Georgia: Cell phone laws, legislation

Cell phone legislation news: Only one bill was filed for the 2011-12 General Assembly sessions seeking to ban use of handheld cell phones while driving. It died in the House. Use of cell phones would have been permitted with hands-free accessories.

Georgia’s ban on text messaging is in effect with $150 fines. Cell phone use by drivers under 18 also is prohibited. Both were results of the 2010 General Assembly session.

Current prohibitions:

• Text messaging banned for all drivers. Fines of $150.
• Drivers under the age of 18 prohibited from using cell phones, regardless of whether a hands-free device is attached. Also bans computer use. Fines of $150.
• School bus operators prohibited from using cell phones while driving, if passengers are present.

2011-12 legislation:
HB 67: Would have outlawed use of handheld mobile phones while driving. Died after second reading. (Mayo)

2011 distracted driving notes:
The Georgia Chapter of the National Safety Council isn’t going to bat for HB 67, which would ban handheld cell phone use but allow calls using hands-free accessories. “Just going to a hands free (device) does not improve safety,” Robert Wilson said. “The distraction is not the physical phone, it’s the conversation.”

2010 session legislation (successful):
SB 360: Would outlaw text messaging and related activities on cell phones while driving. Specifies the ban would not apply to cell phone calls. Fine $150. Also would prevent young drivers with instructional licenses from applying for a regular license if guilty of two texting violations in a year. Approved by the Senate on March 18. Approved by the House (131-19 vote) on April 27 and sent to the governor. Signed by the governor on June 4. Took effect July 1. Latest action: After a one-month delay in writing tickets, enforcement began Aug. 1. (Murphy)

HB 23: Would prohibit drivers with restricted licenses who are under 18 from using wireless devices such as cell phones and texting units. Fines up to $150 plus possible license suspension. If driver is found at fault in an accident, fine would double and license would be suspended. Approved by the Georgia House on March 12, 2009, but stalled in the Senate after a second reading in March 2009. “Recommitted” in Senate as of Jan. 11, 2010. Approved by the Senate (47-0 vote) on April 27. Signed into law by the governor on June 4. Went into effect July 1. Latest action: After a one-month postponement, enforcement began Aug. 1, 2010. (Ramsey)

More 2010 session legislation:

HB 938: Would restrict all drivers from text messaging. Drivers under 18 also prohibited from using cell phones while driving. Fines $50 to $100 plus two points. If driver is found at fault in an accident while texting, fine would double and license would be suspended. Under-18 drivers would lose license for 90 days on first offense, then six months. Directs law officers to note use of wireless communications on accident form. Approved by the House on March 26 in a 134-31 vote. (Peake)

Georgia House Bill 945: Would outlaw use of cell phones and related texting devices by all drivers while operating a motor vehicle on state roads and highways. Fines up to $300. (Amerson)

HB 944: Would prohibit drivers from texting and emailing. Fines up to $300. (Amerson)

HB 940: Limits students’ use of electronic devices, including cell phones, while on a school bus. Drivers are already barred from using cell phones. This bill’s main target is bullying. (Hugley)

SB 306: Exempts hands-free devices such as Bluetooth headsets from the state law prohibiting use of headphones while driving. Passed by the full Senate on Jan. 28, 2010. (Heath)

SB 327: Sseeks a ban on text messaging and using handheld cell phones while driving. Primary enforcement. Fines $175 then up to $500. One driver’s license point, then two. (Thompson, Thomas)

2010 legislation notes:
Enforcement of the Georgia distracted driving laws that went into effect July 1 was delayed until Aug. 1 due to an “administrative decision” by the Georgia Department of Public Safety. Violators are now subject to $150 fines.

Suspense hung over the text messaging and cell phone laws approved by Georgia’s Legislature as the governor fretted over enforcement issues. Safety advocates and students lobbied successfully in the final days of the legislative session for him to sign the bills. Gov. Perdue said June 2 of the SB 360 texting ban: “I’ve got some concerns over the enforceability of that. … None of this business is black and white.”

Rep. Allen Peake, who sponsored similar legislation, said that Perdue had threated a veto but saw the light: “I think you have to look at it from this standpoint. The benefits significantly outweigh the negatives and the concerns about law enforcement.”

State media reported that Perdue cut a deal with lawmakers that his concerns about enforcement would be addressed via new legislation next year. “Therein lies a potential problem,” the Athens Banner-Herald editorialized June 8. “It’s certainly possible that, in addressing Perdue’s concerns, lawmakers could cause additional confusion. … (They) might be well advised to leave well enough alone when it comes to the new law on texting while driving.” (Perdue will not be in office in 2011.)

The successful measure SB 360 also is known as the “Caleb Sorohan Act for Saving Lives by Preventing Texting While Driving,” in memory of a Dahlonega teen killed in a texting-related crash. The bill notes that “virtually every driver in Georgia now possesses” a cell phone.

Rep. Amos Amerson, R-Dahlongea, says he was inspired to file the anti-text messaging Georgia House Bill 944 by friends who lost their grandson in a texting-related accident over the holidays.

Sponsor Sen. Jack Murphy, R-Cumming, said: “My bill started out just to ban teenage texting, but as we went on, we got more feedback from constituents saying, ‘Hey, why doesn’t this apply to adults?’”

A driver who was cited for driving while using a hands-free headset inspired SB 306, which modernizes the Georgia law against the wearing of headphones while operating a motor vehicle. Sponsor Sen. Bill Heath, R-Bremen, saw his bill become the first legislation passed by the Senate in the 2010 session. “Drivers who want to be safe on the road and use hands-free devices should not be penalized for using good judgment,” he said. The law predated widespread use of wireless telecommunications devices.

2009 legislation (inactive)
HB 19: Would create distracted driving penalties for motorists who were using cell phones at the time of an accident, with or without hands-free devices. One-point penalty and up to $500 fine upon conviction. Appears dead.

HB 21: Would ban drivers with learning permits (instructional or provisional) from using cell phone, with or without hands-free devices. One-point penalty upon conviction. No action — see HB 23.

Georgia cell phone/texting legislation notes:
“It doesn’t matter if you’re a teenager or an adult. You’re still dangerous to other people,” says Rep. Amos Amerson, R-Dahlonega, whose HB 945 would ban texting by all drivers regardless of age.

Senate Majority Leader Chip Rogers, R-Woodstock, says he’ll “be happy to look at” evidence showing text messaging while driving is dangerous. He plans to focus on property tax issues in 2010.

HB 23, which was approved in the House on a 138-34 vote, calls for fines of $50 to $100 and two points on the offender’s driving record. An accident caused by a teen using a cell phone would result in a loss of license for three months or until the driver turns 18.

HB 23 was sponsored by Reps. Matt Ramsey of Peachtree City, Edward Lindsey of Atlanta and Tom Rice of Norcross (all Republicans). “If the law is enacted and proves successful, it will bolster the case for further efforts to reduce distractions among all drivers,” Ramsey wrote on his legislative blog. Of a ban on handheld cell phones for all drivers, he wrote, “I would not be optimistic it would pass this year.”

Cell law inspiration: Ramsey notes he was run off the road by a high school student talking on a cell phone while driving.

Rep. Mary Margaret Oliver, D-Decatur, has been a driver of cell phone driver legislation in Georgia. She filed the bills HB 19 and 21 for the 2009 legislative session, but they were not approved. Her HB 174, banning use of cell phones by teen drivers, also failed to become law in 2007.

Georiga’s law preventing school bus drivers from using cell phone while on the road was enacted in August 2007.

Kansas: Cell phone laws, legislation

Cell phone, texting news: At least one piece of distracted driving legislation is under consideration in 2012: a plan to outlaw use of handheld cell phones by school bus drivers.

Kansas has no limits on cell phone use by adult drivers. The state’s ban on text messaging while driving took effect Jan. 1, 2011. No cell phone legislation advanced in the 2010 or 2011 sessions.

Current prohibitions:

• Drivers with restricted licenses banned from using wireless communications devices.
• Text messaging outlawed for all drivers. Fine $60.

Distracted driving legislation (2012):
HB 2500: Would prohibit school bus drivers from using hand-held wireless telephones while on the road. Exempts communications with dispatchers. Fines: $50 (first offense) then $100. (Transportation Committee)

Distracted driving notes (2012):
In 2011, Wichita police wrote 34 tickets under the state texting & driving law. Most went to adults.

2011 distracted driving notes:
The city of Manhattan voted to retain its ban on handheld cell phones. Two commissioners wanted to bring the city into alignment with state laws, which permit cell phone use by adult drivers. The June 7, 2011, vote against the repeal was 3-2. The mayor and the county police department both opposed the plan to drop the cell phone ban.

2010 legislation:
Senate Bill 300: Would ban text messaging while driving. (Originally only a vanity license plate measure.) Amended and approved by the Senate on May 10 and sent to the governor, who signed it into law on May 24. Latest action: This texting law took effect Jan. 1, 2011.

Senate Bill 351: Would outlaw texting for all drivers in Kansas. Fine $100. Approved by the Senate Judiciary Committee on Feb. 16 and then by the full Senate on Feb. 19. (Emler/Committee on Ways and Means)

House Bill 2439: Would prohibit text messaging and related activities for Kansas drivers. $100 fine. (Sponsored by the Transportation Committee)

House Bill 2441 Seeks to ban text messaging and emailing by all drivers. (Appears identical to SB 351, above) (Committee on Appropriations)

2010 legislation notes
The Senate approved SB 300 in the late hours of the legislature’s final day. The ban on sending and receiving text messages while driving was added to a bill that originally made changes to Kansas’ vanity license plate operation.

During the full Senate debate on the anti-texting bill SB 351, an opponent called the plan “popular, but dumb.” Sen. Jay Emler, R-Lindsborg, who drafted the measure, replied: “I don’t give a rat’s rear about being popular. It was drafted to save lives.” The Senate’s vote of Feb. 19 was 34-6.

No one spoke against HB 2439 in its Transportation Committee hearing on Jan. 19. The Highway Patrol and the Peace Officers Association both spoke in favor of the text messaging ban for all Kansas drivers.

2009 legislation
HB 2143: Would ban holders of learner’s permits from using wireless communications devices while driving (part of larger bill addressing young driver safety). Signed into law by the Kansas governor in late March. Took effect Jan. 1, 2010.

HB 2132: Would prohibit the sending, writing or reading of text messages while driving.

Kansas cell phone/texting legislation notes:
HB 2143 (substitute), the teenage driving legislation, was approved by the Kansas Senate and House, and then signed by Gov. Kathleen Sebelius in late March. The cell phone ban was one of several new restrictions on young drivers in the legislation. The teen cell phone ban went into effect Jan. 1, 2010. This is the first move by Kansas to restrict cell phone use by drivers.

The Topeka Capital-Journal endorsed the proposed text messaging ban HB 2132, saying, “One aspect of the bill we particularly like is that it treats minors and adults equally, unlike some other attempts to regulate the use of cell phones while driving.” The proposed fine for unlawful texting would be $60.

In Kansas, cell phone-related accidents killed seven people and injured 161 in 2007, according to the state Department of Transportation.

A Kansas University professor reports that 72 percent of the 321 KU students surveyed said they texted while driving.

Lawrence, Kan., received national attention in 2006 for a proposed ban on use of cell phones by drivers. The plan died in committee.

Recent cell phone/texting legislation
HB 2706: Would have required that “no person while driving a motor vehicle shall be so distracted as to interfere with the safe operation of such motor vehicle. Activities include using personal communication technologies.” Last seen in committee.

HB 2705: Would have prohibited text messaging while driving. Last seen in committee.

HB 2118 would have required hands-free devices for drivers (2007). Died in committee in May 2008.

Washington state: Cell phone laws, legislation

Cell phone/texting news: No new distracted driving legislation has been filed for the 2012 session, except for a pair of bills seeking to exempt truckers from the texting and driving ban if they are pulled to the side of the road with the motor running.

Texting and using handheld cell phones while driving are targeted with “primary enforcement” as of June 10, 2010. The Washington state House and Senate butted heads over the plan to toughen existing distracted driving laws, but the measure finally was approved and signed by the governor.

Washington’s upgrade to primary enforcement has been good for the traffic ticket stats: The number of distracted driving citations is more than five times as high since the law changed, according to the Murrow News Service. That’s 6,850 tickets from mid-June 2010 to mid-May 2011, compared with 1,344 in the same stretch of time beginning in 2009.

Current restrictions:

• Drivers are prohibited from holding cell phones and other wireless communications devices to their ears.
• Teenage drivers are barred from using all cell phones and other wireless communications devices.
• Drivers are prohibited from text messaging.

Washington cell phone, texting notes (2012):
The Washington Traffic Safety Commission says 1,300 crashes were linked to electronic distracted driving from 2006 to 2010. Between 2004 and 2008, distracted driving in Washington State contributed to 758 deaths. In the period 1998-2007, 18 percent of fatal crashes were blamed on “inattention.” The commission points out that collision data collected by crash investigators significantly underreports driver distraction.

King County was by far the worst county for distracted driving deaths between 2004 and 2008, traffic safety researchers say.

Distracted driving legislation (2012):
House Bill 2736: Would separate commercial and “noncommercial” drivers with regard to text messaging law. Specifies that the driver of a commercial motor vehicle can text while pulled off to the side of the road with the motor on or off. Defines texting as a “serious traffic violation.” Amended and approved by the House Committee on Transportation on Feb. 6 (amendment removed exemption for some school bus drivers). Approved by the House in a 95-0 vote taken Feb. 11. (Department of Licensing via Hansen)

Senate Bill 6534: Companion bill to HB 2736, above. (Department of Licensing via Eide):

2011 legislation:
HB 1103: Revises wording of state prohibitions on video devices in vehicles. Ban would apply only to use of video devices visible to the driver, with the exception of live images of vehicle backing up. Approved by the House in a 90-3 vote on Feb. 22, and then amended and approved by the Senate in a 48-0 vote April 1. The House concurred April 18 (97-0) and the bill was signed by the governor May 16. Law took effect July 22, 2011. (Kristiansen)

2010 legislation:
Washington State Senate Bill 6345: Would make text messaging and holding a cell phone to the ear while driving primary offenses, toughening the existing state law. Also would prohibit drivers with instruction permits or intermediate licenses from using cell phones or text messaging. Fine of $124. Companion bill to HB 2635, below. Approved by the state Senate on Feb. 5, 2010, and then by the House Transportation Committee on Feb. 24. Approved by the full House on March 3, but without the primary enforcement status for adult cell phone violations. On March 6, the Senate rejected the House’s watered-down version of the bill and sent it back to representatives. The House agreed to the Senate’s version on March 11 and the measure was signed Gov. Chris Gregoire on March 26. Latest action: Primary enforcement of the Washington state distracted driving law began June 10. (Eide)

Washington State House Bill 2635: Companion bill to SB 6345, above. Fine of $124. Heard in House Transportation Committee on Jan. 18. (Carlyle)

Washington cell phone, texting notes (pre-2012):
An insurance company poll of Washington state drivers found 83 percent supported the current $124 fine for texting while driving or thought it should be higher. Only 11 percent thought the fine was too high. The poll by PEMCO reported that up to 80 percent of the state’s drivers are unaware that distracted driving tickets are not part of their driving records. “Perhaps that’s not a bad misperception, if it discourages almost half of all drivers from texting and talking,” a PEMCO spokesman said Aug. 18.

Drivers ticketed for handheld cell phone use in the three weeks after the new law took effect could be in for a dismissal and refund. The fault lies with the Washington State Department Of Licensing, which failed to update its register of motor traffic laws. Affected jurisdictions include Federal Way, Olympia, Bremerton, Puyallup and Lacey. Tickets issued there between June 10 and July 1 (2010) are eligible for dismissal upon request by the driver.

The Washington State Patrol said it issued 670 tickets to distracted drivers in the 20 days after the tougher penalties went into effect June 10, 2010. Cell phone use brought 633 tickets and texting resulted in 34. About 500 warnings also were issued in that period.

The 2008 distracted driving law has lowered the number of accidents attributed to handheld electronic devices, the State Patrol says.

State Sen. Tracey Eide, D-Federal Way, saw her bill approved by the Senate and House, but the upgrade to primary enforcement for violations of the adult cell phone ban initially was defeated in the House. Representatives reconsidered on March 11 and the plan went to the governor, who signed it March 26.

“I’ve fought for this for 10 years, and sometimes I thought this day would never come,” Eide said after the bill cleared the Legislature. “Maybe now people will pay attention to their driving instead of their conversations.”

Eide led the Senate in rejecting the House’s new version, in an unusual Saturday session on March 6.

After the Senate passed SB 6345, she said: “It’s becoming an epidemic, people are not paying attention, and it’s extremely serious.” The vote was 33-15.

Eide sponsored the state’s 2008 hands-free law for cell phone use.

In 2009, more than 1,600 tickets were written for violations of the handheld cell phone ban, the state patrol said. About 230 people received tickets for texting while driving.

Eide’s bill also would cover primary enforcement for text messaging while driving and eliminate cell phone use entirely for drivers with learners permits or intermediate licenses. has the companion bill, HB 2635.

During SB 6345 debate in the Senate Transportation Committee, a student crossing guard testified as to the dangers of his job due to adult drivers distracted by their cell phones.

“Studies show that texting drivers are as dangerous on the road as drivers with a blood-alcohol level of .16 — twice the legal limit,” Eide said in a statement. “When you consider that two-thirds of teen drivers say they text and drive, we’ve got a critical public-safety issue on our hands. We need to strengthen our laws.”

In testimony before the House Transportation committee on Jan. 18, HB 2635 sponsor Rep. Reuven Carlyle, D-Seattle, said: “In Washington state, 97 percent aware (driver cell-phoning and text messaging are) against the law, but it is flouted because it’s a secondary offense.” State Patrol Chief John Batiste testified in favor of the bill, likening the offenses to drunk driving.

The text-messaging ban went into effect Jan. 1, 2008. The hands-free law became effective July 1, 2008, the same day as California’s heavily publicized cell phone driving law.

The fine for using a cell phone without a hands-free device is $124, but drivers must have committed another infraction to get that ticket. (See 2010 legislation, above.)

One year after the cell phone driving law took effect, the State Patrol reported these numbers: 4,939 drivers were stopped for use of handheld cell phones and 1,659 were ticketed. The majority of stops resulted in warnings. For text messaging, the State Patrol said 577 drivers were pulled over and 221 tickets were written. The number of collisions attributed to use of handheld devices fell from 1,118 (2007) to 827.

The 2009 Legislature adjourned on April 26, 2009. No bills concerning cell phones or text messaging were considered.

Washington state drivers’ attitudes about the cell phone driving law are being tracked by the insurance company PEMCO. In February 2008, before the law went into effect, a poll of drivers found that 60 percent of them believed motorists’ use of a handheld cell phone should be a primary offense. Three months after the law took effect, 50 percent replied that should be a primary offense.

“Perhaps not surprising, younger drivers are significantly more likely than their older counterparts to prefer that the law remains a secondary offense,” the PEMCO pollsters reported. “For their part, younger drivers are also more likely to admit that they talk on the phone only if they don’t see a law enforcement person nearby (19 percent versus 4 percent).”

Texting law leader: Washington was among the first six states to outlaw text messaging while driving. As of summer 2009, 14 states have adopted texting bans for motorists.

The prohibition of using hands for cell phone use while driving was signed by the governor in May 2007.

Tennessee: Cell phone laws, legislation

Distracted driving news: The number of cell phone-related crashes in Tennessee topped 1,000 in 2011, preliminary numbers show. That’s up from about 650 in 2008.

A July 1, 2011, addition to the Tennessee vehicle code specifies that motorists must use “due care” to avoid hitting pedestrians and bicyclists. While the amendment does not specifically address distracted driving, the growth of handheld electronics use by drivers was cited throughout the debate over SB 1171/HB1007. Drivers who hit pedestrians or bicyclists face tougher penalties including jail time and loss of license.

Current prohibitions:

• Text messaging prohibited while operating a motor vehicle in Tennessee.
• Drivers with learner’s permits or intermediate licenses are prohibited from using cell phones while driving.
• School bus operators prohibited from using cell phones while driving, if passengers are present.
• Installation or use of video monitors in a motor vehicle are prohibited if the intent is to provide entertainment or business content for the driver.

2012 distracted driving legislation:
House Bill 2998: Would prohibit operation of vehicle with an animal in the driver’s lap or between the driver and driver’s door. (Cobb)

SB 3110: Would prohibit operation of vehicle with an animal in the driver’s lap or between the driver and driver’s door. Same as HB 2998, above. (Yeager)

2012 distracted driving notes:
Almost all Tennessee drivers feel that texting while behind the wheel is dangerous, but more than a quarter of them do it anyway, a University of Tennessee survey shows. The Center for Transportation Research found 89 percent of drivers thought texting was a threat to their safety. That’s slightly more than those who said the same about drinking and driving. Nonetheless, 27 percent of those surveyed said they had texted while driving in the past month. “It is telling that Tennesseans now find (texting) a threat equal in severity to drinking and driving,” research chief Jerry Everett said. Read the traffic study (PDF).

2011 distracted driving notes:
A Chattanooga City Court judge is pushing for an ordinance that would make text messaging while driving a moving violation (misdemeanor). Tennessee’s texting ban is limited to non-moving offenses, meaning no points are added to the driver’s license and there are no insurance problems. The overlap with state law also would allow distracted driving cases to be heard in city courts.

Frustrated by trying to catch drivers who are texting, Nashville police have starting cruising for violations in unmarked SUVs. The oversized vehicles allow for clear visibility of drivers using handheld devices, allowing officers to distinguish between texting and dialing a cell phone. Most of these vehicles were seized in criminal cases.

The Highway Patrol issued 171 tickets for texting and driving in 2010. In 2009, the year the texting law took effect, 54 citations were handed out over a six-month period.

2011 distracted driving legislation:
House Joint Resolution 200: Urges drivers to refrain from using mobile telephones while driving in marked school zones. No law resulted. Unanimous approval of House on April 24 and Senate on May 21. Signed by governor May 25. (Gilmore)

HB 1042: Would prohibit drivers from using handheld cell phones in school zones while warning lights are flashing. Maximum fine of $50. Non-moving violation; no points. Removed from Transportation Committee subcommittee calendar April 5. (Gilmore)

SB 702: Same as HB 1042, above. Removed from Transportation Committee subcommittee calendar April 5. (Henry)

SB 581/HB 322: Would have prohibited using cell phones while driving in active school zones. Fine: $50. (Henry/Gilmore).

2010 legislation (dead):
HB 2943: Would prohibit use of cell phones while driving in Tennessee unless a hands-free device is employed. Fine $50. Failed to advance after introduction. (Sontany)

2009 legislation:
SB 393: Would outlaw text messing while driving. Signed into law. History: Approved by the Senate in a 22-6 vote on April 23, 2009, and by the House on April 27 with amendments specifying exemptions such as police. The Senate approved the final text messaging bill on April 30 and sent it to the governor, who signed it into law on May 13.

HB 107: Would prohibit text messaging by drivers on Tennessee roads. Cites cell phones and PDAs. Same as anti-texting legislation SB 393. Approved by the House Transportation Committee on April 7, 2009, with a provision that the state post road signs warning of the ban. House substituted SB 393 for HB 107 (House version dead.)

HB 331: Would ban use of cell phones while driving unless a hands-free device such as a headset is employed. Same as handheld cell phone legislation SB 884.

Previous Tennessee legislation notes:
Tennesee’s new law prohibiting text messaging while driving comes with a $50 fine for violators with $10 court costs. It is a non-moving offense, with no points added to the driver’s license. Enforcement began July 1, 2009.

Rep. Jon Lundberg, R-Bristol, sponsor of the House version of the texting bill (HB 107), saw his bill delayed by two weeks in a transportation subcommittee. An opponent of the bill sought an opinion from the state attorney general, who replied that under current Tennessee traffic laws “an officer has the authority to issue a traffic citation to any driver who is operating a motor vehicle in an unsafe manner, regardless of whether such unsafe operation is caused by cell phone use, text messaging or any other activity that prevents the driver from exercising reasonable care in the operation of the vehicle.”

Sen. Jim Tracy, R-Shelbyville, saw his SB 393 approved by the Senate Transportation Committee on March 10. The anti-driving and texting legislation passed on a 6-1 vote. “I don’t think we can legislate against stupidity,” said the nay voter, Sen. Mae Beavers, R-Mt. Juliet.

Sen. Tracy, the author of SB 393, said earlier in the session: “From what I’ve heard from other lawmakers, I think we’re in good shape. I feel like it will pass this year. I think we have the momentum to do it.” His previous attempt died in subcommittee. Texting while driving would bring a maximum $50 fine and $10 court costs.

Tennessee Rep. Jon Lundberg, R-Bristol, saw his text-messaging bill send to a “special summer study committee” during the 2008 session, a move often used to kill legislation. He reintroduced the text messaging legislation as HB 107 for the 2009 session. Lundberg’s measure would have mandated a misdemeanor for any driver who wrote or read text messages. The fine would have been $50.

Columnist Gail Kerr wrote about the text messaging debate in the Tennessean: “Is a law necessary? Yes. People are driving stupid. Teens have died. If the state doesn’t tell them to stop it, they’ll keep doing it. … Let’s put it this way. Would you want to be driving on a narrow, twisting road when the driver on the other side of the yellow line is text messaging? Didn’t think so.”

Six graduate students at the University of Tennessee are lobbying along with the American Automobile Association for passage of bills banning handheld cell phone use and text messaging by drivers.

The ban on school bus drivers’ use of cell phones was enacted in 2003.

The ban on cell phone use by drivers with learner’s permits or intermediate licenses was enacted in 2005.

The video screen law was revised during the 2008 session.

Cell phone-related legislation that was either rejected or allowed to die in the 2008 Tennessee legislative session:

HB 2550 and SB 2726: Would have prohibited drivers from using cell phones without hands-free devices. (Also SB 2726, SB 3670 and HB 2550)

HB 2618 and SB 2669 (identical): Would have prohibited text-messaging while driving.

SB 0088 and HB 0045 (identical): Would have prohibited the use of a cell phones when passing through a school zone as children are coming and going.

Massachusetts: Cell phone laws, legislation

Cell phone, text messaging news: The Legislature’s Joint Committee on Transportation approved a handheld cell phone bill Jan. 26. The vote was unanimous, but three members abstained from voting. The measure would require drivers to use hands-free devices while making phone calls.

The Joint Committee on Transportation’s Jan. 10 hearing on handheld cell phone proposals drew only one speaker: A father who lost a son in a crash linked to cell phone use while driving.

“If my son had been on a hands-free device that day, he would be here,” Jerry Cibley told lawmakers. He called Massachusetts’ 2010 text messaging law “a miserable failure,” the State House News Service reported.

Lobbyists did turn out at the cell phone law hearing, however. Rep. James Miceli, D-Tewksbury, charged that “year after year” they “come right in and kill the (cell phone ban) issue.”

Four bills filed for 2011-2012 seek to ban use of handheld cell phones. Three bills call for a complete ban on cell phone use by those driving through school zones. One would prohibit cell phone use by junior drivers.

Current prohibitions:

• Text messaging banned for all drivers, as well as other Internet-related activities. Fines: $100 (first offense), then $250, then $500.
• Cell phone use prohibited for drivers under 18, as well as use of other mobile electronics. Fines as above, plus graduated license suspensions.
• School bus operators and other public transit drivers barred from using cell phones while driving. Fine: $500.

Read the statutes: Texting | Teen drivers | Transit drivers

2011-2012 distracted driving legislation:
H1817: Prohibits the operator of a vehicle from using a mobile telephone or other mobile electronic device without a hands-free accessory. Approved by the Joint Committee on Transportation in an 8-0 vote taken Jan. 26. Three panel members abstained. (Wagner)

H3069: Would ban use of handheld cell phones by all drivers in Massachusetts. (Atkins)

H935: Would prohibit use of wireless telephones while driving through school zones. Fines: $100 for the first violation and then $200 and then $300. (Poirier)

H3086: Would outlaw use of cell phones while operating a vehicle in school zones. (Provost)

SB 1732: Would prohibit drivers from using handheld cell phones. (Creem)

S1764: Would require drivers to use hands-free devices while making cell phone calls. Fines: $100 (first offense), then $250, then $500. Moving violation. (Montigny)

S1765: Would prohibit use of cell phones while driving through school zones. (Montigny)

S1810: Would bar holders of junior driver’s licenses from using cell phones. Fine up to $100 and possible one-year loss of license. Non-moving offense. (Tolman)

2012 distracted driving notes:
Gov. Deval Patrick appears open to a ban on use on handheld cell phones, but admitted he hadn’t given the issue much thought. Patrick signed the state’s text messaging law.

Rep. William Straus, co-chairman of the Joint Committee on Transportation, told the State House News Service that he expects the handheld cell phone measure H1817 to clear the House but run into trouble in the Senate. Straus, D-Mattapoisett, said new members of the Senate probably will determine the bill’s fate since previous votes there have been close.

Two of the three Transportation Committee members who abstained from voting on H1817 are senators.

“Without this bill (H1817), the texting ban is meaningless,” says Rep. Steve Howitt, R-Seekonk, of the Transportation Committee.

Rep. Betty Poirier, R- North Attleboro, points to one reason that cell phone bans are a tough sell: “All legislators use their cell phones; they travel a lot,” she said

2011 distracted driving notes:
Massachusetts’ new law prohibiting cell phone use by drivers under age 18 is mostly a bust, the Boston Herald reports.

Only a dozen junior drivers had their licenses suspended for cell phone use since the law went into effect Sept. 30, 2010, the Herald said in August 2011. Police wrote about 700 texting citations to adults over the same period.

The Massachusetts Department of Transportation reports that as of late May, 951 distracted driving tickets were handed out since October 2010, when the state’s text messaging law went into effect. About 600 were for texting while behind the wheel; the rest went to drivers under the age of 18 who were using handheld electronic devices.

Rep. Denise Provost, Rep. Elizabeth Poirier and Sen. Mark Montigny have filed legislation in their houses seeking to prohibit all drivers from using cell phones while in school zones.

2010 legislation notes:
Massachusetts Gov. Deval Patrick signed into law a ban on text messaging on July 2. The House and Senate’s compromise legislation was sent to the governor on June 25, after the Senate’s unanimous vote. The House vote two days earlier was 150-1.

Gov. Patrick said as he signed the distracted driving bill into law: “Texting is one of the riskiest distractions that endangers public safety and today we are joining other states by saying it will no longer be tolerated.” The signing audience included people who lost family members to distracted drivers.

A joint House-Senate panel on June 22 reached their compromise using the two driving safety bills approved in 2010. HB 4795 bans texting while driving, but does not prohibit the use of handheld cell phones for adults. (Read the new Massachusetts distracted driving law)

The new law prohibits all drivers from texting while behind the wheel and bans use of all cell phones by drivers who are 16 and 17 years old. The young drivers are barred from using a variety of devices (TVs, video, PCs) under the heading “mobile electronic devices.”

Fines for adults: $100 (first offense), then $250 and $500. Fines for drivers under 18: $100 plus 60-day license suspension and youth traffic school (first offense), then $250 with six-month suspension and then $500 with a one-year suspension. Tickets are not moving violations and do not affect insurance premiums.

The new bill also requires a public awareness campaign for distracted driving issues, to begin Jan. 1.

There were significant differences in the distracted driving plans. Complicating the situation was the legislators’ different approaches to age-based testing for the elderly. That, too, was resolved.

The compromise, apparently, was the House dropping its ban on handheld cell phone use for adult drivers and the Senate agreeing to watered-down restrictions on elderly drivers.

The full House had passed a bill crafted by the Joint Transportation Committee that would ban texting and the use of handheld cell phones while driving. The measure also sought to prohibit drivers under age 18 from using cell phones of any type. Fines for violators $100/$250/$500.

In the Senate, a measure banning text messaging for all drivers was approved on March 2. (It cleared the Ways and Means Committee on Feb. 25.) The bill called for primary enforcement after criticisms of its previous plan for secondary enforcement. An amendment that would have included handheld cell phones to the texting ban was defeated 18-16. The bill would prohibit drivers under age 18 from using cell phones of any type with stiffer penalties than the House version. Fines $100/$250/$500.

The House bill is a “redraft” of HB 3354, filed a year ago (Wagner). The Feb. 4, 2010, House vote was 146-9. Transportation Committee co-chairmen Rep. Joseph F. Wagner, D-Chicopee, and Sen. Steven A. Baddour, D-Methuen, unveiled the plan a week earlier, but it did not include the hands-free requirement for cell phone use. Wagner’s amendment to add a handheld cell phone ban to the House bill passed by a 91-66 count.

SB 2246: Legislation that would authorize the City of Boston’s ban on text messaging. (Petruccelli)

The Daily Hampshire Gazette editorialized: “While an important and overdue step to protect the public from distracted drivers, (the new texting law) falls short of what’s needed: A law that requires drivers to use hands-free mobile phone devices when driving. … For seven years the Legislature has debated the mobile phone issue. This was the year to make something happen.”

The Gazette also said of the ban on cell phones for the youngest drivers: “What makes it safer to talk and juggle a cell phone while driving at age 19 or 20 than at 17? Is there a notable improvement in judgment at 18? Written the way it is, the law makes cell phone use behind the wheel a rite of passage for 18 year olds a goal to aspire to. Is this really what the Legislature intends?”

(background)

House Speaker Robert DeLeo had vowed some kind of driver safety bill will pass during the 2010 session. “That’s not going to get lost in the end-of-the-year shuffle,” DeLeo told the AP.

The House’s Feb. 4 vote on the Transportation Committee bill included approval of an amendment that lowered its penalties on junior drivers. The measure now calls for suspensions of 7 days, then 30, then 90.

“This sends a message that texting while operating a motor vehicle in the Commonwealth will not be tolerated,” Rep. Joseph Wagner said after the Joint Committee on Transportation approved the composite bill to outlaw texting for all drivers as well as cell phone use by drivers under 18.

The Senate legislation calling for a text messaging ban was introduced Feb. 25. Its original restrictions on violations to secondary enforcement was due in part to concerns over racial profiling, the Senate president said. The bill as approved by the Senate on March 2 now calls for primary enforcement. Primary enforcement empowers police to pull over and cite drivers for that violation alone. With secondary enforcement, another violation is needed for a stop.

Sen. Mark Montigny, D-New Bedford, pushed for upgrades to the Senate’s texting plan that would add handheld cell phones and primary enforcement. He lost on the cell phones but succeeded with the enforcement status. “It’s unconscionable that we’re still debating this,” he said. “It’s time to put a law that’s as strong as any law in the nation.”

Both distracted driving bills (House and Senate) include plans designed to cut down on accidents involving elderly drivers. That issue has dominated debate on the bills.

The Massachusetts House and Senate are in session through July.

New Bedford approved a citywide ban on text messaging while driving on April 22. Fines are $100 (first offense/$200/$300. “It took us three months,” said City Council sponsor Steve Martins. “Our state lawmakers have been working on a bill for years … and they still haven’t decided.”

New Bedford parents are up in arms over a video that shows a school bus driver chatting away on a cell phone while transporting students.

Medford’s City Council gave final approval to its ban on text messaging June 15. Fines $100-$300. The new law’s sponsor said he was tired of waiting for action from the capital: “The state legislature’s inaction on this issue has really bothered me. … They just fell asleep at the wheel,” said City Councilor Michael Marks.

Boston’s City Council voted unanimously in December for a ban on texting while behind the wheel. The city has petitioned the state Legislature for home-rule approval (see SB 2246, above). The Council had a public hearing on the text messaging issue Dec. 7. “They say you can’t legislate common sense, but I this case I think we need to do something about it,” said Councillor John Tobin, the legislation’s author. He indicated the intent was to pressure the state Legislature to pass one of the many bills pending before it regarding distracted driving. The Legislature would have to sign off on a Boston-area ban on text messaging as a “home rule” petition.

The Boston texting ban would receive “primary” enforcement, meaning police can pull over violators for that reason alone. Fine range between $100 and $300.

The Boston transit agency (trolley, bus and train) has disciplined 18 workers for violations of the cell phone ban, 10 of them fired. (A second offense means termination.) The MBTA policy went into effect on May 18, 2009, after a subway crash was blamed on a text-messaging driver.

Quincy has voted to ban texting within city limits. City council president Kevin Coughlin, author of the legislation, says he has been hit twice by text messaging teenagers. Fines for the “primary offense” would be $100 first offense then $200 and then $300. The Quincy texting ban was approved by the City Council on Feb. 15, 2010, and sent to the Legislature as a request for a “home rule” exemption.

Note: The Massachusetts Legislature web site does not provide reliable status updates on current bills. Information presented here may be incomplete.

2009-2010 legislation:
HB 4795: Compromise distracted driving bill created by House and Senate negotiators. Replaces all texting and cell phone bills related to driving.

HB 3259: Would ban use of handheld cell phones by all drivers and any cell phones by junior drivers. (Koutoujian)

HB 3160: Would outlaw text messaging by all Massachusetts drivers. (Atsalis)

HB 4029: Would prohibit handheld cell phone use and text messaging by drivers with junior licenses. (Murphy)

HB 4015: Junior operators of motor vehicles would be banned from using cell phones and text messaging devices. (Alicea)

HB 3369: Would create a campaign to spread awareness of the dangers of text messaging while driving. To be funded by voluntary contributions from telecommunications companies. (Welch)

Legislative, legal roundup:
Senate budget bill: A ban on texting while driving was approved by the full Senate on May 21, 2009, as part of the overall state budget bill. The provision was stripped out after the bill went to a conference committee with the House, on the grounds that it had nothing to do with the budget.

Sen. Steven A. Baddour, D-Methuen, introduced the amendment. It also would have prohibited public transit operators from holding a cell phone while driving.

Note: The Massachusetts Legislature web site does not provide reliable status updates on current bills. Information presented here may be incomplete.

A legislative hearing on June 11 surveyed more than a dozen 2009 bills that would ban text messaging and/or limit cell phone use while driving. The Transportation Committee heard from the mother of a teen driver who died just after receiving a text message.

“Texting while driving has become the new drunk driving,” said Rep. Peter Koutoujian.”You can tell someone is on their cellphone just by the way they’re driving.”

Sen. Steven Baddour’s text messaging amendment would bring a $75 fine and possible insurance penalties. He told fellow senators on May 21:

“The fact that we recently had a number of tragedies with young adults texting, we have a generation of drivers who think it’s OK to drive while texting. For people to suggest that holding a cell phone is the cause of accidents is not supported by the facts. At the end of the day, that’s where we need to do a better job, educating people.”

Almost 50 people were injured when a trolley operator in Boston crashed into the rear of another trolley while sending a text message to his girlfriend. The May 8 crash inspired an immediate city ban on drivers of trolleys, trains, and buses having cell phones in their possession while working.

A New Bedford man was sentenced to 2 1/2 years in prison for killing a 13-year-old bicyclist while text messaging and driving. Craig P. Bigos will see his drivers license revoked for 10 years as well, according to the Nov. 12, 2008, sentence.

The New Bedford Eagle editorialized on May 15, 2009: “Text messaging has become part of the culture, which won’t change. It has also become a threat to others on roads and trains, and that has to change.”

Cell phone use was cited in 435 vehicle crashes around the state in 2007, the Massachusetts Registry of Motor Vehicles reported. In 2008, the preliminary number was just shy of 400.

2007-2008 legislation:
HB 4477: Would require drivers to use hands-free devices while making cell phone calls. Would prohibit drivers under the age of 18 from using cell phones regardless of whether hands-free devices are engaged. Would prohibit drivers from sending text messages and e-mails while driving. Calls for a one-time $600 insurance surcharge for first offense. “No further action taken.”

HB 4477 was approved by the House on Jan. 23, 2008, and advanced to the Senate, where the cell phone bill (2048) was last reported in the ethics panel. Senate President Therese Murray, D-Plymouth, told The Republican that there was no interest in the cell-phone driving bill in her chamber, and that she had not given it much thought.

Rep. Joseph F. Wagner, D-Chicopee, the moving force behind the House bill, is up against the Senate chairman of the transportation committee, who wants the legislation to die without a floor vote.

“Every independent study that I’ve seen … says it’s not the holding of the cell phone that causes the problem,” Sen. Steven Baddour said. “It’s the distraction of not paying attention.”

Louisiana: Cell phone laws, legislation

Cell phone, texting news:

State Reps. Regina Barrow and Austin Badon teamed up to file two pieces of legislation that would ban handheld cell phone use while driving in Louisiana. Barrow’s House Bill 787 and Badon’s HB 695 both cleared the Transportation Committee and are set for debate by the full House.

HB 787 calls for secondary enforcement. HB 695 calls for primary enforcement. Barrow and Badon are co-sponsors of each other’s legislation.

The House Transportation Committee amended and approved HB 695 on April 16. It then amended and approved HB 695 on April 24.

Louisiana lawmakers have rejected all distracted driving legislation concerning cell phones four years in a row. The state did upgrade its existing text messaging ban to primary enforcement during 2011. This means police can stop and cite drivers for that violation alone.

The Legislature returned March 12, 2012. The session ends June 4.

Current prohibitions:

• Text messaging banned for all drivers. Fines up to $175 (first offense) and then $500. Primary enforcement.
• Drivers under 18 years old may not use wireless devices — including cell phones, text-messaging units and computers — while operating motor vehicles.
• Drivers with learner’s and intermediate licenses prohibited from using cell phones unless a hands-free device is attached.

Distracted driving legislation (2012):
House Bill 695: Prohibits use of all wireless telecommunications devices while driving, including cell phones. Would repeal current laws related to minors and drivers with restricted licenses. Amended by sponsor to allow for hands-free operation. Primary enforcement. Would replace Louisiana’s existing distracted driving laws (above). Approved by the House Transportation Committee on April 24 and sent to the full House. Latest legislative action: Approved by the House in a 68-29 vote taken May 2 and transmitted to the Senate. (Badon, Barrow)

HB 787: Would add cell phones to state’s ban on texting while driving. Seeks to prohibit use of wireless telecommunications devices unless hands-free. Texting (only) a moving violation. Would repeal current wireless device bans for restricted licenses holders and minor drivers. Secondary enforcement. Amended and advanced by the House Transportation Committee in a 9-7 vote taken April 16. (Barrow, Badon)

Note: HB 695 calls for primary enforcement while HB 787 proposes secondary enforcement.

* Louisiana’s legislative site does not accommodate direct access to bill status, history, etc. To determine status of cell phone and texting legislation, use the general search page.

Distracted driving notes (2012):
Rep. Regina Barrow, D-Baton Rouge, knows a thing or two about the dangers of cell phone use by drivers. She and her children were rear-ended by a woman who admitted she was on the phone at the time and didn’t see the red light.

Rep. Austin Badon’s House Bill 695, as filed, calls for a complete ban on cell phone use by drivers. “That’s not really going to pass (as a total cell phone ban) and it’s going to have a difficult time,” he said. Badon, D-New Orleans, had planned the amend the measure to allow for hands-free, but HB 787 — a bill he co-sponsored — advanced instead.

Badon filed cell phone-related bills every year since 2009. They all sought primary enforcement.

Louisiana State Police Troop L reported four fatalities in a trio of crashes linked to driver distraction in a period of four days in January.

Cell phone use was linked to 2,226 crashes in Louisiana in 2011. Other electronic devices (such as GPS) contributed to another 562. Five of those crashes resulted in fatalities, state figures show.

2011 distracted driving notes:
Louisiana traffic accident figures for 2011 show that electronic distracted driving played a role in 2,788 crashes, five of which resulted in fatalities.

In 2011, the House shot down HB 338, which would have prohibited all drivers in Louisiana from using handheld cell phones while driving. It called for primary enforcement. The June 10, 2011, roll call vote was 55-33 against enactment of the plan from Rep. Charmaine Marchand Stiaes, D-New Orleans.

A similar measure, HB 337, was rejected by the House Transportation Committee on May 17, 2011. It called for secondary enforcement of its proposed ban on handheld cell phones.

The News-Star puzzled over the Legislature’s unwillingness to adopt a handheld cell phone law for drivers, noting on June 11 that the state “already has outlawed texting while driving, so lawmakers obviously recognize a danger exists with distracted drivers.” The Monroe newspaper’s editorial board went on to remind voters that lawmakers “cited their own (phoning and driving) practices as their excuse for defeating the legislation. One lawmaker even tried to exempt legislators from the proposed law.”

HB 387 seeks to allow the use of split-screen in-dash monitors, found in a few vehicles such as those in the Mercedes S-Class (SplitView). These dashboard screens allow front passengers to watch movies or television while the driver sees only navigational elements. The federal Department of Transportation has yet to take a stand on the new wave of vehicle entertainment systems such as those that access the Internet.

2011 distracted driving legislation (dead):
Louisiana House Bill 337: Requires drivers using cell phones or other electronic communications devices to employ a hands-free device and apply a “high degree of caution.” Secondary enforcement. Fines: $100 (first offense) then $150 (second)/$200/$250. Rejected by the House Transportation Committee in a 5-8 vote taken May 17. (Badon)

HB 338: Would prohibit operators of motor vehicles from using handheld wireless telecommunication devices such as cell phones. Includes PCs. Primary offense. Fine: $125 plus costs. Rejected by the House in a 55-33 vote taken June 10. Dead. (Stiaes)

HB 387: Would strike and replace state law against having a video screen in a vehicle unless it’s located behind the driver’s seat. Bill’s intent is to to authorize use of split-view screens in which passengers can view entertainment such as TV broadcasts, but the driver cannot. The new law would prohibit use of any TV/video screen that can be seen by driver while vehicle is in motion. Installers not allowed to install entertainment screens that are visible to driver. (Burrell)

2010 legislation:
Louisiana Senate Bill 9: Upgrades the existing law prohibiting text messaging to primary enforcement status, meaning law officers can stop and cite violators solely for that offense. Also applies to ban on use of wireless telecommunications devices by youngest drivers. Fines would remain at $175 (first offense) and then up to $500. Insurance company notification of offenses. (Louisiana Act 203)

SB 9 was advanced to the full Senate by the transportation committee on April 15 and approved by the Senate on April 21 in a 22-9 vote. Approved by the House (with minor changes) in a 69-22 vote on June 2. Back to the Senate for final sign-off, which came June 7 in a 32-0 vote. Latest action: Signed into law by Gov. Bobby Jindal on June 17; goes into effect Sunday, Aug. 15. (Gautreaux)

House Bill 863: Prohibits texting and handheld cell phone use for all drivers. Does not include hands-free operation of mobile phones and use of two-way radios. Primary offense. Fine of $125 plus court costs. Originally a separate distracted driving law for commercial vehicle operators, but amended to include all drivers with sponsors’ backing. Approved by the House Transportation Committee on April 27 (a 12-2 vote) and sent to the full House. Failed to advance in the House after two votes. Dead as of May 17. (Stiaes, Leger)

HB 1235: Would outlaw use of handheld cell phones and other electronic communications devices for all drivers. Primary enforcement. Fines $100 (first offense)/$150/$200/$250. Approved by the House Transportation Committee on April 27 (a 12-2 vote) and sent to the full House. (Badon)

HB 134: Would establish that in liability cases, drivers using handheld electronic devices would be assumed to be at fault for any accident — “prima facie.” No activity since late March. (Abramson)

2010 legislation notes:
HB 863 started life as a ban on handheld cell phone use by commercial truck drivers, but it was amended in committee to apply to all drivers. State Rep. Jack Montoucet, D-Crowley, wrote the amendment: “It is getting worse and worse day by day,” he said of drivers using cell phones.

The Louisiana Highway Safety Commission reports that cell phone-related fatalities were up to 16 in 2009, and probably underreported. In 2005, the number was six. The Commission later reported that 52 traffic fatalities were blamed on cell phone use between 2005 and 2009.

A 2009 attitudinal survey of Louisiana drivers conducted for the commission and the Department of Transportation found 81.9 percent of respondents considered it dangerous to use a cell phone while driving.

The Louisiana Department of Transportation and Development is testing technology that reroutes incoming phone calls and text messages when a handheld device is in a vehicle in motion. The pilot program is using DOT vehicles.

SB 9 sponsor Sen. Butch Gautreaux, D-Morgan City, said he proposed the stiffening of texting fines after following a driver he assumed to be drunk. The driver was texting, he told a transportation committee hearing on April 9.

2009 legislation:
Louisiana House Bill 146: Seeks to ban use of cell phones while driving on Louisiana’s roads unless a hands-free device is employed. Also would prohibit text messaging and emailing via various devices. The handheld cell phone ban was approved by the House Transportation Committee on May 18, 2009, and sent to the House floor for a full debate. It was approved by the House on May 27, but with an amendment that watered down the plan by making violations a secondary offense. Sent to the Senate where the handheld cell phone legislationwas “voluntarily deferred” by the frustrated sponsor, Rep. Austin Badon of New Orleans. Badon missed a key hearing, saying he was delayed in traffic, but it appears the bill was doomed anyway.

Legislation notes:
Rep. Austin Badon fought a House amendment to his HB 146 that reduced violations to a secondary offense, meaning police would need another reason for pulling over drivers. “We don’t need to water this down,” Badon told fellow representatives. The amendment was approved on a 56-40 vote and HB 146 then passed on a 57-41.

Badon missed the June 9 committee hearing on his HB 146 because he was stuck in traffic, reports said. The representative said it didn’t matter — he withdrew the handheld cell phone legislation from consideration after a hostile reception the week before in the Senate Transportation committee.

Badon tried again with HB 146 after his previous hands-free bill was approved in the House but died in the full Senate. Badon’s 2009 cell phone legislation calls for fines of $100 for a first-time violation, $150 for a second, $200 for a third and $250 for all others. Enforcement would have begin Jan. 1, 2010. He plans to renew the fight in 2010.

Badon makes an interesting point about the advantages of keeping cell phones out of drivers’ hands: “The sight of someone holding a phone while driving erratically also can anger other drivers, creating even more danger in traffic.”

The 2009 legislative session in Louisiana began April 27 and ended June 25, later than in most states.

The texting prohibition and the cell phone restrictions on young drivers took effect Aug. 15, 2008. The sponsor was Sen. Julie Quinn, R-Metairie.

The state Highway Safety Commission reports that cell phones were a factor in 2,187 accidents during 2008, including 10 fatalities.

HB 402, passed by the House and Senate in May 2008, prohibits school bus drivers from using cell phones. The law was inspired by a citizen complaint about a chatty driver

“We want our school bus drivers, who have precious commodities, our children, to focus on driving,” said Sen. Dale Erdey, R-Livingston.

California state Sen. Joe Simitian, who wrote the famous California hands-free laws, said he consulted with a legislator in Louisiana about similar bills.

Ohio: Cell phone laws, legislation

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

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

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

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

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

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

Current prohibitions:

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

Ohio distracted driving legislation (2011-2012):
House Bill 99: Would prohibit the driver of a motor vehicle from texting on an electronic wireless communications device. Primary enforcement. Includes streetcars and trolleys. Fines up to $150. Provides for six-month warning period. Approved by the House Transportation, Public Safety & Homeland Security Committee in a unanimous vote taken March 30, 2011. Approved by the full House in an 88-10 vote taken June 28, 2011. Amended and approved by the Senate Highways and Transportation Committee on May 2, 2012. Approved by the full Senate on May 3 and returned to the House (detail below). Latest legislative action: The House gave final approval on May 15 and sent the measure to the governor, who has indicated he’ll sign it. (Damschroder, Garland)

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

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

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

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

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

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

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

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

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

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

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

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

Louisville, Ohio, lawmakers went back and forth on a plan for a text messaging ordinance before rejecting it. “I feel that if more local government bodies pass ordinances to prohibit this dangerous behavior, the legislators in Columbus will take notice and create a statewide law,” said council member Guy Guidone (see his reader comment below). The bill was approved in a 3-2 vote Dec. 19 but defeated on second reading (4-1).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

City/county legislation and laws:
Cleveland banned texting & driving in city limits in 2009. Fines range from $150-$500.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

South Carolina: Cell phone laws, legislation

Cell phone, texting news: The state’s full House has overwhelmingly approved a watered-down version of Rep. Don Bowen’s 2012 bill that would ban text messaging while driving in South Carolina. The measure is now before the Senate’s Judiciary Committee.

“We’ve got some significant opposition” to the texting bill, a senator who supports the plan said in late March.

Bowen’s plan was heavily amended to remove its most severe penalties, such as points and an assumption of negligence, although the maximum fine was raised by $50 to $150. Bowen, R-Anderson, has pushed for heavy fines and possible imprisonment for drivers who cause injuries and/or deaths while texting.

The second regular session of the 119th South Carolina General Assembly runs through June 7, 2012.

Walhalla outlawed texting and use of handheld cell phones by drivers, effective March 2012.

Current prohibitions:

• No limits on cell phone use or text messaging.
• Local distracted driving bans in Camden, Columbia, Walhalla, Clemson, Sumter and West Union.

2012 distracted driving notes:
Walhalla has adopted a ban on texting and handheld cell phone use by drivers, joining the cities of Columbia and West Union in prohibiting the practice. The City Council approved the ordinance March 20. Fine: $100 plus court costs. Primary enforcement, and police are able to view drivers’ cell phones to determine if a violation occurred.

Distracted driving legislation (filed for 2012):
House Bill 4451: Would outlaw text messaging while driving. Fines up to $150 (original bill was $100) with no points or insurance reporting (original bill assessed 2 points against driver’s license). No negligence assumed nor extra penalties for texting and causing an accident. (Original bill provided for for felonies: If serious injury occurs as a result of texting, fines up to $5,000 plus possible imprisonment. If death occurs, up to $10,000 plus imprisonment.) Exempts voice-operated texting. Police cannot search electronic devices for evidence. No tickets to be issued at police checkpoints unless another violation occurs. Approved by the Education and Public Works subcommittee on Feb. 9. Heavily amended and approved by the House in a second-reading vote of 93-15 on March 7. Latest legislative action: Approved by the House on March 8 and sent to the Senate. In the Judiciary Committee. (Bowen)

• Read the March 7 amended version of HB 4451 (original text linked above).

2011-2012 distracted driving legislation:
HB 3115: Seeks to outlaw text messaging and use of electronic reading devices by drivers. Fines from $200 to $2,500 with the possibility of imprisonment. Graduated penalties also include points and license suspensions. Causing injury or death could bring prison terms of up to 20 years. (Gilliard)

HB 3119: Would prohibit text messaging while driving — reading, writing, sending. Fines of $25. For school bus drivers, first offense fine $250 plus loss of bus-driver certification for a year. For subsequent violations (or cases of severe injury or death), $500 plus permanent loss of certification. (McEachern)

HB 3160: Would outlaw use of handheld electronics devices while driving. Fine of $125 plus two points against license. (Sellers)

HB 3542: Seeks to ban use of handheld electronic communications devices while driving, including cell phones. Hands free OK. Fines up to $500 with possible jail time. (Hart)

Senate Bill 225: Would outlaw text messaging while operating a motor vehicle that is in motion. Penalties (as amended on March 24): $20 fine and a $25 “trauma” surcharge. Second offense, $25 plus $25 and two points against driver’s license. For a third offense, $75 plus $25 and four points against license. Amendment by Judiciary Committee allows first-time violators to take a driver’s education course and then pay only a $10 fee. Approved by the Judiciary Committee on March 3. Latest legislative action: Amended by Senate on March 24 to change penalties. (Knotts)

SB 59: Would prohibit driving carelessly as a result of being distracted. Does not ban text messaging or cell phone use. Behaviors possibly leading to “driving carelessly” include grooming, interacting with passengers or pets, use of computer, using a mobile phone or communications device. $50 fine, no points. Referred to a Judiciary subcommittee on March 7. (L. Martin)

SB 1091: Would allow municipalities to require hands-free devices for those using wireless communications devices while driving. (Jackson)

2011 distracted driving notes:
The state capital city of Columbia gave final approval to a ban on texting while driving on March 29, 2011. Fine: $100 (about $237 out of pocket).

The original Senate Bill 225 called for points against the driver’s license on all convictions. As amended March 24, the bill uses a tiered penalty scheme, with no points for the first violation, two for the second violation (within five years) and four for the third and subsequent offenses.

Sen. Rankin, R-Horry County, predicts some kind of handheld cell phone law in 2011: “Perhaps not exactly the way I want it, but there’ll be some statewide statement precluding the unfettered use of a cell phone.” His failed SB 954 of 2009-2010 would have required hands-free attachments for drivers wanting to use their cell phones. Teens drivers would have been prohibited from using any wireless telecommunication device.

Sen. Larry Martin, R-Pickens, says that while his SB 19 wouldn’t outlaw specific behaviors, “it would encourage folks to not engage in activity such as texting (or) talking on a cell phone in a distracted manner.” Or kissing.

The city of Columbia has become the biggest city in South Carolina to adopt its own texting ban. The ban was approved by the City Council in a first reading March 3 and again on March 29. Fine: $100 (up to $237 with fees). Police are onboard: “The distractions are so apparent, almost to the event of being a DUI,” Chief Randy Scott said in late March. When people are texting, “it’s very noticeable.”

South Carolina’s largest newspaper, the State, editorialized on March 9: “Should the Legislature fail to act, it only makes sense for other local governments to join Columbia and others in banning texting while driving. … There’s no reasonable or acceptable excuse for lawmakers to allow people to continue to send and read texts while they’re driving.”

Distracted drivers caused 17 deaths in South Carolina during 2009, according to the state Department of Public Safety.

Clemson Mayor Larry Abernathy says he’s happy the city banned text messaging in 2010. “If we waited for the General Assembly to make things safer for the citizens of Clemson, we’d be waiting a long, long time,” Abernathy told the State web site. Camden’s mayor also sang the praises of the texting ban enacted there last year.

2009-2010 legislation (all dead):
South Carolina House Bill 4282: Would prohibit texting and use of hand-held phones on South Carolina roads and highways. Fine of $25, no points. The House approved the bill (91-18 vote, March 11) and sent it to the Senate, where it died in committee. (D.C. Smith)

South Carolina Senate Bill 642: Would prohibit texting and use of hand-held phones while driving. For drivers under the age of 18, would outlaw use of cell phones or other wireless communications devices. Approved by the Senate Judiciary Committee on Feb. 16. “Debate was interrupted by adjournment” (T. Alexander)

SB 954: Would ban drivers over the age of 18 from using cellular phones or wireless devices without a hands-free device. Drivers under 18 would be prohibited from using cellular phones or wireless devices entirely. Calls for secondary enforcement. Died in the Senate Transportation Committee. (Rankin)

HB 4259: Would outlaw text messaging while driving on South Carolina’s roads. Provides for fines from $250-$2,500, imprisonment from 30 days to 20 years (in case of death) and 2-4 points against the driver’s license. Never considered. (J.E. Smith)

HB 4206: Provides for introduction of cell phones as evidence in civil cases resulting from accidents that were allegedly caused by drivers who were cell phoning or text messaging. Never considered. (G.R. Smith)

SB 970: Would prohibit sending or reading of text messages while driving. Calls for secondary enforcement, meaning officers would need another reason to stop violators. Fines of $25. Never considered. (Bryant)

HB 4189: Would outlaw text messaging while driving. Also bans reading of print materials. Provides fines of up to $10,000 (for third violations), plus possible prison terms and license suspensions. For causing a death while text messaging, a prison term of up to 25 years is proposed. Law officers may seize and review drivers’ cell phones for evidence of texting. Never considered. (Bowen)

HB 4190: Would ban use of handheld communications devices while operating a motor vehicle on South Carolina roads. Calls for fines of $125 and assessment of 2 points against the driving record. Never considered. (Sellers)

SB 991: Would ban text messaging by all drivers. Never considered. (Rose)

2010 legislation notes:
HB 4282, which sailed through the House, was amended to lower its fine to $25. The original measure called for $100 fines and 2 points on violators’ drivers licenses.

Rep. Don Bowen, R-Anderson, is the sponsor of South Carolina House Bill 4189, which could be the strictest text messaging legislation seen to date. The provision that allows law officers to seize cell phones and examine them on the spot is sure to attract civil liberties resistance. Prison terms for distracted driving are rarely included in similar legislation, but each instance of texting while driving brings the possibility of incarceration under Bowen’s text messaging proposals.

Clemson’s ban on text messaging and driving went into effect June 1. Clemson’s City Council voted unanimously for the law on Feb. 15 after initial approval on Feb. 1. Fine is $100 plus court costs. Clemson’s mayor originally wanted a ban on hands-free cell phone use as well as text messaging. This was the first city in South Carolina to ban texting while behind the wheel.

Camden’s ban on texting while driving is now in effect, with tickets costing as much as $250. The ordinance was approved March 23.

Charleston’s mayor pushed for an ordinance that would ban texting in city limits.

Mount Pleasant decided to retreat on a plan for a ban on texting and driving, with the Town Council returning the measure to the judicial committee on April 13. The move came after a public hearing in which three of five residents opposed the ban.

South Carolina’s Department of Transportation and Department of Public Safety have banned text messaging while on the job. The move affects about 6,500 staffers.

2008-2009 legislation (expired or defeated)

HB 4501 and SB 1133 (identical): Prohibits drivers from using cell phones unless hands-free devices are employed. Includes PDAs, pagers and “another wireless communication device.”

SB 402: Would allow municipalities to limit drivers’ cell phone use to hands-free operation.

Legislation notes (2008-2009):

The state House on April 30, 2008, sent back to committee a bill by Rep. Lanny Littlejohn, R-Spartanburg, that would have prohibited teens with restricted licenses from using cell phones or texting while driving.

“The House just isn’t ready for this kind of legislation,” Littlejohn told the Island Packet. “I think, subconsciously, they’re afraid that the bill would eventually lead to cell phones being banned outright for all drivers.”

The debate touched on hand held phones vs. hands-free devices: “It’s illegal to put a phone up to their ear, but it’s perfectly legal for them to go down the road with a Bluetooth in their ear?” asked Rep. Mick Mulvaney, R-Indian Land.

In September ’08, the Beaufort City Council was in the process of adopting a ban on use of cell phones by drivers unless they use a handheld device. The council acted because of a lack of statewide action. The ordinance would be enforced if the driver has been in an accident or has been pulled over for another offense.

Maryland: Cell phone laws, legislation

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

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

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

Current prohibitions:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Alaska: Cell phone laws, legislation

Cell phone/text messaging update: Bipartisan legislation that removes any doubt that texting and driving is illegal in Alaska was approved in the final days of the legislative session. State Reps. Les Gara and Bill Thomas’ HB 255 cleared the House and Senate in mid-April and is on the governor’s desk.

The ambiguous wording of Alaska’s 2008 prohibition on texting & driving came back to haunt legislators when a judge ruled that the state needed to be more precise with the distracted driving law. The magistrate noted correctly that its wording never actually refers to “text messaging.” (Read the Alaska texting law story.)

House Bill 255′s full title is “An Act prohibiting the driver of a motor vehicle from reading or typing a text message or other nonvoice message or communication on a cellular telephone, computer, or personal data assistant while driving a motor vehicle.”

At least four bills related to driving while using handheld cell phones in Alaska were up for consideration in the 2011-2012 legislative season, but none found success. A teen cell phone law barely got through committee.

Current prohibitions:

• Drivers are prohibited from text-messaging or watching videos.

2011-2012 legislation:
HB 255: Would prohibit all drivers from reading or typing a text message. Legislation comes in response to court rulings against existing law, whose wording does not specify text messaging as a prohibited activity for drivers. Amended to allow emergency personnel to view authorized wireless screen devices while driving, but in connection with a health, safety or criminal matter. Unanimously approved by the Transportation Committee on Jan. 27. Amended (added “takes effect immediately”) and approved by the Judiciary Committee in a 4-1 vote Feb. 13 and then by the House in a 34-5 vote April 10. Approved unanimously by the Senate Judiciary Committee on April 13 and then by the full Senate in a 19-1 vote April 15. To the governor. (Gara, Thomas)

House Bill 128: Would prohibit all cell phone use by drivers under the age of 18. Secondary enforcement. Amended (added July 1 effective date) and narrowly approved by the House Transportation Committee on March 1, 2012. Approved by a divided Judiciary Committee (3-3) on March 15. To the full House. Dead. (Gardner)

HB 22: Would ban handheld cell phone use by drivers in Alaska. Hands-free operation OK. Primary enforcement, meaning law officers do not need another reason to halt drivers. Cleared the House Transportation Committee on March 8, 2011. Dead. (Muñoz)

HB 35: Seeks to outlaw drivers’ use of cell phones regardless of whether a hands-free attachment was employed. Only exception is for emergencies. Primary enforcement. No activity in over a year. Dead. (Doogan)

HB 68: Would bar drivers from using handheld cell phones in Alaska. Sponsor says he won’t push for this bill and instead backs HB 22, above. No activity in over a year. Dead. (Gruenberg)

2011-2012 legislation notes:
Rep. Mike Hawker cast a key vote in favor of the teen cell phone ban in the Judiciary Committee, even though he opposes it on libertarian grounds. “I represent my constituents, and I respect the counsel they’ve given me (in favor of the bill),” Hawker said. The bill died later in the session, however.

Rep. Berta Gardner, D-Achorage, said her teen cell phone ban HB 128 might pass because of the number of distracted driving accidents involving young drivers: “I think we can build a consensus about cellphones with minors. … This isn’t a tough one to support.” In committee, Gardner fended off suggestions that its secondary enforcement status be upgraded by saying police would pull over too many adults legally using cell phones because officers have difficulty determining the age of drivers.

Anchorage’s chief of police says he’s “the poster child” for distracted driving after he hit another vehicle from behind while fooling with his cell phone. The fender bender occurred at a light as it changed from red to green. No ticket resulted, but the city manager reportedly reprimanded top cop Mark Mew.

HB 35 sponsor Rep. Mike Doogan said: “This type of bill (cell phone) is going to be a tough bill to get passed in any form. People are just reluctant to pass legislation that actually affects real people on the ground. He was right. No distracted driving legislation advanced.

Doogan, D-Anchorage, told the Juneau Empire that the handheld cell phone legislation HB 22 from Rep. Cathy Muñoz, R-Juneau, had a better chance of passage than his measure because she is in the majority party. Rep. Max Gruenberg, D-Anchorage, agrees and says he won’t pursue his own HN 68 in favor of the Muñoz plan.

A Department Of Public Safety rep says only a few citations have been written under the Alaska law that bans text messaging.

2010 legislation notes:
Alaska’s 2010 legislative session concluded April 18 without taking action on the proposed cell phone law.

The head of the House Judiciary Committee sought to water down Rep. Mike Doogan’s HB 257, the cell phone legislation. Rep. Jay Ramras, R-Fairbanks, told the Anchorage Daily News that in order to clear his panel, the bill authored by Doogan, D-Anchorage, would have to change its goal from primary enforcement to secondary enforcement. “I don’t think law enforcement needs more reasons to pull people over,” Ramras said. (Primary enforcement means an officer can stop a motorist for that violation alone.)

Rep. Berta Gardner, D-Anchorage, says of her HB 15: “For all intents and purposes, the bill is dead.” The measure has been stuck in the House Finance Committee for almost a year.

2010 legislation (dead):
Alaska House Bill 257: Would outlaw all uses of cellular phones while driving. Does not permit cell phone use if a hands-free device is attached. Primary enforcement. Fines up to $300 plus points. Stalled out in Judiciary Committee. (Doogan)

HB 15 (from 2009): Would prohibit the use of cell phones by drivers under the age of 18. Secondary enforcement. Fines up to $300. Filed in 2009. As of February 2010, the bill was technically alive but not scheduled for a hearing. Did not emerge from the Finance Committee, where it apparently died. (Gardner)

2009 legislation:
See HB 15, above.

2009 legislation notes:
Alaska’s fiercely individualistic nature could make cell-phone driving laws a long shot. Even State Rep. Max Gruenberg, co-author of texting/video legislation, says he doesn’t think Alaska is ready for a hands-free law.

The proposed cell phone ban on teenagers would be a secondary offense, meaning law officers would need another reason to pull over drivers under 18 using cell phones. The sponsors are Reps. Berta Gardner and Chris Tuck, both D-Anchorage.

Alaska’s texting law took effect Sept. 1, 2008. Its prohibitions include drivers’ use of televisions, monitors and portable computers, as well as installation of video screens within the sight of the driver. Six months later, State Troopers reported that only three motorists had been cited for the offense of text messaging while driving in Alaska. The law agency was investing in an ad campaign to warn of the dangers of texting while behind the wheel.

The texting/portable video law was inspired by a 2002 crash in which an Anchorage couple died. A man was accused of watching the movie “Road Trip” when he hit the couple, but he was acquitted of second-degree murder charges.

Anchorage activist Jennie Morris’ next project could be cell phone use while driving, inspired by an accident in which she was hit by a 19-year-old on a cell phone.

“The question is whether any state or local lawmakers would want to champion that potentially unpopular cause,” a post on the Anchorage Daily News site noted.

Based on reader comments, though, it looks like the Alaska cell-phone debate has begun.

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