislation (2010):
HB 2070: Would prohibit all drivers from use of handheld cell phones and text messaging while on Pennsylvania roads. Cell phone use OK if a hands-free accessory
Senate Bill 1188: Would outlaw drivers’ use of handheld cell phones and texting devices. Also seeks to ban all wireless communication device use by drivers under 18. Fines of $50, doubled in school and construction zones. (Williams)
List of other 2009-2010 legislation below.
2010 legislation notes:
Rep. Joe Markosek, D-Allegheny, and Rep. Josh Shapiro, D-Montgomery, are the principals behind HB 2070, which passed the full House on Jan. 26, 2010. In addition to the ban on handheld devices and the total restriction on wireless communications devices by younger drivers, it calls for a statewide education campaign on distracted driving and an annual report on accidents caused by text messaging and cell phoning while behind the wheel.
“This legislation is proof that the Legislature does listen to the public outcry,” Markosek said after the House voted 189-6 in favor of his bill. He added: “We are all one text from eternity.”
The Philadelphia Inquirer editorialized in favor of HB 67 on Jan. 3, 2010: “While Harrisburg considers whether a cell phone ban or a passenger restriction is fair to kids, our teens are dying on the roads in predictable, preventable patterns.”
Rep. Markosek is the head of the Transportation Committee, who in 2008 spearheaded HB 67 and an overall distracted-driving bill. He said HB 2070 was a compromise, put together by a study panel.
Allentown’s ban on driving while using handheld cell phones was approved March 3. Fines of $150 to $300. Enforcement is set for April 19. The law was inspired by a fatal crash, blamed on a cell-phoning teen, in which two parents died and their daughter almost lost her life..
Philadelphia police say they’ve stopped an average of 50 drivers a day for violating the city’s texting while driving law. Almost 2,500 citations had been issued in December 2009 and January 2010, the Philadelphia Inquirer reported.
The City of Harrisburg has taken action on distracted driving, with a ban on use of interactive wireless communication devices that went into effect March 1. $100 fine (first offense), then up to $1,000.
2009-2010 session legislation
HB 67: Would prohibit drivers with provisional licenses from cell phoning or text messaging. Approved by House on April 27, 2009, and sent to the Senate, which passed a watered-down version. Includes a distracted driving provision for all drivers.
HB 1375: Would prohibit use of wireless communication devices while driving on Pennsylvania roads and highways. (DePasquale)
SB 143: Would outlaw texting while driving in Pennslvania. Covers sending, reading or writing text messages. Approved by the Senate in a 44-3 vote and sent to the House on July 9, 2009. Makes texting a secondary offense with a maximum $100 fine.
SB 950: Would prohibit text messaging by all drivers in Pennsylvania.
HB 538: Would prohibit handheld cell phone use by drivers (hands-free device OK) and text messaging while driving. Would outlaw use of “wireless interactive devices” by drivers with restricted licenses.
HB 307: Would prohibit use of cellular phones by school bus drivers.
HB 502: Would create an offense for distracted driving. Includes electronic devices, cell phones, grooming aides, books.
HB 305: Would prohibit text messaging while operating a motor vehicle in Pennsylvania.
SB 459: Would outlaw use of handheld cell phones and other wireless devices while operating motor vehicles. Hands-free OK.
Previous legislation notes:
An amendment to HB 67 that would have made banned use of handheld phones for all drivers was narrowly defeated in the Pennsylvania House on April 23. HB 67 would prohibit drivers with provisional licenses from cell phoning or text messaging while imposing other limits on teenage drivers.
The Philadelphia Inquirer pointed out July 31 that the Pennsylvania Senate plan to outlaw texting “would make Philadelphia’s roads less safe by upending the city’s ban on handheld phones and texting.” Senate Bill 143 makes texting a secondary offense, meaning law officers would not pull over motorists for that reason alone.
The cell phone amendment was offered by Rep. Josh Shapiro, D-Abington Township, author of HB 538 and previous cell phone-driving bills. The House did add a distracted driving amendment to HB 67.
Rep. Shapiro rounded up 73 co-sponsors for his third try on a cell phone bill HB 538 that would prohibit driving and talking without the use of a hands-free device.
On Shapiro’s first try at restricting cell phone use by Pennsylvania drivers, in 2005-006, the bill had 31 co-sponsors. In 2007-08, it had 46 co-sponsors.
Shapiro, interviewed on the cell phone legislation by the Morning Call, said: “As the seatbelt law demonstrated, a law on the books is the best deterrent to a dangerous behavior. The goal of my legislation is not to be punitive, but to end this dangerous behavior.”
Crash survivor Jacy Good has been lobbying for the cell phone driving legislation (HB 538). She lost both parents in the wreck, caused by a teenage driver on a cell phone. “I will not stop until this bill becomes law,” Good told a news conference March 11. She received a shattered pelvis and a brain injury in the cell phone-related crash.
Rep. Kate Harper, R-61st District, fears her HB 67 won’t survive its trip through the Pennsylvania General Assembly: “Too many of the members like their electronic gadgets,” Harper told The Reporter. “The thinking is, ‘If we ban teens from using certain devices when they drive, maybe we’ll ban other people from using them.’”
Rep. Eugene DePasquale, D-York, is an advocate for cell phone and text messaging legislation in Pennsylvania. “I do believe we’re going to make some progress on driver safety (in the 2009 session),” DePasquale told the Evening Sun.
Both Shapiro and DePasquale introduced similar bills in 2008.
Rep. Markosek in 2008 sponsored HB 2674 seeking restrictions on teen drivers, including a ban on text messaging.
Confusion reigned in fall 2007 as an email and forum post circulated that said HB 1827 had been enacted. Apparently the poster was confused by language in the bill, which remains in the transportation committee.
Shifting sentiment: “Efforts to outlaw hand-held cell phones in Pennsylvania have failed for years, but it appears the tide is turning, now that Democrats control the House,” Paul Carpenter of the Morning Call wrote.
The former opponent of cell phone limits on drivers now says: “I could not help but notice the increasingly atrocious driving associated with cell phones. … If a driver is smoking and holding a cell phone at the same time, I’d rather have Stevie Wonder at the wheel.”
City and country ordinances:
The Erie City Council unanimously approved a local law that bans texting and the use of handheld cell phones by drivers and bicycle riders. The Dec. 3, 2009, vote called for secondary enforcement, meaning police will need another reason to pull over drivers who are cell-phoning. Fines would be $150 to $300 ($75 if paid in 10 days).
Millcreek Township voted Dec 1, 2009, to endorse statewide action on handheld cell phones and text messaging devices, at the request of state legislators.
Philadephia’s new prohibitions on handheld cell phones extend to bicyclists, motorcyclists, skaters and skateboarders. Fines for operating a vehicle while using handheld phones or text messaging begin at $150 ($75 if paid in 10 days) and top out at $300. Mayor Mike Nutter signed off on the law on April 30, despite threats from state legislators. The law went into effect Nov. 1.
City Councilman Bill Green, the Philadelphia ban’s author, says that “lobbyists for the cell-phone industry are pushing Pennsylvania’s General Assembly to undo these protections.”
Lower Chichester has banned texting while driving. The community already restricts the use of handheld cell phones by motorists. “Text messaging now supersedes drugs and alcohol for causing the most accidents in the United States,” said township Commissioners President Rocco Gaspari Jr. “Something needs to be done and I won’t wait for someone in Harrisburg to get off their butt to tell everyone across the commonwealth that text messaging is dangerous.” Prohibitions include gaming and Internet surfing. Fines will be $75 plus court costs. The vote came on Aug. 17, 2009.
Hazelton is considering a ban on using handheld cell phones while driving. Includes text messaging. The fine would be $75. The legislation was tabled on April 7, 2009, and may be amended to a ban on texting only.
The Bethlehem City Council also is pondering a ban on cell phone use by drivers unless a hands-free device is employed. Fines would be $150 to $300.
Carbondale outlawed handheld cell phone use and texting by drivers in 2007.
2008 legislative session:
HB 1827: Would have prohibited drivers from using cell phones unless a hands-free device is engaged.
HB 2674: Would have prohibited drivers with permits and “junior” licenses from using “an interactive wireless communications device,” including cell phones and text-messaging devices. The bill unanimously passed the House Transportation Committee on Sept. 16, 2008.
SB 1097: Would have prohibited drivers from using cell phones unless a hands-free device is engaged. Also applies to text messaging devices. (SB 471 identical)
SB 1098: Would have prohibited use of cell phones and other communication devices by drivers under the age of 18.
SB 677: Would have prohibited school bus drivers from using cell phones while transporting children. Includes stops for children to board or exit the bus.
For 2007, state police reported 1,245 crashes related to cell phone use by motorists.
Utah: Cell phone laws, legislation
December 17, 2008
Cell phone/texting news: No cell phone-related bills have been filed for Utah’s 2010 legislative session, which runs through March. A text-messaging law went into effect in 2009. Various other plans to ban driving while using a handheld cell phone
Current prohibitions
Text messaging outlawed for all drivers.
Utah has a law on the books against “careless driving” — which can be defined as committing a moving violation while distracted by use of a hand-held cellphone or similar activities. Using a cell phone can bring additional penalties as a secondary violation.
2010 legislation
None.
2009 legislation
Utah House Bill 290: Prohibits text messaging while driving. Approved in the House and Senate and sent to Gov. Jon Huntsman Jr., who signed it into law on March 25. Enforcement began July 1, 2009.
Utah Senate Bill 149 (sub): Would outlaw text messaging while operating a motor vehicle. Approved by the full Senate as a substitute bill and sent to the House Transportation Committee on Feb. 26, 2009. Filed as a defeated bill March 13.
HB 95, from Rep. Phil Riesen, D-Holladay, would prohibit use of wireless devices while operating a motor vehicle. The bill includes text messaging and cell phones, and does not allow for use of hands-free devices. Bill dead for year.
HB 248: Would ban use of “wireless communication devices” while driving on Utah’s roads. Provides for use with hands-free devices. Includes text messaging and cites PDAs. “Bill substituted” on Feb. 20, creating exceptions for law enforcement, etc. Bill “held” (tabled) by House Law Enforcement and Criminal Justice Committee on Feb. 24 and filed as a defeated bill.
HB 281: Targets text messaging while driving. Would ban use of wireless communications devices while driving through reduced speed zones and parking lots, unless a hands-free device is utilized. Would prohibit drivers under 18 from using wireless devices while behind the wheel. Filed as a defeated bill March 13.
Utah cell phone legislation notes
Rep. Stephen Clark, R-Provo, sponsored the House plan to ban text messaging while driving. The vote in the Senate was 26-1. In the House it was 45-29.
Rep. Phil Riesen blamed the 2009 failure of his driving cell phone ban on retaliation for an unrelated ethics allegation he made against another lawmaker. He plans to try again in 2010.
Sen. Lyle Hillyard, R-Logan, saw his version of the texting ban SB 149 advance to the full Senate on Feb. 6, 2009, and then to the House after the Senate’s approval on Feb. 25. Penalties increase to possible jail time after two prior offenses. Texting and causing an accident would be considered a third-degree felony. Sen. Margaret Dayton, R-Orem, was the only senator to vote against Hillyard’s bill.
Hillyard told the Herald Journal that he didn’t include cell phones in his Utah texting bill because it would decrease the chances of passage: “(If) my bill is the only bill left because of the controversy about cell phones, I think my bill has a very good chance of passing.”
Rep. Carl Wimmer, R-Herriman, helped kill the hands-free bill HB 248, citing the careless driving offense on the books (above) and saying, “The bill would make no change in our law.”
Rep. Carol Spackman Moss, D-Holladay, defended her defeated HB 248: “You can make a big improvement in safety if people have both hands on the wheel.”
Earlier, Moss said, “It would at least be a first important step to get people to put both hands on the wheel again and not have a hand up to their ear.” She has been an advocate of such a law for several years.
Jeff Nigbur, spokesman for the state Department of Public Safety, said his group is watching all five Utah cell phone/texting bills, and “will focus on the one that gets close to passing.”
Rep. Phil Riesen’s cell phone driving bill HB 95 was endorsed by the Salt Lake Tribune on Jan. 28, 2009.
Rep. Paul Ray, R-Clinton, is preparing legislation for the 2009 session that would ban text messaging by drivers and outlaw cell phone use in certain school zones. “If we can restrict drinking and driving, we should certainly restrict anything else that causes potential harm and (texting while driving) is very high risk,” Ray told ABC4.com.
From the Salt Lake Tribune (Jan. 23):
Lawmakers in the past have resisted phone restrictions for cars, often citing a distaste for limiting personal liberties. It will be no different for some of them this year, and members of the Utah Transportation Commission who heard about the latest proposal at their meeting last month chuckled at its prospects. “Good luck with that,” Commissioner Glen Brown said after hearing the report.
The Utah lawmakers might want to check with their constituents. A Tribune poll of Utahns conducted in early January 2009 shows that 80% support limits on cell phone use by motorists. 15% were opposed to cell phone driving laws and 5% were undecided. (500 voters, margin of error 4.5%)
Utah assesses points against a drivers license for a cell-related conviction.
Indiana: Cell phone laws, legislation
December 13, 2008
Cell phone, texting update: Several bills that would outlaw texting while driving on Indiana roads have been introduced for 2010, including HB 1279, which has cleared committee. A ban on teenage drivers’ use of cell phones and texting devices went into effect in 2009.
Current prohibitions:
Drivers under the age of 18 may not use cell phones, text messaging devices or other wireless telecommunications devices
2010 legislation
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. Offenses would be Class C infractions, similar to traffic tickets. (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
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, R-Markle, 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.”
2009 legislation:
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.
Oregon: Cell phone laws, legislation
December 11, 2008
Cell phone, texting news: Drivers in Oregon are not be allowed to text message and cell phone use will be limited to adult motorists using hands-free attachments. The law went into effect Jan. 1, 2009.
Current prohibitions:
Oregon has outlawed use of handheld cell phones in Oregon for all drivers. Cell phones with hands-free attachments are allowable only for those over 18 years of age. Text messaging banned for all drivers.
Drivers under the age of 18 with learner’s permits or intermediate licenses are prohibited from using cell phones or text messaging while driving. The ban applies to all cell phone use, regardless of whether a hands-free device is employed.
2009 legislation:
HB 2377: Would ban use of handheld cell phones in Oregon for all drivers. Hands-free devices OK only for those over 18 years of age. Text messaging banned for all drivers. Approved by the House on April 28, 2009, and by the Senate on June 23. Final came approval July 7-8. Oregon Gov. Ted Kulongoski signed the legislation in law on July 28. The restrictions took effect Jan. 1, 2010. The law calls for primary enforcement, meaning law officers may pull over motorists solely for texting and cell phone violations. Tickets will be $142.
HB 2038: Would prohibit use of cell phones unless a hands-free accessory is utilized. Violations could lead to suspension of driver’s license. (Same as HB 2377, but with a driver’s license suspension provision.) The House advanced HB 3037 instead.
Legislation notes:
Oregon state police are concerned that the new cell phone/texting law contains a loophole. Language inserted in the original bill allows for drivers’ cell phone use “in the scope of the person’s employment if operation of the motor vehicle is necessary for the person’s job.” The intent was to allow for business use by taxi, bus and delivery drivers.
Sponsor Rep. Carolyn Tomei, D-Milwaukie, is the sponsor of the successful cell phone/texting measure HB 2377 (and 2038). The new cell phone and texting law calls for primary enforcement and fines of $90. CB radios are exempted, pleasing truckers.
Just before the 2009 session began, Sen. Alan Bates, D-Ashland, told a town hall meeting that he’s not going to “cram (a ban on cell phone use while driving) down people’s throats.” Rep. Sal Esquivel, R-Medford, said that driving while using a cell phone or text messaging “is the equivalent of drunk driving.”
Oregon has a “vague” law against careless driving.
Oregon State Police report that no tickets have been written for violations of the teen cell phone law that went into effect in January 2008. The Associated Press reported: “The chances that a teenager will be cited for talking on a cell phone while driving are pretty much zero in Oregon.” Police in Portland say they’ve issued two tickets.
The law concerning cell-phone and text-messaging limits on young drivers was approved during the 2007 session. The Associated Press reported in early 2009 that “the chances that a teenager will be cited … are pretty much zero in Oregon.” In Portland, apparently no citations had been written at all. The cell phone law lists violations as “secondary,” meaning police have to pull over young drivers for another offense before citing them.
Delaware: Cell phone laws, legislation
December 11, 2008
Current prohibitions:
Drivers with learner’s permits prohibited from using cell phones.
School bus operators prohibited from using cell phones while driving.
2010 legislation:
HB 298: Would prohibit the use of handheld cell phones by a driver while the vehicle is in motion. Fines $50/$100. In the Public Safety Committee. (Miro)
Rep. Darryl M. Scott, Dover, plans to introduce a substitute for his HB 229 (of 2009) that would reduce its proposed ban on all cell phone use by drivers to allow for hands-free operation. “I basically found I did not have support for a complete ban on cell phones,” he said on Feb. 8, 2010. An ally amended HB 229 to make it a “handheld cell phone” ban.
2009 legislation:
HB 40 Substitute (HS1): Would ban text messaging while driving. Primary enforcement. $50 fine. Tabled by sponsor on May 12, 2009, due to House opposition and problems with wording. Reintroduced as a text-messaging bill, HS1 for HB 40. That bill (without handheld cell phone provisions) was approved by the Delaware House on May 14 and sent to the Senate. Out of Public Safety Committee “on its merits” on June 18. (Miro)
HB 229: Would have prohibited all cell phone use by drivers. Amended to allow for hands-free operation of a cell phone by drivers in January 2010. (Scott)
Legislation notes:
The new bill, HS1 for HB 40, calls for a maximum $50 fine and violations will be treated as a primary offense, meaning police can pull over drivers they believe to be text messaging. It also seeks to overrule all local and regional legislation.
The original HB 40 was presented by Rep. Joseph E. Miro, R-Pike Creek Valley. “I am very disappointed we are not passing the entire bill,” Miro told the News Journal. “I will come back with the other half that is missing from this legislation sometime in the future, but for now, this is the best we can do.”
As a cell phone and texting bill, HB 40 had been a magnet for amendments concerning exceptions such as use of ham-radio communications and work-related walkie-talkies.
While still a handheld cell phone ban, HB 40 required only that drivers have a hands-free device in order to drive and use a cell phone. It did not require drivers to use the attachment. It also allowed for the reading of text messages, another problem fixed by amendments.
Wilmington, the largest city in Delaware, has approved a ban on the use of handheld cell phones and text messaging devices while driving. These activities would be considered primary offenses, meaning police could pull over drivers for that reason alone. Fines under the plan, presented by Michael Brown Sr., would run $50. “Whatever Dover does or doesn’t do, we need to take steps here to try to save lives when we can,” Brown said. The ban takes effect Jan. 1, 2009.
Rep. Miro combined two bills that failed in the 2008 session to forge the 2009 legislation HB 40. “I brought this back because it is very close to my heart and I really think we need to address the issue,” Miro said.
Miro’s efforts to limit cell phone use by drivers date back to 2001.
When a Miro bill (HB78) seeking to require hands-free devices for drivers was defeated in May 2007, it brought the following reaction:
“Why do we need this legislation?” said Rep. Dennis P. Williams, D-Wilmington, a retired lawman.
“What about a cup of coffee (being a distraction)? What about a CD player or a radio?”
Delaware State Police report that cell phones were a factor in 252 traffic accidents in 2008.
North Dakota: Cell phone laws, legislation
December 11, 2008
Latest cell/texting news: North Dakota’s house rejected a text-messaging while driving bill on Jan. 29. The vote was 60-34.
Current prohibitions:
No limits on cell phone use.
Pending legislation:
HB 1208 — Rep. Lawrence Klemin, R-Bismarck, saw his legislation to ban text messaging for drivers defeated in the House on a 60-34 vote. The law would have included a fine of up to $100 fine and a 2-point license penalty for first offenders. Subsequent violations would have brought a 4-point penalty. The bill was modeled after Minnesota’s text-messaging law.
Legislation notes:
Insurance Commissioner Adam Hamm and Rep. Ed Gruchalla, D-Fargo, are preparing legislation that would outlaw cell phone use and text messaging by drivers who are 14 or 15 years old. North Dakota allows 14-year-olds to drive with provisional licenses.
An Associated Press poll of North Dakota legislators found a majority favored cell phone restrictions on young drivers.
“(Text messaging) seems to be the worst distraction a driver can engage in while using a cell phone,” Rep. Klemin said.
Klemin’s bill that would have banned cell phone use by minors was defeated during the 2007 session. He had lobbied to have the cell phone ban extended to all drivers unless they were using hands-free mobile phone devices.
New York: Cell phone laws, texting
December 9, 2008
Cell phone and texting news: New York’s governor has filed legislation for 2010 that would strengthen the state’s recent ban on text messaging while driving. Some county legislators have pushed for tougher local laws, since the state law calls for “secondary” enforcement. (View New York regional texting and driving legislation.)
Current prohibitions:
Drivers must use hands-free devices while talking on cell phones.
Text messaging and related uses of handheld electronic devices banned in New York (secondary enforcement).
2010 text messaging legislation:
“Bill 222“: Would upgrade the enforcement status of New York’s 2008 text messaging and driving law to primary enforcement, meaning law officers can stop and cite text-messaging drivers for that reason alone. Filed on Feb. 24 by New York Gov. David Paterson (read the texting ban news story).
2009 legislation:
A8568: Would ban use of portable electronic devices for all drivers. Covers text messaging, sending email, Internet browsing, game playing, etc. Fines would be up to $150 and violations would be secondary offenses, meaning police would need another reason for pulling over a driver. (The governor filed legislation in February 2010 to upgrade to primary enforcement.) Part of a larger driver safety bill sponsored by Assembly Transportation Committee chairman David Gantt. Approved by the Assembly and Senate in mid-summer and signed by Gov. David Paterson on Aug. 27. The ban took effect Nov. 1. The bill originated with Paterson’s motor vehicle department.
A6074: Would prohibit the writing, reading or sending of text on a cell phone while driving. Also seeks to create a cell phone safety component to pre-licensing drivers education. (Same as S536)
A2453: Would ban texting on a mobile phone while driving. Same as S587.
A6481: Seeks to ban text messaging while driving.
S1877: Would prohibit use of all cell phones and text messaging devices for drivers with learner’s and restricted licenses. Also cites “digital imaging and entertainment.”
S1547: Would require police accident reports to indicate whether cell phones contributed to crashes in New York. OK’d by the Senate. (Similar to the inactive A4184.)
A2031: Would ban drivers from using cell phones to send text messages. (Same as S741)
A00786: Proposes sanctions against “inattentive driving.”
Cell phone, texting legislation notes:
Assemblyman Felix Ortiz, D-Brooklyn, saw his text-messaging legislation incorporated into a larger driving-safety bill backed by Assembly Transportation Committee chairman David Gantt (A8568). “This was common-sense legislation that was overdue … and finally we have a bill that will keep our highways and roadways safe,” Ortiz said. The fine for text messaging and driving in New York state is $150.
Any state text-messaging ban would overrule city and country bans, which have spread throughout the state due to inaction in Albany.
Transportation Committee chairman Gantt has been under fire for stalling driver-safety legislation. A father whose teen daughter died in a drag-racing crash says, “We need to let people know who is standing in the way, like Gantt.” The New York Times called for his replacement over opposition to red-light cameras.
The Senate has approved S1547A, requiring police to report on the role of cell phones in crashes. The legislation passed on a vote of 47 to 12 on March 25, 2009. It has been returned to the House and assigned to the transportation committee.
New York was a leader in cell-phone restrictions on drivers, passing its widely copied hands-free law in 2001.
Text-messaging legislation, gained momentum after an upstate crash killed five teens. The driver’s cell phone was used to send and receive text messages just before the deadly accident.
“Text messaging is the ultimate distraction,” Senate sponsor Carl Marcellino, D-Long Island, told the Daily News. (Washington’s text-messaging ban took effect in July, 2008.)
2008 New York legislation:
S3195 and A7299: Would have added text messaging to current ban on drivers’ use of hand-held cell phones. Would create a “cell phone safety” component to driver education courses. The Senate approved the measure May 27, 2008. The legislation was last reported in the state Assembly transportation committee.
S8332: Would have prohibited teens under 18 from the use of any hand-held electronic device while driving. GPS navigation systems are included in the ban. Sponsored by Sen. Martin Golden, R-Brooklyn. Died in the Assembly Transportation Committee.
A05322: Would have prohibited drivers with learner’s permits or restricted licenses from using cell phones, with or without a hands-free device. Extends to all drivers under the age of 20 and all drivers in the first two years of holding driver licenses.
A05772: Drivers who cause injuries or deaths while distracted by a cell phone would have been treated the same as drunken drivers. Two points against drivers convicted of being in violation of cell phone laws.
Michigan: Cellular phone laws, bills
December 4, 2008
Legislative update: The Michigan House and Senate have both approved bills outlawing text messaging while driving. These bills are tagged for secondary enforcement, meaning law officers would need another reason to pull over the violator. Some legislators are pushing for stricter primary enforcement.
Current prohibitions:
In Detroit, drivers making cell phone calls must use hands-free devices. There are no statewide prohibitions.
Pending legislation:
SB 402: Would prohibit all drivers from text messaging. Use of cell phones legal if a hands-free device is employed. Secondary enforcement, meaning a law officer cannot stop or cite a driver for this reason alone. Approved by the Senate Transportation Committee on Dec. 8, 2009, and then by the full Senate on Jan. 26, 2010. (Read the Senate version.) Sent to the House (Thomas)
SB 468: Would prohibit all drivers from text messaging. Use of cell phones legal if a hands-free device is employed. Secondary enforcement. Fines $200 for first offense then $500. Approved by the Senate Transportation Committee on Dec. 8, 2009, and by the full Senate on Jan. 26, 2010. Tied with SB 402 (above). (Kahn)
HB 4394: Would outlaw text messaging by all motorists. The texting bill was approved by the House on Dec. 8, 2009, and transmitted to the Senate (Transportation Committee, Dec. 9). The texting bill previously was approved by the House Transportation Committee on Oct. 22. (Gonzales)
HB 4370: Companion bill to HB 4394 (above). Specifies that no points would be added to a driver license for a violation of the text messaging prohibition. (Polidori)
HB 4369: Would outlaw talking on a handheld cell phone while driving. Also would prohibit text messaging and instant messaging on cell phones. Fine of $100. (See SB 417). Inactive in committee.
SB 417: Seeks to ban use of a handheld cell phone while driving on Michigan’s roads. Includes text messaging and instant messaging on cell phones. Maximum fine would be $100. Inactive.
SB 467: Would prohibit school bus drivers from using cell phones while the vehicle is in motion or students are loading. No activity on this bill.
Legislation notes:
Senate Floor Leader Samuel “Buzz” Thomas saw his SB 402 clear the full Senate on Jan. 26, 2010. The vote was 31-6. This is his second legislative attempt to end text messaging while driving.
(text continued)
“It seems like every month we read about another fatality — or near fatality — because someone was texting while driving,” said Thomas, D-Detroit. “This is ridiculous and it really needs to end.”
An amendment seeking to upgrade SB 402 enforcement to primary failed.
HB 4369 calls for fines of $100 for cell phoning behind the wheel to $500 for texting. SB 467 and 468 come with $100 fines.
All cell phone and texting legislation proposed for the 2009-2010 session calls for secondary enforcement, meaning drivers would have to be stopped for some other reason before a citation can be issued.
Ann Arbor’s proposed ban on handheld cell phone use and text messaging while driving passed its first reading on Feb. 17, 2010. It also prohibits looking at electronic maps and GPS devices. The fine would be $125/$300 i fan accident results. Councilman Stephen Rapundalo, D-2nd Ward, is the sponsor. The mayor told the council not to wait on state legislation — “look at what happened with smoking.”
Supporters of the House text messaging bills include the State Police, AAA Michigan, Ford Motor Company and Verizon Wireless.
A school bus drivers association opposes SB 467, saying that the transit cell phone law as written could rule out use of future technologies that help drivers do their jobs. “We’re concerned about a blanket prohibition on data transfer,” said Paul Wegmeyer, chairman of the legislative committee for the Michigan Association for Pupil Transportation.
The Saginaw News editorialized in favor of State Rep. Gino Polidori’s cell phone and texting bill HB 4369:
Even if the Democrat-controlled House OKs it, the Republican-controlled Senate hasn’t given a similar bill so much as a committee hearing. That will change when the accident numbers pile up, when the deaths accumulate, when it starts to get personal. It’s just too bad we may have to waste so much time — and lives — until then.
Previous legislation:
HB 5117: The House voted to prohibit text messaging by drivers in a 68-32 vote on Dec. 4. The law would have prohibited drivers from reading, writing or sending text messages using wireless devices, including cellular phones. It did not advance in the Senate during the special session.
HB 5117 was introduced by Rep. Steve Bieda, D-Warren.
Also on Dec. 4, the House shot down HB 4982, which would require drivers making cell phone calls to use hands-free devices. Rep. Gino Polidori, D-Dearborn, said he would revive his legislation for the next legislative session. “The state has seat-belt laws to protect drivers, and we prohibit drunken driving to eliminate threats to other drivers and innocent bystanders. A cell phone restriction would serve both purposes,” Polidori has said.
Missouri: Cell phone laws, legislation
December 2, 2008
Legislative update: Several bills have been filed for the 2010 session that would extend Missouri’s ban on texting by drivers under 21 to include all drivers. None of the bills seeks to prohibit the use of handheld cell phones
Current prohibitions:
Drivers under the age of 21 are prohibited from text messaging.
2010 legislation:
Missouri House Bill 1202: Would prohibit text messaging by all drivers, regardless of age, on any paved road. (Kuessner)
HB 1205: Would outlaw text messaging by all drivers. (Schad)
HB 1276: Would bar all Missouri drivers from texting. (Wells)
HB 1315: Would outlaw text messaging by all Missouri drivers, regardless of age (Shivley)
SB 701: Would ban texting by all Missouri drivers. Moving violation with points. (McKenna)
Cell phone, texting notes:
The first piece of legislation prefiled for the 2010 legislative session seeks to ban text messaging for all drivers. The 2010 session began Jan. 6.
Sen. Ryan McKenna, D-Crystal City, who saw his 2009 legislation result in the texting ban for young drivers, is back with SB 701, which would bar all Missouri drivers from text messaging while driving. Texting while behind the wheel is “a bad idea regardless of age,” he says. Several other bills seek the same sanctions.
Rep. Don Wells, R-Cabool, is sponsoring a bill (HB 1276) that would outlaw texting by all drivers, not just those under 21: “That’s like saying, ‘You can kill yourself if you’re over 21,’ ” he told the Associated Press. Wells owns a defensive driving school.
The superintendent of the Missouri Highway Patrol said Jan. 19 that only 13 tickets had been written as a result of the Missouri ban on texting by teenage drivers. Most came during accident investigations.
Missouri’s Department of Transportation has banned text messaging by its employees. The department is supporting efforts to outlaw texting for all Missouri drivers.
2009 legislation:
HB 62: Wide-ranging crime bill that includes a ban on text messaging while driving for drivers under the age of 21. Approved by the House and Senate and signed by the governor as part of an omnibus crime bill. Enforcement began Aug. 28.
SB 130: Would ban the sending of text messages while operating motor vehicles. The legislation against texting while driving was approved by the full Missouri Senate on March 11, 2009, after it was added to a larger transportation bill.
HB 26: Would prohibit use of handheld cell phones by motorists. Permits hands-free.
HB 92: Would prohibit drivers from using cell phones unless a hands-free attachment was employed.
HB 134: Would outlaw drivers’ use of cell phones unless a hands-free device was employed. Bans text messaging of all types.
SB 129: Would prevent school bus drivers from text messaging and using handheld phones.
2009 legislation notes:
Sen. Ryan McKenna, D-Crystal City, was the sponsor of both Senate bills.
Sen. McKenna saw his SB 130, which would ban text messages by motorists, approved by the Senate on March 11 after it was folded into a comprehensive transportation bill. It cleared the Senate Transportation Committee on Feb. 18.
Sen. Tom Dempsey, R-St. Peters, has been frustrated in past years with his cell phone safety legislation. He cites a “civil libertarian component” at work in the state, as found in resistance to laws requiring motorcycle helmets and seat belts, according to the Columbia Daily Tribune.
Cell phone bill sponsor Rep. Joe Smith is a Republican from St. Charles County. He sponsored a similar bill in 2008. Smith said many people can dial without looking, but that “basically we need a better system with dialing.”
Rep. Talibdin El-Amin, D-St. Louis, sponsor of HB 92, says of his constituents: “They know they talk on the phone and they know of a time they have been distracted. And then you hear the stories of people who have been killed because of it, and one is too many.”
The vice-chairman of the transportation committee indicated that it might not get around to the issues of electronic communications by drivers. “There is only so much time to get bills through,” said state Rep. Sally Faith, R-St. Charles.
Springfield reports that of the 146 crash reports in 2008, 44 percent of the crashes were due to cell phone use.
A Town and Country, Mo., alderman failed to find support for a city ordinance against driving and cell phoning. City lawmakers refused to take up the plan in August 2008, saying the issue needs to be addressed at the state level.
Alderman John Hoffmann told the St. Louis Post-Dispatch: “With a number of cell phone companies giving campaign contributions through straw parties and directly this isn’t about to hit the Missouri Legislature anytime soon for a vote.”
The local police commission urged the aldermen to instead push the state and county for a ban on cell phone use by drivers.