Drivers: We’re texting, talking less

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

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

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

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

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

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

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

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

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

Other finding in the distracted driving survey:

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

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

Idaho: Cell phone laws, legislation

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Utah: Cell phone & texting laws, legislation

Cell phone/texting news: Utah’s House has rejected a Senate plan that sought to prohibit use of cell phones by drivers under the age of 18. It was a rerun of 2010 and 2011, when bills that would have outlawed use of all cell phones by drivers under age 18 also were approved by the state Senate, but died in the House.

Utah’s text-messaging law went into effect in 2009, but various attempts to ban driving while using a handheld cell phone have been ignored or defeated. A 2012 bill that seeks to update the text law’s prohibitions to include activities such as using apps is advancing in the Senate.

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.

Read the Utah text messaging law | auto homicide provisions

Distracted driving legislation (2012):
Senate Bill 98: Would broaden the definition of text messaging in the current Utah text messaging law. Includes composing a text, entering data and accessing apps. Allows use of handheld device for GPS. In cases of automobile homicide, broadens definitions to negligence in use of handheld electronic devices, not just texting. Latest legislative action: Approved by the Senate Transportation and Public Utilities and Technology Committee in a 3-0 vote taken Feb. 22. (Hillyard)

Senate Bill 128: Would prohibit use of cell phones by drivers under the age of 18. Exception made for communicating with parents. Fine: $50, no points. Approved by the Senate Transportation Committee in a 3-2 vote on Jan. 27. Approved by the Senate on a second reading Feb. 6 (19-9-1 vote). Final approval by the Senate on Feb. 7 (19-9 vote). Rejected by the House on March 8. (Romero)

Distracted driving notes (2012):
Sen. Ross Romero, D-Salt Lake City, saw his teen cell phone measure SB 128 clear its second and final vote in the Senate with continued support from Republicans. Both Senate votes registered 19 senators in favor and 9 opposed. The bill failed to gain traction in the House, however, and is dead for the year.

Romero said SB 128 was inspired by a group of teens who lobbied for a previous attempt to ban handheld cell phone use by Utah drivers. His bill, which applies only to drivers under the age of 18, would have no effect on the violator’s DMV record. “I’ve heard from several parents who really like the idea — that it would be against the law and yet the penalties would be relatively small,” Romero told the Deseret News in late January.

Sen. Stuart Adams, R-Layton, was one of two members of the Transportation Committee to vote against Sen. Romero’s SB 128. He cited the familiar list of other distracted behaviors, such as “eating lunch” and grooming. “I’m not sure we can regulate inappropriate behavior,” Adams said. “I just don’t know how microscopic we should be.” The bill advanced to the full Senate, regardless.

Sen. Lyle Hillyard, R-Logan, says his SB 98 closes a loophole in the current law that allows drivers to compose email. His plan would make it clear that “texting is a violation of the law even if you don’t send the message.”

84 percent of Utah adults support the prohibition of cell phone use for drivers under 18, preliminary numbers from a Utah Department of Health survey indicate. A cell phone ban for all drivers registered the support of 70 percent, the Deseret News reported in late January.

2011 legislation (dead):
HB 95 second substitute: Amends careless driving law to include new violation of operation of a vehicle while impaired by fatigue or illness. First HB 95 substitute created by House Rules Committee cleaned up language in the original HB 95. Sent to the House Law Enforcement and Criminal Justice Committee on Feb. 17, which rejected the bill as it was and days later created the second substitute (that removed a section related to seat belts). Bill (second sub) approved by the House on March 1 and transmitted to the Senate, where it was defeated in a 9-19 vote on March 10. (Perry)

SB 45: Would prohibit use of cell phones by drivers under the age of 18. Fine: $50, no points. Primary enforcement. Approved by the Senate Transportation Committee on Feb. 7. Approved by the full Senate in a 21-4 vote on Feb. 17 and introduced in the House. Reported as “not considered” by the House transportation committee on Feb. 28. Second House reading March 4. Latest action: Defeated in a 32-38 vote in the full House on March 8. (Romero)

2011 distracted driving notes:
Utah’s traffic fatality rate is on track to hit a 37-year low in 2011, based on numbers from January-June. The Utah Department of Transportation said July 21 that there were 91 deaths in the first half, compared with 96 in 2010. Five of the deaths were linked to distracted driving. UDOT Traffic and Safety Director Robert Hull urged motorists “to remember to buckle up and avoid the behaviors that most commonly cause crashes—distracted driving, impaired driving, aggressive driving and speeding.”

Rep. Carl Wimmer, R-Herriman, reportedly said during debate on SB 45 that, as a law officer, he had to tell parents of their teens’ deaths in traffic. “There’s something in my opinion that is more horrific, and that is the constant attack on liberty and freedom that we see in this Legislature.” The bill was defeated.

The state Department of Transportation says distracted driving is causing an increasing amount of accidents in Utah, especially the use of cell phones and handheld music players. In 2010, 18 deaths were blamed on distracted drivers. Overall, 235 motor vehicle fatalities were logged, the fewest since 1974.

Sen. Ross Romero, D-Salt Lake, put some teeth into his failed distracted driving legislation of 2010, which sought to ban use of cell phones by teen drivers, but called for only secondary enforcement. This year, his SB 45 is tagged for primary enforcement, meaning police can stop and cite offenders for that reason alone.

A high school senior testified Feb. 7 in favor of SB 45: “When I see teenagers in a car driving around (using cell phones), it makes me really scared for my life,” she said. (TV news video below)

Distracted driving legislation champion Rep. Phil Riesen did not run for re-election after his term ended in 2010. The Democrat saw his cell phone legislation fail in both 2009 (all drivers) and 2010.

2010 legislation
HB 237: Would have prohibited teens under 18 years old from using a cell phone while driving on Utah roads and highways. Penalties included points against the driver’s license. Defeated. (Riesen)

SB 113 (and substitute): Would make the ban against teen drivers using cell phones a secondary offense with no points against license. (Romero) Also a substitute version from the House agreeing to these provisions (Riesen). This was the compromise version of the teen cell phone bill. Both defeated.

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, 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 (through 2009)
Rep. Stephen Clark, R-Provo, sponsored the 2009 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.

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

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

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

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

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

Current prohibitions:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Previous Indiana legislation notes:

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

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

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

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

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

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

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

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

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

Oregon: Cell phone laws, legislation

Cell phone, texting news: Forget that big loophole in Oregon’s law prohibiting handheld cell phone use by drivers. As of Jan. 1, Oregon no longer allows drivers to use handheld cell phones if the call is related to their jobs.

Police complained that judges were throwing out distracted driving tickets when drivers testified they were making work calls. The Register-Guard called this exemption “a driver’s version of Monopoly’s get-out-jail-free card.”

Current prohibitions:

• Oregon has outlawed use of handheld cell phones by all drivers. Cell phones with hands-free attachments are allowable only for those over 18 years of age. Text messaging banned for all drivers. Fine: $142 plus costs.
• 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.

Distracted driving notes (2012):
State Rep. Andy Olsen, R-Albany, reportedly is working on a plan to reward Oregon drivers who don’t get cell phone citations. For each year without a distracted driving ticket, motorists would be able to remove an existing moving violation from their records. Deschutes County Sheriff Larry Blanton is helping Olsen craft the legislation, KBND Radio reported.

2011 legislation:
House Bill 3186: Removes a series of exceptions to the state’s current cell phone and texting law. Removes language that allowed drivers conducting business to use a cell phone. Clarifies that all text messaging while driving is prohibited. Amended and then approved by the Judiciary Committee on April 28. Approved by the full House in a 39-17 vote on May 4. Approved by the Senate in a 17-12 vote June 13 and returned to the House for approval of an amendment that specifies remaining exemptions for essential public works providers. Approved by the House in a 39-20 vote on June 16. Latest action: Signed by the governor on June 28. Takes effect Jan. 1, 2012. (Berger)

HB 2602: Would prohibit bicycle riders from using “listening devices” such as cell phones and MP3 players. Unsafe operation of a bicycle would be a class D violation. Fine up to $90. In the Judiciary Committee with no activity since January. (Schaufler)

2011 distracted driving notes:
Portland plans rolling crackdowns for vehicle safety violations this summer, with cell phone and text messaging violations a priority. “It’s not about catching people by surprise,” a spokesman for the Portland Bureau of Transportation said of the summer sweep. “It’s not about writing tickets. This is about educating the public that driving distracted is unsafe and against the law.” Mayor Sam Adams announced the crackdown, saying, “Using a cell phone behind the wheel turns your car into a loaded weapon.”

Rep. Vicki Berger, R-Salem, succeeded in plugging some of the loopholes in Oregon’s 2009 law prohibiting drivers from texting and talking on handheld cell phones. Both the House and Senate signed off on the plan (HB 3186) to clamp down on people who dodged fines by saying they were making important business calls. The governor signed the measure in late June. “This is going to clarify what we all intended, which is not to have individuals saying they’re doing this for their business,” said Sen. Floyd Prozanski, D-Eugene, the Senate sponsor.

Berger was moved to action by a Feb. 2 accident in Salem in which a texting driver killed a pedestrian.

Rep. Kim Thatcher, R-Keizer, opposed Berger’s HB 3186. “I think we’d be chasing our tails to oblivion trying to outlaw stupid,” she said.

Rep. Michael Schaufler says he’s already tired of reading the bicycling community’s complaints about his House Bill 2602, which seeks to prohibit riders’ use of “listening devices”: “People on bicycles ask for a whole lot and then they say, ‘don’t regulate us!’ ”

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 (2009):
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.

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

Distracted driving update: About 9,000 tickets were issued in the year since Delaware’s electronic distracted driving laws took effect Jan. 2, 2011. Fines range from $50 to $200. “You talk, you text, you pay” is the state slogan for the new laws.

The House and Senate return March 13, 2012. No distracted driving legislation had been prefiled as of early February.

Current prohibitions:

• Text messaging prohibited for all drivers.
• Handheld cell phone use and use of Web prohibited for all drivers — hands-free devices OK. Includes PDAs, paging devices, games, laptops.
• Drivers with learner’s permits prohibited from using cell phones.
• School bus operators prohibited from using cell phones while driving.

Read the laws: Texting & mobile phones | School bus drivers

Distracted driving notes:
State police report that 9,000 tickets have been written statewide in the first year of the ban on using handheld cell phones and text messaging while driving. Rep. Joe Miro, R-Pike Creek, who sponsored HB 229 (below) says one reason for all those distracted driving citations is ignorance of the law. “I think we need to be a little more aggressive in reminding drivers that it is the law,” Miro said in July.

The state’s one-day crackdown on handheld cell phone violations yielded 330 tickets April 21. The sweep was conducted as part of Distracted Driving Awareness Month.

Miss Delaware Maria Cahill’s “platform” for the Miss America pageant is auto safety, with the focus on texting while driving. Cahill’s college roommate died in a texting-related crash.

2010 legislation:
House Substitute 1 for HB 229: Bans text messaging, handheld cell phone use and Internet activities. Includes PDAs, paging devices, games, laptops. Applies when vehicle is in motion. Primary enforcement. Fines $50 (first offense)/$100/$200. Cleared the House public safety committee on March 17. Approved by the full House on May 13 in a 33-5 vote. Approved by the Senate on June 15 by a 18-3 vote. Approved again by the House (and finalized) on June 22 in a 34-6 vote. Signed by Gov. Jack Markell on July 6. Latest action: Enforcement began Jan. 2, 2010. (Scott, Miro)

HB 298: Would prohibit the use of handheld cell phones by a driver while the vehicle is in motion. Fines $50/$100. (Miro)

2010 legislation notes:
Several amendments were added to House Substitute 1 for HB 229 before it was approved May 13 in the House. One allows drivers to use their hands to enter numbers for a phone call or to engage hands-free accessories. The other exempts farm tractors and trucks from the ban on handheld electronics.

Rep. Darryl M. Scott, Dover, introduced the substitute for his HB 229 (of 2009) that watered down 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 Feb. 8. 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.

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North Dakota: Cell phone laws, legislation

December 11, 2008

Latest cell/texting news: North Dakota’s first distracted driving laws went into effect Aug. 1, 2011, with text messaging prohibited for all drivers. Primary enforcement applies, meaning police can stop and cite motorists for that offense alone. A ticket will run you at least $100.

North Dakota became the 31st state to ban texting and driving when the governor signed HB 1195 in late April, 2011. The governor also enacted a teen safety law that bars teens under 18 from using electronic communications devices while driving (includes cell phones and hands-free devices).

The Legislative Assembly returns Jan. 8, 2013.

Current prohibitions:

• Text messaging prohibited for all drivers. $100 fine.
• Drivers under 18 prohibited from using electronic communications devices, including cell phones.

Read the North Dakota distracted driving laws (bottom of PDF page).

2011 distracted driving legislation:
HB 1195: Outlaws texting and other forms of electronic messaging for all drivers. Primary enforcement. Fine: $100. (The following penalties were removed by Senate on March 28, just before its final vote: “Two points against license (first offense), then four points. For third and subsequent violations, one-year suspension of driver’s license.”) Rejected by the House Transportation Committee on an 8-6 vote on Feb. 4. The panel deadlocked twice on the bill, but a supporter changed his vote to “no” so the measure could move out of committee and on to the House floor. Approved by the full House in a 50-41 vote on Feb. 8 and sent to the Senate. The Senate Transportation Committee decided not to support the bill on March 25. Critics said the penalties were too severe. Amended and approved by the Senate in a 32-15 vote taken March 28 (penalty limited to $100 fine). Approved a second time by the House in a 53-40 vote taken April 5. Latest action: Signed into law April 26 by North Dakota Gov. Jack Dalrymple. (Klemin)

HB 1256: Sweeping teen traffic safety legislation includes a ban on use of handheld electronic devices for drivers under 18, including cell phones. Approved by the House Transportation Committee on Feb. 16. Approved by the House in a 71-22 vote on Feb. 22. Approved by the Senate Transportation Committee on March 31. Approved by the Senate in a 33-14 vote on April 1. Latest action: Signed into law by North Dakota Gov. Jack Dalrymple on April 26.

HB 1190: Distracted driving measure that would prohibit activities that require driver’s sight unless they involve the “whole motor vehicle or a built-in accessory.” Secondary enforcement; no points. Fines: $30 to $50. Approved by the House Transportation Committee in an 8-6 vote on Feb. 4 and sent to the full House. Approved by the House in a 56-37 vote on March 9 and sent to the Senate. The Senate Transportation Committee decided not to support the bill on March 25. Approved by the Senate in a 41-6 vote taken March 28 (amended with minor rewording). Latest action: Rejected by the House on second reading of April 7 in a 40-48 vote. Dead. (Ruby)

2011 distracted driving notes:
Gov. Jack Dalrymple said at the April 26 signing ceremony for HB 1195 and HB 1256: “Texting while driving is clearly a dangerous distraction that can result in serious injury or death, and I’m glad to see we are joining a growing number of states that are taking this action to make our roads a safer place. I’m also pleased to see that our youngest and most inexperienced drivers will benefit from a process that will better prepare them for the road and help keep them and others safe. House Bill 1256 will help young drivers minimize their risks, while they maximize their experience behind the wheel.”

The Senate Transportation Committee’s decided March 25 to slap a “do not pass” tag on both distracted driving bills that originated in the House. One critic on the panel said HB 1190 would be “opening the door to all vague and nebulous activity” in enforcement. One senator proposed an amendment to make the penalties less harsh, but the committee ignored that recommendation.

The Transportation Committee heard testimony March 17 on the two distracted driving bills under consideration in the Senate. Rep. Lawrence Klemin’s HB 1195 drew the most support, the AP reported. Rep. Dan Ruby, R-Minot, spent much of his testimony attacking Klemin’s bill. Only one witness (a co-sponsor) spoke in favor of Ruby’s bill while an insurance executive, a high school student and Bismarck’s police chief testified for the Klemin bill. The committee took no action on either measure.

Rep. Bob Skarphol, R-Tioga, succeeded in bringing back HB 1190 for a House vote on Feb. 9, a day after it was defeated (and HB 1195 won approval). This sent both bills to the Senate for its consideration.

HB 1190 calls for secondary enforcement and covers several distracted driving behaviors; HB 1995 is a straightforward texting and driving ban that would give police the authority to stop and cite motorists for that offense alone. HB 1195 provides for points against a license and possible license suspensions. Sending both bills to the Senate punts the debate over enforcement and penalties to that legislative body.

HB 1195 sponsor Rep. Lawrence Klemin, R-Bismarck, asked House members before the Feb. 8 vote: “What kind of message do you want to send back home? Is it OK to drive while texting, or isn’t it? Send the right message. Let’s pass this bill.”

Rep. RaeAnn Kelsch, R-Mandan, opposed HB 1195 in committee by saying texting bans in several N.D. cities “haven’t stopped anyone from texting.” They’ve made teens “better at hiding texting, which in my mind makes it even more dangerous.” Another opponent said cities should just make their own laws.

The House Transportation Committee first examined the two distracted driving bills — HBs 1190 and 1195 — on Jan. 27. Rep. Klemin was asked about singling out texting drivers with his proposed ban: “We have a whole lot of issues having to do with distracted driving, and I think this focuses on one,” he responded. “We now have the functional equivalent of a large number of drunken drivers on the road.”

Committee chairman Rep. Dan Ruby, R-Minot, said he wanted to cast a wider net for distracted drivers by requiring motorists to keep their eyes on the road. His HB 1190 calls for only secondary enforcement, in which police need another reason to pull over violators.

Rep. Klemin’s HB 1195 reprises his unsuccessful HB 1208 from the 2009 session (below).

Outlawing texting while driving has picked up support in the 2011 Legislature, the AP reports. Of the 76 House reps who responded to a December 2010 survey, 50 backed a texting bill with 18 others opposed. 38 senators replied, with 28 in support of a texting ban and six opposed. (Others were undecided.)

Local distracted driving laws:
Bismarck has banned text messaging while driving. The law took effect immediately after the City Commission vote on Oct. 26, but enforcement wasn’t to take effect for several weeks. Primary enforcement (police can stop and cite motorists for this violation alone) and fines up to $50.

Bismarck Commissioner Parrell Grossman pushed to have his distracted driving law take effect before the state Legislature returns in January. “We need to act now to protect the people of Bismarck,” he said, noting that a state law probably wouldn’t take effect until mid-summer 2011. The Bismarck law covers texting, emailing and Internet use, but not phone calls.

Grand Forks’ ban against texting and driving went into effect Oct. 15. Tickets cost violators $15. The Grand Forks ban also includes email and Internet use. The City Council debated distracted driving through the summer, with the original plan calling for fines of $30.

2009 legislation (dead):
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.

Previous legislation notes (background):
Insurance Commissioner Adam Hamm and Rep. Ed Gruchalla, D-Fargo, have proposed 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.

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New York: Cell phone laws, texting

December 9, 2008

Cell phone and texting news: A second Operation Hang Up crackdown on drivers who use handheld cell phones and text message runs April 23-29. Gov. Andrew Cuomo promoted the sweep with news that 150 drivers were stopped and cited in the first 12 hours.

Cuomo also reported April 24 that more than 65,000 motorists have been busted for using handheld electronic devices so far in 2012.

On June 12, 2011, Cuomo signed get-tough legislation that upgraded enforcement of the texting while driving law to primary status. The governor also used administrative means to add another point against the licenses of distracted drivers.

The successful Assembly and Senate legislation removed the secondary enforcement status from the state’s text-message ban on drivers. The new law does not increase penalties for violators ($150), just increases the chances of their being pulled over and cited. It took effect immediately.

Cuomo’s third point applies to handheld cell phone violators, who are already targeted for primary enforcement (meaning police do not need another reason to stop and cite them).

Read the New York distracted driving law upgrade story of July 12, 2011.

New Yorkers who text and drive became subject to 2-point penalties earlier in 2011. The rule change, effective Feb. 16, 2011, brings handheld cell phone violations in line with penalties under the state’s 2009 text messaging law.

Current distracted driving laws ($150 fine and 2 points):

• Drivers must use hands-free devices while talking on cell phones.
• Text messaging and related uses of handheld electronic devices banned.
• Taxi cab drivers in New York City banned from using cell phones.

2012 distracted driving notes:
Gov. Andrew Cuomo promoted the second federally funded Operation Hang Up during an April 24 appearance with safety groups in Battery Park City. “We hear too many heartbreaking stories about how distracted driving leads to tragic consequences, and we must do everything in our power to ensure more lives are not unnecessarily lost because someone took their eyes off the road to use a phone.”

Ithaca police targeted distracted driving violations throughout February.

2011 legislation:
A8106: Seeks to apply “primary enforcement” to New York’s texting while driving law. Introduced June 1. Approved by the Senate and Assembly on the same day, June 14. Sent to the governor who signed it into law on July 12. Same as S5643 (below). (Weisenberg)

SB 998b: Would remove “secondary enforcement” restriction to New York’s texting while driving law. Clarifies specific actions prohibited while using handheld electronic devices while driving. Requires a cell phone safety component to prelicensing education and testing. Fine: $150 plus 2 points against license (as before). Approved by the Senate on May 3 and sent to the Assembly (Transportation Committee). Governor signed plan into law on July 12. See A8106 above. (Marcellino)

S05643: http: Same as A8106, above. Introduced June 8 and approved by the Senate and House on June 14. (Marcellino)

A06174a Same as S998, above. (Weisenberg)

A4514: Would prohibit use of video devices that show prerecorded programming (DVD players) unless the screen is located behind the driver’s seat. GPS and navigation screens exempted. (Wright)

2011 distracted driving notes:
The first full month under the state’s newly toughened distracted driving laws (August) yielded a record 1,082 tickets for texting, the DMV said. Year to date, more than 4,600 texting tickets have been written, already well above 2010′s total of 3,250.

With primary enforcement, the number of texting tickets more than doubled in 33 counties, Gannett reported, and more than tripled in a few other counties. (Cell phone tickets were in line with 2010 numbers.)

“I am proud to sign this bill today, both as the governor and as a father of three teenagers,” Gov. Cuomo said as he signed the tougher text messaging plan into law. “It’s plain and simple: distracted driving leads to tragedies that have affected families all across New York. This new law will help ensure that drivers keep their eyes on the road and their hands on the wheel. I thank Sen. Marcellino and Assemblyman Weisenberg for their hard work on this legislation.”

Cuomo decided to add the third point to distracted driving infractions at the administrative level because his plan did not advance in the Legislature.

Assemblyman Harvey Weisenberg, sponsor of A8106, said he received a congratulatory phone call from the governor’s office upon its passage, despite the presence of the competing measure from Cuomo. “I’m not going to kill our bill just because the governor came out with a recommendation,” Weisenberg, D-Nassau County, told the Legislative Gazette.

The sponsors of the primary-enforcement measure that passed the House and Senate — Weisenberg and Sen. Carl Marcellino — are the authors of similar measures introduced earlier in the session, including one that passed the Senate (SB 998b).

Weisenberg vowed to either get the bill through the Assembly or walk out. “We need tougher measures to crack down on texting while driving, and (to) send the message that our loved ones’ lives are simply not worth this unnecessary risk,” he said at a May 3 press conference just before the Senate approved S998b. Weisenberg sponsored the companion bill A6174.

Both the governor’s plan and the legislature’s plan would require distracted driving materials added to driver education courses.

S998 sponsor Sen. Marcellino, R-Syosset, said just before the vote: “Texting and driving is the ultimate distraction, taking all focus and attention off the road. The lethal nature of this epidemic mandates that we pass the primary ban now.”

Numerous city and county legislators have pushed for tougher local laws, pointing to the state law’s secondary enforcement. (View New York regional texting and driving legislation.)

Syracuse’s federally funded crackdown on distracted drivers ended April 16, with about 1,550 tickets written in the fourth, concluding sweep.

Syracuse’s revenues from distracted driving tickets issued in the four 2010-2011 sweeps totaled more than $400,000 as of August 2011, the Post-Standard reports. The majority of the funds came in surcharges attached to the tickets, which numbered 9,352. Money is still being collected as outstanding cases are settled.

The last of Syracuse’s federally funded distracted driving sweeps yielded 1,553 citations during its run April 7-16. “Understand, there will be a zero tolerance policy,” state police Maj. Donald DePass said at an opening press conference. “No excuses, no exceptions. We will continue to do enforcement until everyone gets it.” The breakdown: 1,371 for handheld cell phone violations; 182 for texting or using another electronic device.

The $300,000 program began in April 2010 and ended in April 2011. Law officers came from across Onondaga County and got overtime for their participation (more below).

The New York DMV commissioner says the Syracuse crackdown is a model program that could work statewide and nationwide. DOT chief Ray LaHood has praised the sweeps as a model for preventing distracted driving injuries and deaths.

2010 text messaging legislation:
A10063: Makes driving and using a portable handheld device a primary offense in the state of New York, meaning law officers can stop and cite drivers for that reason alone. Filed at the request of the governor. Latest action: Approved by the Assembly in a unanimous vote on July 1. To the Senate, where prospects are uncertain. (Weisenberg)

S6992: Makes driving and using a portable handheld device a primary offense. Same as A10063, above. Filed at the request of the governor. (Dilan)

A09802: Would make use of a portable electronic device while driving a primary offense, given police the right to stop and cite violators for that reason alone. Also calls for distracted driving education efforts in pre-licensing materials and tests, as well as defensive driving courses and traffic school. (Quinn)

A09229: Changes wording of existing law against use of handheld electronics while driving. Would no longer require defendants to prove they were not violating the law, only to provide evidence that is “tending to show” no violation occurred. Same as S06810. (Gantt)

S06810: Same as A09229, above. (Diaz)

2010 distracted driving notes:
Syracuse received federal funding for its four-part crackdown on distracted driving. The latest (third) sweep in Onondaga County got under way in early October 2010 and runs for two weeks. The previous sweep started July 22 and ran through the end of the month. The DMV reported that 2,146 tickets were written for cell phone or text messaging violations in that period. In April, police cited 2,185 drivers for cell phone violations and 115 for text messaging. The fourth crackdown is set for April 7-16, 2011.

A September 2010 crackdown on use of handheld cell phones while driving on the New York Thruway yielded almost 1,000 tickets, troopers said. That makes more than 9,000 tickets in the past year. Thruway police are using unmarked vehicles in order to catch offenders.

New York State Police conducted their third “Operation Hang Up” sweep on the Thruway and I-84 (mid-Hudson Valley) during early May. The original “Hang Up” of 2009 yielded 816 tickets for use of handheld electronic devices.

New York Gov. David Paterson filed proposed legislation in February (“Program Bill 222″) to upgrade distracted driving legislation to primary enforcement. The resulting pieces of legislation are A10063 and S6992 (read the texting ban news story).

New York’s ban on cabbies’ use of cell phones resulted in more than 1,500 tickets during its first three months. The law, which went into effect Jan. 29, calls for $350 fines. Indignant fares can call 311 to report blabbing taxi cab drivers, the Taxi and Limousine Commission says.

Statewide, law officers have written about 2 million tickets for violations of the handheld cell phone ban since it went into effect in December 2001. The average rate of ticketing for cell phone violations over that nine-year stretch is 185 citations per 1,000 drivers, state motor department officials say. Almost 65 percent of the violations came in New York City.

On June 22, NYPD ran a sweep on drivers who text or talk on cell phones. The ticket crackdown covered the five boroughs.

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.

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Michigan: Cell phone & texting laws, bills

December 4, 2008

Distracted driving update: A plan to ban cell phone use by teen drivers sailed through the state Senate on March 15 and is now before the House. State Sen. Howard Walker’s original plan was for secondary enforcement, but a committee amendment rerouted the measure to primary enforcement.

Just before approving the teen cell phone bill, the Senate gave a standing ovation to the activist parents of a Sault teen who was killed while driving distracted. SB 756 is known as Kelsey’s Law as a result of their lobbying.

An Ann Arbor mother of four died March 27 after she flipped her auto while driving and texting, police said.

96 percent of Michigan drivers acknowledge that texting and driving is dangerous behavior, but as many as 17 percent say they read texts while behind the wheel. The survey of 600 drivers by the Office of Highway Safety Planning found 56 percent of them used their cell phones while driving, even though 80 percent acknowledged the practice is dangerous, and a third of them said it was as bad as drunken driving. “The (need) to be constantly connected and available seems to trump traffic safety,” OHSP director Michael Prince said.

Current prohibitions:

• Text messaging outlawed for all drivers. Fines $100 (first offense) and then $200.

• In Detroit, drivers making cell phone calls must use hands-free devices.

2012 distracted driving notes (2011):
State police said in February 2012 that 1,149 drivers have been ticketed under the texting & driving law that went into effect July 1, 2010.

“It’s safe to say probationary drivers should be totally focusing on the road and not on their cellphone conversations,” said state Sen. Howard Walker, author of SB 756. The distracted driving bill was approved by the Senate on March 15 and is now in the House.

At least one opponent of SB 756 wants to see a tougher cell phone law instead. Sen. Gretchen Whitmer, D-East Lansing, voted against the bill because it did not apply to all drivers.

Members of the Senate Energy and Technology Committee signaled Feb. 21 that they preferred primary enforcement for the teen cell phone ban envisioned by SB 756. They followed through Feb. 28 by amending the bill for primary status. Committee chairman Sen. Mike Nofs, R-Battle Creek, proposed the amendment. Sen. Coleman Young, D-Detroit, decided not to vote on the legislation as a result.

Bonnie Raffaele, who lost her teenage daughter Kelsey in a cell phone-related crash, testified in favor of Senate Bill 756 at a hearing Feb. 21. Sen. Howard Walker’s plan would ban cell phone use by Michigan’s youngest drivers. “I ask you today to please help me save the kids and keep someone else from suffering like we have,” she said to the Energy and Technology Committee. Senators reportedly assured her the legislation would clear the Senate (and it did).

“Now we need to get to work on members of the House,” Raffaele said after the March 15 Senate vote.

House Speaker Jase Bolger, R-Marshall, reportedly wants to see how the state’s text messaging law plays out before deciding on cell phone prohibitions.

Michigan State Police’s Commercial Vehicle Enforcement division treated the first 90 days under the federal handheld cell phone law as a warning/education period. The commercial vehicle regulations went into effect Jan. 3, 2012.

Over the past decade, more than 9,000 traffic accidents in Michigan involved cell phone use, according to the Booth Michigan newspaper chain.

2011-2012 distracted driving legislation:
Senate Bill 756: Would prohibit teens with a restricted (level 1 or 2 graduated) driver’s license from using a cell phone while behind the wheel. As introduced, bill calls for secondary enforcement but it has been amended to primary. Approved unanimously by the Transportation Committee on Jan. 25, 2012. Amended and approved by the Senate Energy and Technology Committee in a unanimous vote of Feb. 28. Legislation now calls for primary enforcement and allows for voice-activated operation. Via substitute S-3. Latest legislative action: Approved by the Senate in a 28-10 vote taken March 15. Aka “Kelsey’s Law.” (Walker)

House Bill 4208: Would establish graduated penalties for causing an accident while driving and viewing a TV screen or similar electronic device. Exempts screens related to vehicle use such as dashboard operation systems. HB 4209 (tied to 4208) makes killing a person while using an electronic device such as a TV a class C felony. In injury case, class E felony. No legislative activity on these bills in over a year. (Geiss)

2011 distracted driving notes:
The prosecutor in Lapeer County is calling on legislators to toughen the laws against causing a death while text messaging. Prosecutor Byron Konschuh cites the case of Jerry Joseph, who pleaded guilty to a moving violation causing death (and driving without insurance). Joseph ran a stop sign in Attica Township and killed a 78-year-old woman. He faced only two years in jail. The actual sentence was for 30 days in jail and a $5,000 fine. “We feel the punishment (for texting and killing) should be similar to operating under the influence causing death, which carries a 15-year maximum in prison,” Konschuh said.

It was estimated there were 881 cell phone-related accidents in 2010, with five people killed and almost 300 people injured.

Distracted driving notes (2010):
Gov. Jennifer Granholm signed the no-texting-while driving bills into law on a “No Phone Zone” special on “The Oprah Winfrey Show.”

State Rep. Richard LeBlanc was pushing for his teenage driver restrictions to be adopted before the end of 2010. LeBlanc, D-Westland, filed HB 4493 back in March 2009. Its primary concern is limiting to one the number of non-family members that teenagers with restricted licenses are allowed to transport, but it includes a provision that cell phones are banned for young drivers with Level 2 licenses.

2010 legislation:
HB 4394: Would outlaw text messaging by all motorists. Fines $100 then $200. The texting bill was approved by the House on Dec. 8, 2009, and transmitted to the Senate (Transportation Committee, Dec. 9). The Senate approved the bill on March 25 (a 28-10 vote) but upgraded it to primary enforcement. The House agreed to the change on April 20 (a 74-33 vote), but a minor companion bill had to pass before it was sent to the governor, which happened on April 28. The bill was signed on April 30, along with two other texting-related measures, HB 4370 and SB 468. Latest action: The law took effect July 1, 2010. (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. Signed into law by the governor on April 30, along with two other texting-related measures, HB 4394 and SB 468. (Polidori)

SB 468: Specifies that violations of the text messaging ban are not to be recorded on the driver’s master record. (This bill originally made handheld cell phone use illegal for all drivers and was approved in the Senate, but was converted to the master record exemption in the House.) Signed by the governor on April 30 as part of the text messaging package (see HB 4370 and HB 4394, above.) (Kahn)

(more 2010 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)

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.

2010 distracted driving notes:
Gov. Granholm said of the texting law: “By signing this law and making texting while driving a primary offense, we are giving Michigan’s law enforcement officers the tools necessary to identify and stop this dangerous behavior before it results in a crash causing injury or death.” She said she would support further efforts to ban drivers’ use of handheld cell phones.

The city of Troy followed up on the tougher state texting law by outlawing drivers’ use of handheld cell phones and declaring the entry of phone numbers a texting violation. Troy’s ordinance also addresses other forms of driver distraction: “eating, writing, performing personal hygiene/grooming, physical interaction with pets, passengers or unsecured cargo.” The law applies if the driver does not have at least one hand on the wheel with “a controlled grip.” Fines $200 for text messaging and $75 for talking on a handheld cell phone. No points. Troy’s police remain in “education mode” about the law as of early November, Lt. David Livingston told HandsFreeInfo. Enforcement won’t begin until Jan. 1, 2011, due to “vendor issues.”

Police Capt. Gerry Scherlink found himself defending Troy’s distracted driving fines in early November, in the wake of charges that the city was ticketing to raise money: “The Troy Police Department utilizes problem solving in its approach to traffic safety. Traffic enforcement for the mere sake of issuing tickets for the so-called generation of revenue is not practiced by this department.” About 100 warnings have been issued since early October 2010.

State Rep. Lee Gonzales, D-Flint, sponsor of the original HS 4394, pushed the House to approve the Senate version of his bill, which happened on April 20. The Senate version of the texting ban called for primary enforcement; the House wanted secondary enforcement. Sen. Jud Gilbert, R-Algonac, pushed through the upgraded enforcement. The bill became law April 30.

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 originally called for fines of $100 for cell phoning behind the wheel to $500 for texting. SB 467 and 468 came with $100 fines.

Ann Arbor’s proposed ban on handheld cell phone use and text messaging while driving passed its first reading on Feb. 17, 2010, but the matter was placed on hold a month later, pending another City Council vote. 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.

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Missouri: Cell phone laws, legislation

December 2, 2008

Legislative update: The Legislature had before it at least seven distracted driving bills in 2012, but with the session winding down, none is expected to come to a vote.

Most of the bills seek to ban text messaging by all drivers in Missouri. A general distracted driving bill has been filed as well.

The Senate considered both of the distracted driving bills before it. The House says it conducted several public hearings.

The city of Forsyth approved an inattentive driving ordinance on March 5, 2012. “We saw a big jump in distracted driving accidents,” Mayor Ron Potter says. Police reported that as many of 55 percent of accidents in 2011 were linked to distractions. The Forsyth law is now in effect with fines up to $500.

Current prohibitions:

• Drivers 21 or younger prohibited from text messaging.

Read the “21 or younger” texting statute.

2012 distracted driving legislation:
House Bill 1083: Seeks to outlaw text messaging while driving via handheld electronic wireless communications devices. Exempts voice-recognition technology such as those preinstalled in a vehicle. Infractions would be moving violations subject to points against a driver’s license. “Public hearing completed” April 2. (Wells)

HB 1148: Would prohibit drivers from using cell phones or text messaging unless a hands-free device is employed. (Gatschenberger)

HB 1334: Would bar any driver being paid to transport passengers from using handheld wireless communications devices. Hands-free operation OK. “Public hearing completed” March 28. (Meadows)

HB 1419: Would apply text messaging prohibition for drivers 21 or younger to all drivers. Prohibits traffic stops “solely to determine compliance” with texting law, meaning secondary enforcement. See SB 567, below. (Colona)

HB 1430: Seeks to ban text messaging for all drivers. Hands-free voice activated texting OK. (Kratky)

Senate Bill 567: Would apply text messaging prohibition for drivers 21 or younger to all drivers. Secondary enforcement. “Hearing conducted” by Transportation Committee on Jan. 25. (Wright-Jones)

SB 717: A general distracted driving bill. Violations occur if driver “fails to give full time and attention to the operation of the motor vehicle,” “fails to maintain a proper lookout” or strays from “the primary mission of driving.” Class C misdemeanor unless accident results, in which case a violation is a Class A misdemeanor. Latest legislative action: Approved by the Transportation Committee on Feb. 23 and now before the full Senate as an “informal calendar” item. (Stouffer)

2012 distracted driving notes:
State Rep. Tim Meadows says his plan to bar use of handheld electronic devices by for-hire drivers dovetails with the recent federal curbs on interstate truckers. “The government is already saying to the trucking industry that they’re not allowed to be on their cell phones,” said Meadows, D-District 101. “This should send a message to the rest of the public.” Meadows supports a statewide ban on handheld electronics use by all drivers.

A Jan. 25 hearing on Senate Bill 567 included supportive testimony from the Missouri Trucking Association, the Highway Patrol and the State Medical Association. Sen. Robin Wright-Jones, D-St. Louis, is the sponsor.

Rep. Don Wells, R-Cabool, returns with House Bill 1083, which would prohibit texting via handheld devices by all drivers. It’s a rerun of his HB 600 of 2011. Wells says he regretted supporting the current Missouri law that bans texting just for younger drivers. “Missouri was the laughingstock of the country for passing that law,” Wells said.

A two-day Distracted Driving Summit was held in Jefferson City on Feb. 16-17.

Driver inattention is listed as the No. 1 cause of traffic accidents in Missouri.

2011 distracted driving notes:
No distracted driving legislation survived the 2011 session. The House approved a plan to remove the “21 and under” restriction from the current texting & driving law, but time ran out on the bill.

The National Transportation Safety Board recommended a total ban on cell phone use by U.S. drivers following its probe of a distracted driving wreck in Missouri. A Missouri teenager sent and received multiple text messages just before he caused a chain of rear-end collisions that left two people dead and 38 injured, the NTSB reported Dec. 12. The August 2010 accident involved the teen’s pickup truck, a tractor-trailer and two school buses. The teenage driver and a student in one of the buses died.

In the legislature’s final days, House Bill 600 and Senate Bill 11 were the surviving measures that would have extended Missouri’s ban on teens texting while driving to all drivers, regardless of age. HB 600 incorporates HB 337 from Rep. Don Wells.

A House hearing on two plans to ban text messaging for all drivers reportedly found the committee siding with HB 337 from Rep. Don Wells, although no vote was taken. The idea of an overall texting ban “was almost universally well received,” the Post-Dispatch reported March 2. A similar bill that called for secondary enforcement (HB 317) generated less enthusiasm.

In 2009, state Sen. Ryan McKenna saw his legislation result in Missouri’s texting ban for young drivers. In 2010, his bid to extend the ban to adult drivers failed. McKenna, D-Crystal City, tries again in 2011 with SB 11 (above), which was approved by the Senate Transportation Committee on Jan. 26. Texting while behind the wheel is “a bad idea regardless of age,” he says. A House bill seeks the same sanctions.

Ryan says of the teens-only texting ban: “It makes horrible public policy to say if you are 22 or older, it is safe to text and drive.”

The Springfield News-Leader editorialized on Jan. 27: “Missouri Highway Patrol officers have urged a total ban on texting, and now lawmakers must step up.” Noting that the current ban only applies to young drivers, the paper wrote, “Well, we might get wiser as we gain driving experience, but our reflexes don’t generally work any faster.”

2011 distracted driving legislation:
HB 600 (incorporates HB 337, below): Would ban text messaging for all drivers in Missouri. Applies to use of handheld devices, but allows “voice-recognition hands-free texting.” Measure includes several unrelated bills. OK’d by the Crime Prevention and Public Safety Committee (March 3) and the Rules Committee (April 14). Latest legislative action: Approved by the House on a 103-44 vote taken April 26. Transmitted to the Senate and in the Judiciary Committee. Senate executive session marks bill “do pass” on May 9. Bill placed on “informal calendar” May 12. Bill dead for year. (Wells)

Senate Bill 11: Would extend the ban on text messaging by teen motorists to all drivers. Hands-free texting OK. Also allows communities to craft distracted driving legislation providing it is not more restrictive than the state law. Approved by the Senate Transportation Committee on Jan. 26 and sent to the Senate floor. Latest action: Do not pass recommendation issued by Ways & Means and Fiscal Oversight Committee on March 7. Scheduled for third reading May 9 in Senate as SCS for SB 11. Dead. (McKenna)

House Bill 93: Seeks to make the texting ban for drivers under 21 apply to all drivers. No action and “hearing not scheduled” as of March 1. Dead. (Shively)

HB 317: Would make text messaging illegal for Missouri drivers, regardless of age. Secondary enforcement. Latest action: Hearing before the House Public Safety Committee on March 2, but no vote taken. (Colona)

HB 337: Would ban text messaging for all drivers in Missouri. Applies to use of handheld devices, but not hands-free operation. Latest action: Folded into HB 600, above. (Wells)

2010 legislation (dead):
HB 2111: Text messaging ban would be extended to all drivers regardless of age under this broad transportation bill. Approved by the House on April 29 (102-9 vote). First-round approval by the Senate on April 26, with amendments unrelated to texting. Sent to Fiscal Oversight Committee.

SB 701: Would ban texting by all Missouri drivers. Moving violation with points. Cleared the Senate Transportation Committee on April 13. (McKenna)

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)

Cell phone, texting notes (pre-2011):
In the 2010′s first six months, 17,535 accidents in Missouri had some link to distracted driving, the Highway Patrol said. There were 791 traffic crashes related to mobile phone use behind the wheel, with eight fatalities and 239 injuries.

Public Safety Committee Chairman Mark Bruns, R-Jefferson City, said none of the 2010 plans for adding adults to the texting ban advanced because, in part, it is too hard for police to tell if a driver is over 21. Bruns said enforcement was so tricky that there should be no texting ban in Missouri.

Cell phone use while driving contributed to more than 1,780 accidents in Missouri in 2009, the highway patrol reported.

Rep. Don Wells, R-Cabool, who sponsored another bill (HB 1276) that would have outlawed texting by all drivers, said of the existing teen ban: “That’s like saying, ‘You can kill yourself if you’re over 21.’ ” Wells owns a defensive driving school.

The Missouri State Highway Patrol launched an anti-text messaging campaign in July. The campaign’s logo features a “no texting” design. MSHP is offering window-cling decals to the public. Con-way Freight, a major employer in Missouri, promoted the campaign by featuring the no-texting logo on its Ford Fusion race car. (Con-Way prohibits texting by its drivers). Adults, however, are allowed to drive and text message in Missouri, party due to law officers’ concerns over enforcement. The highway patrol asked older drivers to “honor the letter and the spirit of the law.”

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.

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