Virginia: Cell phone laws, legislation

Cell phone, text messaging news: All distracted driving legislation before the 2010 General Assembly session failed to become law. Several sought to upgrade the current text messaging law to “primary enforcement” status, meaning law officers need no other reason to halt and cite drivers. Several bills planned to add a ban on handheld cell phones to the texting law, enacted last summer.

Virginia’s 2011 legislative session begins Jan. 11.

Current prohibitions:
All drivers are banned from text messaging.

Drivers under the age of 18 are prohibited from using cell phones or text messaging.

School bus drivers are prohibited from using cell phones or text messaging

2010 legislation (dead)
Virginia Senate Bill 517: Adds use of handheld cell phones to existing texting law and upgrades enforcement to primary status. Fines from $100 to $200. Approved by the Senate on Feb. 2 but tabled by the House subcommittee on Militia, Police and Public Safety on Feb. 24. Bill dead for the year. (Norment)

Virginia House Bill 22: Would outlaw the use of any handheld personal communications device while operating a motor vehicle, bicycle, moped, etc. Fines from $20-$50. This legislation would make text messaging and related activities a primary offense, meaning law officers could pull over a driver for that reason alone (current law calls for secondary enforcement). Assigned to public safety committee, where it was “left on the table” as of Feb. 16. (Howell)

HB 58: Would add use of handheld cell phones to current law prohibiting text message. Drivers would be prohibited from using mobile phones unless a hands-free device is employed. Fines from $20-$50. Secondary enforcement. Assigned to public safety committee, where it was “left on the table” as of Feb. 16. (Dance)

HB 212: Would remove current text messaging law from secondary enforcement status. Assigned to public safety committee, where it was “left on the table” as of Feb. 16. (Bulova)

HB 221: Would make drivers using handheld cell phones guilty of careless driving if they commit another offense at the time. “Left on the table” in public safety committee on Feb. 16. (Watts)

HB 783: Would extend current text messaging law to include use of handheld cell phones. Retains secondary enforcement. If accident results, violation would be a Class 3 misdemeanor. “Left on the table” in public safety committee on Feb. 16. (LeMunyon)

Virginia Senate Bill 10: Would extend current sanctions on drivers’ use of wireless devices to include handheld cell phones. Secondary enforcement would remain. Incorporated into SB 517 (above). (Blevins)

SB 574: Would extend ban on on drivers’ use of wireless devices to include handheld cell phones. Retains secondary enforcement. Incorporated into SB 517 (above). (Ticer)

Virginia cell phone, texting legislation notes:
The House Committee on Militia, Police and Public Safety effectively killed all distracted driving legislation proposed for the 2010 session. The transportation committee spent most of its time on license plate issues.

Del. David Bulova, D-Fairfax, who introduced HB 212, says this about distracted driving enforcement: “It really does send mixed signals about whether we’re serious about enforcing this if you make it a secondary offense.” The current text messaging law “does hamstring our police officers.”

HB 58, SB 10 and a few other bills are identical. They change the wording in the current law from “handheld communications device” to “wireless telecommunications device,” basically adding cell phones to the texting law. Both would continue the secondary enforcement status of the law, meaning police could not stop or arrest motorists unless another violation was suspected.

2009 legislation:

HB 1876: Prohibits text messaging while operating a motor vehicle. Took effect July 1. Approved by the House and Senate and signed into law by Gov. Tim Kaine on March 30.

SB 1227: Would ban drivers with provisional licenses from talking or texting on cell phones, regardless of whether a hands-free device is employed. Makes violations a primary offense. Tabled by a House subcommitee on Feb. 19 after being approved by the full Senate on Feb. 9.

SB 874 — Would require that drivers use hands-free accessories when making cell phone calls. Passed by the Senate Transportation Committee on Jan. 22, 2009, in amended form, but then defeated in the Courts of Justice on a tight vote. Incorporated SB 996.

HB 1615 — Delegate Algie Howell, D-Norfolk, has prefiled legislation to the 2009 General Assembly that would ban text messaging while driving. The ban would extend to bicycles and mopeds. Incorporated into HB 1876, above.

HB 1659 — Would prohibit use of wireless telecommunications devices while operating a motor vehicle, including bicycles and mopeds, whether handheld or not. Also from Howell. Died in committee on Feb. 10.

HB 1955: Would outlaw motorists’ use of handheld phones. Tabled in committee.

HB 1769: Drivers would be banned from using cell phones unless a hands-free device is employed. Tabled in committee.

Pre-2010 Virginia cell phone, texting legislation notes:
Delegate John Cosgrove, R-Chesapeake, is the author of the text messaging legislation HB 1876. Fines for those who drive and text will be $20 and then $50 for subsequent offenses. It assumes negligence on the part of violators if an accident occurs.

A spokesman for AAA told the Examiner that the secondary status of the new texting law — meaning police would have to have another, primary reason for pulling over drivers — makes it “tantamount to telling people you can do it.” Still, he called it a “moral victory.”

Sen. Patricia Ticer, D-Alexandria, saw her cell phone legislation clear committee on a 9-6 vote before losing in the Courts of Justice on a 7-6 vote. Ticer’s bill was combined with SB 966 from Sen. Harry B. Blevins, R-Chesapeake.

Delegate Bobby Mathieson, D-Virginia Beach, a veteran of the cell phone wars, saw his HB 1955 die in committee on Feb. 10, 2009. His past efforts included HB 904.

The 2009 Regular Session convened Jan. 14, 2009. The short session ends the next month.

The younger-driver prohibitions went into effect in 2007. The prohibitions on school bus drivers became effective July 1, 2008.

“I believe this is a common-sense restriction on those new drivers who may be tempted to pay more attention to phone calls and text messages than the road, endangering themselves and other drivers,” Gov. Tim Kaine said of the 2007 law.

Virginia’s school bus cell phone/ texting law results in a primary offense; the teen driver law is a secondary offense.

The local AAA backed the 2007 legislation; some conservatives opposed the teen driving plan, saying parents should make the rules for their kids.

Wyoming: Cell phone laws, legislation

Distracted driving update: A law that outlaws text messaging for all drivers in Wyoming goes into effect in July 2010. Gov. Dave Freudenthal signed the texting ban into law on March 11. Wyoming became the 20th state to ban use of handheld text messaging devices while driving.

Current prohibitions:
None

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

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

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

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

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

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

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

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

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

2009 legislative notes:

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

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

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

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

Cell phone safety: Bet you didn’t know …

Cell phone safety would seem largely a matter of common sense. Pay attention, watch the road and you’ll arrive safely.

But researchers who have been studying cell phone-related accidents since the 1990s say there are some surprising ways in which wireless phones endanger drivers, passengers and pedestrians.

For example, the simple act of talking on a cell phone actually decreases the quality of visual information received and processed by the brain. Talk more and you see less!

State legislators are increasingly mandating hands-free cell phone use for drivers. Hands-free devices such as Bluetooth headphones can prevent accidents and save lives, but motorists need to be aware of how these hands-free accessories change the dynamics of driving and talking.

Handsfreeinfo.com, the distracted driving web site, has rounded up some key cell phone safety tips provided by traffic researchers and public safety groups. Here are 15 of the best:

Keep calls short: Drivers increasingly lose focus during lengthy cell phone calls, research shows. If you must use the mobile and the conversation lasts more than 5 minutes, hang up and call back once you’ve parked.

Get to know your phone: Fumbling through a cell phone’s menus while on the road can be extremely dangerous. Practice speed-dialing, redialing and routing calls to voice mail.

Compensate: Some studies equate cell phone driving with drunken driving. Others cite “instant aging” — that a 20-year-old’s reaction times are reduced to those of a 70-year-old’s. A University of Utah study found that when 18- to 25-year-olds were placed in a driving simulator and talked on a cellular phone, they reacted to brake lights from a car in front of them as slowly as 65- to 74-year-olds who were not using a cell phone. These are controversial findings, but everyone agrees that cell phone use impairs driving ability. Be aware that you’re not operating the motor vehicle at 100% of your ability. Compensate with extra caution.

Don’t look at caller ID: Most cell phones can be programmed to provide different ring tones for the people in your directory, such as family and friends.

Two things at a time: Many accidents are caused when cell-phoning drivers attempt to do other things — plugging in a power chord, fumbling for a pen, reading directions. Don’t compound the cell phone safety challenges.

Dial while stopped: If you must dial when the vehicle is in motion, hold the phone level with the windshield. Shift your eyes back and forth from the road to the cell phone. The National Highway Traffic Safety Administration says phone equipped with hands-free headsets and voice-activated dialing systems usually require more time to dial, increasing distractions.

Get an assist: Ask passengers to use their own mobile phones or to do the dialing on yours. Teach older children how to operate your cell phone and your GPS and navigation devices, if possible.

You’ve got voice mail: If a call comes in while you’re in an intersection, entering a freeway or engaged in similar activities, let voice mail answer the cell phone.

Curb your enthusiasm: Numerous studies link the emotional content of a conversation with the level of danger while driving. This also applies to complicated, frustrating or exciting topics. If you’re upset or confused, hang up or pull over in a safe spot.

That’s a stretch: Make sure the cell phone and any accessories such as a hands-free headset are close by while driving.

Just say no: Tom Magliozzi of the popular “Car Talk” radio show says, “For non-emergencies like saying hi — checking in — or making calls you could just as easily make from your home, your office or a parking lot — take our advice and drive now, talk later.” Studies suggest that cell phone users use 60% of their airtime while driving.

Now hear this: Wireless phones often switch from one transmitter station to another during a drive. This leads to varying levels of audio quality. If reception is poor, compensate for the distraction — or better yet, hang up and call back once parked.

Watch out: Researchers in Tokyo found that when attention is focused on listening, vision is affected. The brain can’t give full attention to the visual demands of driving and the audio demands of listening at the same time. Focus on watching the road.

Watch your speed: The Swedish National Road Administration reports that drivers wearing hands-free headsets drive faster than drivers who are holding cell phones. It’s also easy for your speed to creep up while you’re dialing.

Dial in shifts: If you must enter a phone number while driving, don’t do it all at once. Dial a few numbers, return your attention to the road, and then dial the other numbers.

The message: Most of the above applies to text messaging, an even more dangerous activity that’s outlawed for drivers in more than half of the U.S. states. It’s not just kids who are all thumbs: The portability of office-related data has made adults dedicated multitaskers (diverted drivers), text-messaging commuters trying to get a jump on the day’s tasks.

Nevada: Cell phone laws, legislation

Cell, texting news: The 76th regular session of the Nevada Legislature begins Feb. 7, 2010. There was no session in 2010.

Current prohibitions:
None.

2009 legislation:
SB 136: Would prohibit text messaging while driving on Nevada’s roads. OK’d by the full Senate vote on April 8, 2009, but died in committee in the Assembly. The wording was resurrected in the Senate on the final day of the legislative session and folded into an unrelated motorcycle bill, SB 309.

Legislation notes:
Distracted driving has been cited as the No. 1 cause of fatal traffic accidents in Nevada.

New state Sen. Shirley Breeden, D-Henderson, authored the 2009 texting bill. “I’m not going to give up the fight,” she said after SB 136 was smothered by an Assembly committee.

The text messaging legislation received strong support from law officers in an Assembly hearing on April 23. The fine would be $75 but no points.

“This legislation is not just for children,” she said. “It is for all of us.” Numerous states are banning texting and cell phoning for teenage drivers, and opposition has emerged to the bills because they do not cover adults. Young drivers complain that they are being singled out. Teenagers, by far, are the largest consumers of text messaging services.

The Nevada Senate’s Energy, Infrastructure and Transportation Committee amended and approved the anti-texting and driving bill SB 136 on March 27, 2009.

Breeden’s bill was first considered in the Senate Energy, Infrastructure and Transportation Committee on Feb. 18. The usual enforcement questions were raised. Committee chairman Sen. Mike Schneider, D-Las Vegas, said: “If California can pass (a texting bill) with 36 or 37 million people over there, somehow their law enforcement is working with this new law, so you know, we need to make the same statement.”

A spokesman for the state Office of Traffic Safety said it may not take a position on Breeden’s plan to outlaw text messaging by drivers, or on similar legislation to prohibit the use of cell phones not connected to hands-free devices.

The 2007 legislative session saw only one bill regarding drivers and cell phones: a plan to ban drivers under 18 from using the wireless devices.

Nevada’s regular legislative session began Feb. 2, 2009, and ended June 1.

Sen. Dennis Nolan, R-Las Vegas, the chairman of the Senate Transportation Committee, said of cell phone driving legislation: “Knowing our Legislature, it will have a tough time. Nevadans are independent and like their liberties.”

In 2003 Nevada prohibited local governments from regulating cell phones in automobiles.

Mississippi: Cell phone laws, legislation

Cell phone/texting news: All distracted driving legislation is dead for the 2010 session. The state Senate did approve legislation outlawing text messaging by all drivers but that plan was killed in a House committee.

A House-Senate compromise committee began work March 18 on the school bus safety legislation “Nathan’s Law,” with the Senate pushing for a cell phone ban in school zones. Senators accused the House of taking the teeth out of the bill. The stalemate was not resolved and the bill died in conference March 27.

A Mississippi text-messaging ban on drivers with restricted licenses became law in 2009.

Mississippi leads the nation in number of teenage driving fatalities, one study shows.

Current prohibitions:
Text messaging prohibited for drivers with an intermediate license, a temporary learning permit or a temporary driving permit. Fines up to $500; if accident results, $1,000.

2010 session legislation (all dead):
SB 2505: “Nathan’s Law” seeks to increase school bus safety. As approved by the Senate, included a ban on handheld cell phone use by those driving through in a school crossing zone as well as a ban on school bus drivers’ use of wireless communications devices. These two distracted-driving elements were removed in the House Judiciary A Committee before the bill’s approval by the full House on March 2. A compromise committee began work on the bill March 18, with senators arguing for the hands-free cell phone element. Died in conference March 27. (McDaniel)

SB 2595: Would outlaw text messaging for all drivers using Mississippi roads and highways. Drivers under the age of 18 would be banned from any cell phone use. Fines up to $500; up to $1,000 if accident results. Approved by Senate Judiciary Committee on Feb. 2 and then by the full Senate on Feb. 12. Sent to the House Transportation Committee. “Died in committee.” (Tollison)

HB 973: Would ban text messaging while operating a vehicle. Drivers must use hands-free devices in order to use a cell phone. Fines up to $100/$500 if an accident results. Approved by the House Transportation Committee on Feb. 2, 2010. Died in committee Feb. 11. (Broomfield)

Mississippi Senate Bill 2107: Would prohibit text messaging and use of handheld cell phones while driving on state roads and highways. Drivers under the age of 18 would be prohibited from all cell phone use, regardless of whether a hands-free accessory was employed. Fines up to $500 or $1,000 if an accident results from the violation. Also requires law officers to note cell phone use or texting while writing accident reports. Died in committee Feb. 2. (Hudson)

SB 2122: Same as SB 2107 (above). Dead as of Feb. 2. (Yancey)

SB 3051: Would have prohibited text messaging by all drivers. Handheld cell phone use by drivers over 18. All cell phone use by drivers under 18. Fines from $100 to $500, $1,000 if accident results. Dead as of Feb. 2. (Gollott)

2010 distracted driving notes:
Nathan’s Law was introduced by Sen. Chris McDaniel, R-Ellisville. After the House rejected his distracted-driving provisions on March 2, McDaniel held a news conference with supporters urging the bans be reinstated. Many of the supporters were wearing T-shirts of Nathan Key, the boy named in the bill who was killed while leaving a school bus. House committee chairman Ed Blackmon, D-Canton, said it would be too difficult for cell-phoning drivers to know that they were in a school zone. The bill died March 27.

Nathan’s Law stalemate: “There is absolutely no way we will agree with this watered down version,” Sen. Chris McDaniel, R-Ellisville, said March 24 as hopes for a compromise bill faded. He said Blackmon’s version in the House is “weaker than our current law” and seeks to remove jail terms from its penalties.

In Columbus, the city attorney is developing an ordinance that would ban text messaging in city limits. City councilmen asked to look at their options during a meeting July 20. “It’s a no-brainer,” said Councilman Joseph Mickens. “The No. 1 cause of accidents is texting while driving.”

2009 session legislation:
SB 2280 (signed into law): Will prohibit text messaging for drivers with learner’s permits or intermediate licenses. OK’d by House and Senate and signed by the governor on April 6. (Texting provisions are in an amendment.)

Violators of the text messaging law for inexperienced drivers will be fined up to $500 for each infraction and up to $1,000 if an accident occurs in connection with the texting.

Gov. Haley Barbour on why he signed the teen text messaging legislation: “Having an inexperienced driver take his or her attention from the road to send a text message is just an accident waiting to happen. Frankly, no one, regardless of their age or experience, should be texting and driving.”

Mississippi rates worst in the percentage of teenage driving fatalities, with a rate of 35 deaths per 100,000 population over the past decade, the National Highway Traffic Safety Administration reports.

SB 2280 almost died in the Senate, losing by one vote on March 24, but it then was reconsidered and approved the next day.

SB 2332: Would have prohibited text messaging and use of handheld cell phones while driving. (Also SB 2060.) Died in committee Feb. 3, 2009.

SB 3020: Would have banned text messaging while driving. Died in committee Feb. 3, 2009.

HB 672: Would have prohibited text messaging and use of handheld cell phones while driving. Died in committee Feb. 3, 2009.

SB 2097: Would have outlawed use of wireless communications devices by drivers with provisional licenses as well as motorcyclists under the age of 19. Died in committee Feb. 3, 2009.

Cell phone legislation notes (2009 and before):
The Senate’s proposed ban on texting by young drivers survived a House vote seeking to remove it from SB 2280 on March 10, 2009. The text messaging bill survived another close Senate vote later in the month, but was approved. Sen. Kelvin Butler, D-Magnolia, is the sponsor of SB 2280.

Violators of the texting ban proposed by SB 2280 could be fined up to $500 for each infraction and up to $1,000 if the young driver is involved in an accident while texting.

Senate backers of the teen-texting bill said there was not enough support for a full ban on text messaging by all drivers, but one is possible next year.

State Senate Pro Tempore Billy Hewes, R-Gulfport, stumped for the text messaging amendment to SB 2280: “This legislation is a good first step. It is our role as leaders to step in where there is an absence of policy. … Texting while driving is just too dangerous for anyone at any age.” The state Department of Public Safety backs the texting-while-driving bill, as does the cell phone carrier Cellular South.

SB 2105, which died in committee in 2008, would have prohibited use of wireless devices by drivers with temporary permits or intermediate licenses. And banned use of wireless devices by motorcycle operators under the age of 18.

A bill to prohibit use of cell phones by drivers with a learner permit or intermediate license died in committee in 2007 (HB 217)

Arkansas: Cell phone laws, legislation

Cell, text messaging update: “Paul’s Law,” which would outlaw text messaging by drivers, went into effect Oct. 1, 2009. Also becoming law were cell phone limits on young drivers. “We hope and pray it’s going to save lives in Arkansas,” said Rep. Ray Kidd, who sponsored the texting legislation.

Fines for violations of the text messaging ban go up to $100. Violations of the cell phone rules for young drivers go up to $50.

Current prohibitions:
All drivers prohibited from text messaging.

Drivers under 18 may not use cell phones, regardless of whether a hands-free accessory is employed.

Drivers 18-20 must use hands-free attachments while talking on cell phones.

School bus operators prohibited from using cell phones while driving.

2010 legislation
Arkansas’ 88th General Assembly convenes in 2011. A budget-revenue session began in February 2010 but no distracted driving plans are up for consideration.

2009 legislation:
HB 1013, from Rep. Ray Kidd, D-Jonesboro, bans text messaging by all drivers. Approved by the Senate and House, and signed into law by the governor (as Act 181).

SB 28, from Sen. Kim Hendren, R-Gravette, bans drivers under 18 years old from using cell phones. Drivers 18-21 may use cell phones with hands-free devices. Passed by the Senate and the House, and signed into law by the Arkansas governor (as Act 247).

HB 1119, from Rep. Allen Kerr, R-Little Rock, would prohibit wireless telephone use by drivers under the age of 18. Under the proposed law, drivers 18 to 20 years old must use hands-free accessories when making calls and cannot engage in “interactive communication” via electronic devices (text messaging and typing). Sent to the governor’s office on Feb. 18. The teenage driving bill was approved in the House, the Senate Transportation Committee, the full Arkansas Senate and signed into law by the governor (as Act 197)

SB 31, also from Sen. Hendren, would require drivers to use hands-free accessories while using cell phones. (Does not include texting.) To the full Senate.

Cell phone, text messaging legislation notes:
The number of tickets written under the new texting while driving ban appears to be relatively small, according to Arkansas media reports. Fayetteville reports 13 tickets from October 2009 to February 2010.

Arkansas police say that in 2008, at least 787 auto crashes involved drivers using electronic devices.

Rep. Kidd’s text-messaging legislation HB 1013 originally included a cell phone ban, but he revised it to make passage more likely. “Some law is better than no law,” Kidd told House members. It has been approved and sent to the governor.

HB 1013 is dubbed “Paul’s Law.” Kidd filed it at the request of a young woman whose father was killed by a text-messaging driver. Violations would be considered primary offenses with fines of $100.

Rep. Kerr’s limits on wireless communications by drivers under 21 were approved by the the House Public Transportation Committee and sent to the Senate Committee on Transportation, Technology and Legislative Affairs on Jan. 28, 2009.

Sen. Hendren’s hands-free cellular device legislation (SB 31) and ban on cell phone use by teenage drivers (SB 28) also cleared the Senate Committee on Transportation, Technology and Legislative Affairs.

The 2009 biennial state legislative session began Jan. 12.

Two bills by state Sen. Kim Hendren failed in the 2007 Arkansas legislative session. They would have required hands-free devices and prohibited teenage drivers from using cell phones.

Hendren has filed hands-free bills dating back to 2001. He has said he knows a woman whose son was killed by a driver using a cell phone.

Arkansas State Police started tracking cell phone roles in accidents in 2007.

North Dakota: Cell phone laws, legislation

Latest cell/texting news: The North Dakota Legislature is not in session in 2010. Legislation addressing distracted driving is being prepared for the 2011 session.

Current prohibitions:
No limits on cell phone use.

2010 distracted driving notes:
In Grand Forks, a plan to ban text messaging while driving has been put on hold, possibly in favor of a wider distracted driving law. The texting ban would have brought $30 fines. The legislation was returned to the city safety committee on Aug. 16.

In Bismark, a city commissioner is drafting an ordinance that would ban text messaging with primary enforcement and fines up to $50. Parrell Grossman is pushing for his law to take effect by fall 2010. He expects the state Legislature to tackle the texting and driving issue later, during the 2011 session.

2009 legislation:
HB 1208 — Rep. Lawrence Klemin, R-Bismarck, saw his legislation to ban text messaging for drivers defeated in the House on a 60-34 vote. The law would have included a fine of up to $100 fine and a 2-point license penalty for first offenders. Subsequent violations would have brought a 4-point penalty. The bill was modeled after Minnesota’s text-messaging law.

Legislation notes:
Insurance Commissioner Adam Hamm and Rep. Ed Gruchalla, D-Fargo, have proposed legislation that would outlaw cell phone use and text messaging by drivers who are 14 or 15 years old. North Dakota allows 14-year-olds to drive with provisional licenses.

An Associated Press poll of North Dakota legislators found a majority favored cell phone restrictions on young drivers.

“(Text messaging) seems to be the worst distraction a driver can engage in while using a cell phone,” Rep. Klemin said.

Klemin’s bill that would have banned cell phone use by minors was defeated during the 2007 session. He had lobbied to have the cell phone ban extended to all drivers unless they were using hands-free mobile phone devices.

New Mexico: Cell phone laws, legislation

Cell phone, text messaging legislation news: The New Mexico House approved a ban on handheld cell phone use and text messaging for drivers on Feb. 9, 2010. The governor is a strong supporter of distracted driving prohibitions.

Current prohibitions:
No statewide limits on cell phones except for their use by driving students and drivers of state vehicles.

Local ordinances restrict driving while cell phoning in Albuquerque, Gallup, Taos, Santa Fe, Las Cruces and Espanola.

2010 legislation:

HB 10: Would ban handheld cell phone use by drivers, text messaging and similar wireless communications. Hands-free operation OK. Train operators banned from all cell phone use. School bus operators cannot use cell phones except for official business. Fines for drivers $25. Approved by the House in a 35-30 vote on Feb. 9, 2010 and sent to the Senate Public Affairs Committee. (Lujan, Garcia)

SB 89: Would outlaw text messaging while driving in New Mexico. Fines $50 then $100. Approved by the Judiciary Committee on Feb. 8. (Fischmann) (Also SB 188 by Lovejoy)

2010 legislation notes:
Gov. Richardson has called distracted drivers “a menace to our streets.”

Richardson backed HB 10, which would ban use of handheld wireless communications devices for all drivers. “We’ve all seen drivers swerving around the road while talking on the phone and texting, putting the safety and lives of New Mexicans in danger,” Richardson said Dec. 15.

HB 10 sponsor Rep. Antonio Lujan, D-Las Cruces, has been working for distracted driving legislation for at least four years.

Violators under HB 10 would have been fined $250 in the original bill, but that was cut to $25 in committee.

2009 legislation:
HB 301 would prohibit text messaging while operating a motor vehicle. Approved by the New Mexico House on Feb. 26 and sent to the Senate.

SB 341: Would ban reading, writing and sending text messages while driving. (Appears identical to HB 301.) Approved by the Senate on March 5 and sent to the House.

2009 legislation notes:
Rep. Lujan introduced HB 301, which would outlaw text messaging while operating a motor vehicle. The bill was approved in the House on a 35-24 vote but did not advance in the Senate. It called for a $100 fine per violation, high for the state. “(Texting while behind the wheel) seems to be much more hazardous and becoming more and more prevalent,” Lujan said.

Sen. Lynda Lovejoy, D-Crownpoint, authored the Senate version of the text messaging legislation. “I have young adult children, and I have a whole slew of nieces and nephews, and when I travel with them it is very frightening when they use their text messaging,” she said. The bill was approved in the Senate on a 22-15 vote.

Local cell phone/texting laws:
Las Cruces’ ban on text messaging and use of handheld cell phones while driving went into effect Feb. 4, 2010. The City Council approved the plan Dec. 7.

Espanola‘s ban on drivers’ use of handheld cell phones is in effect as of July 1, 2009. Police chief Julian Gonzales had this advice for citizens: “Stay off the phone, quit texting, drive your vehicle, pull over if you have to.”

The Gallup city council voted Dec. 11, 2008, to punish distracted driving resulting from text messaging, cell phones, applying make-up, etc.

Santa Fe’s local ban on use of hand-held cell phones while driving survived an attempted repeal on June 9, 2008. Councilors voted 6-2 to keep the ordinance, first enacted in 2001. The city is averaging 124 tickets a month, the Santa Fe New Mexican reported.

Councilor Rebecca Wurzburger wants to hike the fine from $100 to $500: “We should experiment with expanding this law, not retracting it,” she said. Other councilors said they would support extending the ban to all use of cell phones while driving, including those with hands-free devices.

Previous legislation:
The Legislature considered a ban on cell phone use without a hands-free device in 2006, but the legislation failed to clear committee.

Iowa: Cell phone laws, legislation

Wireless device news: Gov. Chet Culver has signed into law distracted driving legislation that bans text messaging for all drivers and prohibits teens with restricted licenses from using all handheld electronic devices while behind the wheel. The law hits the streets July 1, 2010, but with a one-year warning (education) period.

The measure (HF 2456, below) was a compromise between the House and Senate that made enforcement of the adult texting law secondary, meaning police need another reason to stop violators before writing the citation. Teen offenders (14-18) can be pulled over and cited for violations without other cause.

Current prohibitions:
Adults banned from text messaging while driving (effective July 1)

Teenage drivers prohibited from using handheld electronic devices (effective July 1)

2010 legislation:
HF 2456 (compromise): Will outlaw text messaging for all drivers in Iowa. Secondary enforcement. $30 fine with fines up to $1,000 for causing a serious accident while texting. Will prohibit teenage drivers with learners’ permits from using handheld electronic devices. Secondary enforcement for adults, but not teens. Will nullify any local ordinances. Begins July 1, 2010, with a one-year warning (education) period. Approved by the House and Senate on March 23. Signed by the governor on April 1. (House-Senate compromise committee).

HF 2456: Would ban the sending of text messaging while driving. Reading messages allowed. Fines start at $30. If an injury results from the texting, fine would be $500 plus license suspension. With a death $1,000 plus license suspension. Would take effect July 1, with a one-year warning period. Approved by the House (Feb. 23, 65-31 vote) and then immediately by the Senate (Feb. 24, 44-6 vote). The House then changed the bill to call for only a ban on handheld electronic devices for teenage drivers (March 8, 55-41). Approved in a compromise version by the House and Senate on March 23 (above). Formerly HF 2021 (Tjepkes).

Iowa House File 2020: Would ban all drivers from text messaging or using cell phones unless a hands-free accessory was employed. Fine of $30. (Abdul-Samad)

Iowa Senate File 2032: Would prohibit people who are operating motor vehicles from text messaging. Fine of $100. (Bolkcom)

Senate Study Bill 3070: Would outlaw text messaging and related activities for all drivers in Iowa. Applies reckless-driving fines and jail time to text messaging violations. (Rielly)

SF 2321: Would outlaw text messaging while driving. Withdrawn Feb. 24 in favor of HF 2456, above.

Iowa cell phone legislation notes (2010):
“The people of Iowa have had it,” said Rep. Mary Mascher, D-Iowa City. “They don’t want people texting and driving.”

“I believe there will be a texting law … before we adjourn,” House Speaker Pat Murphy, D-Dubuque, said after the texting compromise bill was fashioned on March 18. The deal was sealed March 23 and signed by the governor a week later.

The House’s abrupt shift in favor of a text messaging ban that targets only teen drivers was necessary because the votes were not there for a full texting ban, lawmakers said. The change was bipartisan, the AP reported.

The Senate’s approval of HF 2456 came with an amendment that added “reading” to the prohibited text messaging activities while driving. Rep. David Tjepkes, R-Gowrie, says the version of his text messaging bill approved by the House on Feb. 23 didn’t ban the reading of text messages while driving because of a “political tradeoff.” Opponents say the plan as originally written probably would cost the state highway funding from the federal government.

The chairman of the Iowa House Transportation Committee expects the Legislature to outlaw texting and driving in 2010: “I think given the circumstances of what’s happened lately — what the media has been reporting and actual tragedies (as a result of texting while driving) — it’s a good probability that we’ll take something up that will prohibit that activity,” said Rep. Brian Quirk, D-New Hampton.

The 2010 legislative session has been shortened to 80 days. Budget matters could lock up most of the legislative channels, possibly leaving distracted driving legislation in limbo for another year. Iowa Gov. Chet Culver says he would sign a bill that seeks to ban text messaging for drivers, but agrees that the economy is the prime concern.

Dubuque’s City Council voted Feb. 15 to prohibit handheld cell phone use and text messaging by drivers. The ban goes into effect days after the 7-0 vote. Fines are $50/$250 if an accident results. Dubuque is the first municipality in Iowa to enact a distracted driving ordinance, according to the Telegraph Herald. “It’s way past time something gets done,” Mayor Roy Buol said in January 2010, noting a lack of state laws. “If we have to be the leaders, then we have to be the leaders.”

72 percent of adults surveyed by the Iowa Poll/Des Moines Register responded that text messaging and driving deserved the Legislature’s attention during the shortened session. The telephone poll was conducted in early February 2010. (No other topic received more than a 42 percent approval.)

Rep. Dave Tjepkes, R-Gowrie, introduced HF 2021, a bill banning text messaging while driving on Iowa roads and highways. The former Iowa State Patrol trooper says of the shortened session: “I’m concerned with the time constraints.”

Sen. Joe Bolkcom, D-Iowa City, says chances of passing a distracted driving bill by April are improving, with new interest from legislators.

Iowa parents overwhelmingly favor a statewide ban on text messaging while driving, according to a 2010 telephone poll. The University of Iowa/University of North Carolina survey found that 97 percent of parents favored a texting ban and 90 percent supported a ban on cell phone use while driving.

2009 legislation:
HF 9 — Would prohibit use of cell phones while driving unless a hands-free device or headset is utilized. In transportation committee. (Also HF 84) Appears dead.

HF 155: Seeks to ban all Iowa drivers from using handheld cell phones and from text messaging. Appears dead.

HF 17: Would ban use of cellular phones and any other wireless communication device by drivers under the age of 18. Appears dead.

HF 353: Prohibits use of cell phones by drivers with provisional licenses. Appears dead.

SF 190: Would prohibit use of cell phones while driving on Iowa’s roads, unless a hands-free device or headset is utilized. Appears dead.

2009 cell phone, texting legislation notes:
Rep. Ako Abdul-Samad, D-Des Moines, introduced 2009′s HF 9. “My problem is those who try to dial or text-message while driving,” he said. The Iowa cell phone driving law would bring a $30 fine.

Previous cell phone legislation includes an attempt to mandate the assumption that a driver on a cell phone involved in an accident was at fault.

The 2008 session’s HB 2059 was sponsored by Rep. McKinley Bailey, D-Webster City, who says he was motivated by a fatal crash caused by a teenage driver who was using a cell phone. Bailey has said he might support an expansion to adult drivers. Rep. Swati Dandekar chaired a subcommittee session on the Bailey proposal.

Attempts to regulate drivers’ cell phone use in Iowa date back to the late 1990s.

Hawaii: cell phone laws, legislation

Cell phone, text messaging news: All of the state of Hawaii’s counties have enacted distracted driving laws.

Maui is the latest Hawaiian county to ban use of handheld electronic devices while driving. The mayor signed legislation into law on Tuesday, July 6. The ban, which includes text messaging and handheld cell phones, takes effect immediately.

Kauai’s driving ban on handheld cell phones and text messaging became effective May 23, 2010. The Big Island’s ban on handheld cell phone use went into effect Jan. 1. Honolulu also has banned the holding of electronic devices while driving. The law includes cell phones and text messaging devices.

Current statewide prohibitions:
None.

2010 legislation notes:
Maui Mayor Charmaine Tavares signed into law a ban on use of handheld electronic devices while driving. Fines for text messaging or using handheld cell phones while driving are a maximum of $100 (first offense) and then up to $250. The county law also bars drivers with restricted licenses from using cell phones, regardless of whether a hands-free device is employed.

“With motorists increasingly using unsafe practices like texting while driving, we find ourselves joining the state’s other counties in enacting this new law,” Maui’s Tavares said at the July 6 signing. Maui was the last of the state of Hawaii’s counties to adopt distracted driving laws.

The Maui County Council approved the distracted driving Bill 40 in a series of votes leading up to the mayor’s approval. The Maui Police Department said it would begin writing tickets immediately.

Kauai’s mayor signed into law a ban on drivers’ use of handheld cell phones and text messaging devices. It went into effect May 23. The public safety committee unanimously approved the plan on Jan. 13, followed by the City Council. The mayor signed the legislation Feb. 23.

The Kauai law cites “mobile electronics devices” such as laptops, video game units and PDAs, but does not include GPS. Fines would be $50 or $100 in school zones or roadwork sites. The bill deliberately does not exempt hands-free devices for cell phones.

Fines would be $100 and then $250. The Maui plan also would bar drivers under 18 and others with restricted licenses from using cell phones, regardless of whether a hands-free device is employed. The legislation, expected to become law July 1, 2010, would mean all of the state of Hawaii’s counties have adopted distracted driving bans.

“It’s time to make this a reality,” said Maui County Council member Mike Victorino. “Enough is enough.”

Pending cell phone, texting legislation:
HB 14: Would prohibit text messaging by drivers and use of cell phones unless a hands free device is employed. Part of an omnibus traffic-safety bill. Carried over to the 2010 session. (Marumoto)

HB 89: Would outlaw use of cell phones for text messaging (all drivers). Fines up to $100. Carried over to the 2010 session. (Mizuno)

HB 15: Would outlaw text messaging while operating a motor vehicle and drivers’ use of handheld cell phones. Fines up to $100. Carried over to the 2010 session. (Marumoto)

HB 1158: Restricts drivers under 18 with provisional licenses from various forms of distracted driving, including use of all cell phones “and other electronic devices.” Also covers eating food, grooming and reaching for objects. Companion to SB 976. Carried over to the 2010 session. (Say)

HB 502: Same as HB 1158 (above). Carried over to the 2010 session. (Finnegan)

SB 760: Would prohibit drivers from using mobile telephones while driving unless the wireless device can be operated hands-free. Carried over to the 2010 session. (Chun)

SB 13: Seeks to ban drivers from using cell phones without a hands-free attachment. Would outlaw text messaging for all drivers. Carried over to the 2010 session. (Taniguchi)

SB 249: Would prohibit all drivers from text messaging and using cell phones without a hands-free device. Fines from $100-$500. Carried over to the 2010 session. (Gabbard)

SB 250: Would ban text messaging and emailing by all drivers. Violation does not occur unless an accident results. Carried over to the 2010 session. (Gabbard)

SB 275: Would prohibit drivers from using cell phones not equipped for hands-free use. Provides for forfeiture of violators’ cell phones. Carried over to the 2010 session. (Nishihara)

SB 976: Drivers under the age of 18 with restricted licenses would be banned from a range of distracted driving behaviors, including use of electronic devices and making cell phone calls (regardless of whether a hands-free device is employed). Also cites eating food, grooming and reaching for objects. Companion to HB 1158. (Hanabusa)

SB 1054: Seeks to restrict various forms of distracted driving, including use of handheld cell phones “and other electronic devices.” Also covers eating food and grooming. Secondary enforcement. Carried over to the 2010 session. (English)

Previous legislation notes:
SB 760, from Sen. ‘Susie’ Chun Oakland, D-Kalihi-Liliha, was approved on first reading Jan. 26, 2009. SB 976 from Senate president Colleen Hanabusa, D-Waianae passed on first reading Jan. 28.

HB 14 and HB 15 are sponsored by Rep. Barbara Marumoto, R-Kahala. The traffic-safety legislation was sent to committee Jan. 23, 2009.

SB 274 and 275 are sponsored by Sen. Clarence Nishihara, D-Waipahu. The cell phone-confiscation provision seems to be a first in the nation. They were referred to committee Jan. 28, 2009.

Regional Hawaii cell phone legislation:
Maui’s plan to outlaw use of handheld electronic devices while driving hit a snag on Feb. 18, 2010, when the Maui County Council Committee of the Whole voted 5-4 to delay consideration of Councilmember Joe Pontanilla’s measure. Fines would be $100 and then $250.

Hawaii County (the Big Island) has banned the use of handheld cell phones, meaning motorists must use a hands-free device. Violations will cost up to $150. Drivers causing accidents while using a mobile electronic device are subject to $500 fines. The Big Island ban was approved by the County Council on June 16, signed into law June 25, and went into effect Jan. 1, 2010.

Honolulu has banned the use of handheld cell phones, text messaging devices, laptop computers and similar wireless gear. The law was signed by Mayor Mufi Hannemann on May 7, 2009, and went into effect July 1. “This historic and comprehensive legislation was carefully crafted to help improve public safety on our streets and highways,” Hannemann said, perhaps referring to the issue’s long history in the city.

The fine for first offenses is $67. Honolulu police have posted an FAQ page related to the ban on use of mobile electronic devices while operating a motor vehicle.

Mayor Mufi Hannemann vetoed a text messaging plan in February after police complained they had no way of telling what a driver was doing while holding a cell phone. Honolulu Police spokesman Thomas Nitta said of the new plan: “As long as you are operating a motor vehicle and you are holding an electronic device that will be a violation.”

The Honolulu City Council voted 6-1 to ban drivers from holding electronic devices such as cell phones while driving. Honolulu Council members Rod Tam and Donovan Dela Cruz introduced the Honolulu ordinance banning use of handheld electronic devices while driving.

The Star Bulletin editorialized in support of the Honolulu cell phone ordinance on April 11:

“(Bill 4) should not encourage drivers to trade in their hand-held cell phones for hands-free devices in the belief the latter is safe. The use of either kind of cell phones is distracting, causing the driver to concentrate on the conversation rather than the road. Studies have shown that use of a cell phone — hand-held or hands-free — while driving is as dangerous as driving drunk.”

Honolulu’s earlier plan to ban text messaging was approved by the City Council on January 28, 2009, but the plan was overturned by Mayor Mufi Hannemann on Feb. 13. The council failed to overturn the Honolulu texting bill veto in a vote Feb 25. Three councilmen changed their votes to allow the veto.

The Honolulu mayor cited problems with enforcement. City police stood against the texting bill, saying that enforcement would be difficult. Police also have lobbied against state cell phone legislation.

The bill’s author, Councilman Charles Djou, said after the veto vote: “The text messaging driving ban has become a clear victim of typical city politics under the current mayor.” Earlier he noted: “I think (the ban) is needed and I think the community recognizes that text messaging and video game playing while driving is unacceptable.”

A Honolulu bus driver was videotaped playing PS2 games while driving. He kept his job.

Previous cell phone/texting legislation:
All state attempts to prohibit the use of handheld cell phones while driving have failed.

Rep. Joe Souki has led efforts to restrict use of cell phones in Hawaii. His hands-free legislation of 2005 passed in the House but was killed in the Senate.

MADD-Hawaii testified in favor of HB 1987 in January 2008: “Young drivers continue to be over-involved in highway crashes in Hawaii and across the
country. Studies have shown that novice drivers tend to be more easily impaired by distractions such as multiple passengers in the vehicle than are more experienced drivers. With more teens using cell phones, there is an increasing risk of young drivers causing crashes as a result of the distraction of having a cell phone conversation while operating a vehicle.”

Captain Evan Ching of the Traffic Division of the Honolulu Police Department testified on HB 1987 that “it would be difficult to enforce” and “problematic.” The HPD officially opposed the bill.

Numerous bills were filed for the 2008 legislative session seeking to limit use of cell phones.

HB 2462, HB 3323: Would have required use of hands-free devices by drivers. Not heard in committee.

SB 3120, HB 3198, HB 1987: Would have prohibited use of cell phones and other electronic devices by drivers under the age of 18, including those driving with a provisional license.

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