Virginia: Cell phone & texting laws, legislation

Distracted driving news: Sen. George Barker’s plan to make text messaging while driving subject to primary enforcement (SB 219) has been cleared by two key committees and is before the full Senate. Barker’s bill that would apply primary enforcement for junior drivers was approved by the Senate in late January. Detail below.

The Militia, Police and Public Safety Committee wasted no time in shooting down all of the distracted driving bills filed in the House for 2012. A subcommittee decided Jan. 26 not to report the handful of bills, meaning they most likely are done for the year.

The House Militia, Police and Public Safety Committee has been a burial ground for distracted driving legislation during the past three sessions.

At least 10 distracted driving measures were filed for the 2012 legislative session. Three seek to prohibit use of handheld cell phones and five would give primary enforcement status to the text messaging law. One unusual bill includes a ban on personal grooming and reaching for objects not within an arm’s distance. Another would create a blanket offense of doing something other than driving safely.

Current prohibitions:

• All drivers are banned from text messaging. $20 fine (first offense) then $50.
• 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

Read the laws: Texting and driving | teen drivers.

Virginia distracted driving notes (2012):
A subcommittee of the House Militia, Police and Public Safety Committee took up eight distracted driving bills on Jan. 26, but reported out (advanced) none of them. This was a rerun of the past two legislative sessions. Subcommittee chairman Del. Ben Cline said he preferred to see distracted driving enforced under existing reckless driving statutes. “We need to refocus the attention of law enforcement and our judges” on reckless driving behaviors, said Cline, R-Rockbridge. Four of the five subcommittee members are Republicans.

“This could be the year,” says Sen. George Barker of his plans to extend primary enforcement to the state’s existing ban against texting while behind the wheel. One of his bills has cleared the Senate and another is nearing a vote by the full Senate.

Del. Bobby Orrock filed a bill that would make most forms of distracted driving subject to primary enforcement. “We need to look at it in the full context,” said Orrock, R-Caroline, who cites “texting, putting on makeup, snarfing down a cheeseburger, whatever” as examples of distracted driving. His legislation, HB 532, failed to make it out of committee. Del. Vivian Watts, D-Fairfax, filed a similar but more specific plan, HB 415, that also failed to advance. (Both bills below.)

2012 distracted driving legislation:
Senate Bill 219: Would make text messaging while driving a primary offense. Approved by the Senate Transportation Committee on Jan. 18 in an 8-5-1 vote. Approved by the Courts of Justice Committee on Feb. 6 in a 10-4 vote. To the full Senate. (Barker)

SB 210: Would apply primary enforcement to the existing offense of texting or use of a cell phone by a provisional driver. Currently secondary enforcement. Approved by the Senate Transportation Committee in an 11-3 vote on Jan. 18. Approved by the Senate on Jan. 26 in a 30-10 vote. (Barker)

House Bill 394: Would ban use of handheld personal communications devices while driving, notably cell phones. Includes bicycle riders. Primary enforcement. Fine: $20 then $50. Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead. (Howell)

HB 404: Restricts use of handheld personal communications devices to making and receiving cell phone calls. Secondary enforcement. Fines: $20 then $50.Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead. (Torian)

HB 415: Would require use of hands-free devices in order to make or receive cell phone calls or to read text messages while driving. Would bar drivers from searching for items that are not “immediate arm’s reach.” Would prohibit attending to personal hygiene or grooming while driving. Secondary enforcement. Fines: $40 then $100. Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead. (Watts)

HB 497: Would ban use of handheld personal communications devices while driving, notably cell phones. Includes bicycle riders. Primary enforcement. Fine: $20 then $50. Similar to HB 394, above. Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead. (Dance)

HB 532: Would create offense of “operation of a motor vehicle while engaged in other activities” that impair the ability to drive safely. Primary enforcement. Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead.(Orrock)

HB 652: Would remove secondary enforcement limits on Virginia’s existing ban on text messaging while driving. Police would be able to stop and cite offenders for that reason alone. Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead. (Kory, Albo, Bulova, Watts)

HB 874: Would make text messaging while driving a primary offense. Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead. (Rust)

HB 1053: Would make texting and driving a primary offense. Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead. (Anderson)

2011 distracted driving notes:
All efforts to put teeth in Virginia’s distracted driving laws failed in 2011 as no bill made it beyond the House and Senate committees. The House Committee on Militia, Police and Public Safety has rejected numerous distracted driving measures.

Fairfax County’s nine-month crackdown on distracted driving netted almost a 50 percent increase in citations vs. the same period a year ago. The sweep, which ran concurrent with the school year, yielded about 6,900 tickets in 2010-11, compared with 4,670 in 2009-2010. Police camped out in “unorthodox” locations seeking distracted driving offenders.

Fairfax police, “frustrated by a toothless (texting and driving) law that the Virginia legislature passed (in 2009),” are instead attacking distracted driving under an older law against failure to pay attention while behind the wheel.

Also, the Fairfax County police are conducting an online survey about distracted driving, seeking information on public attitudes and behaviors.

Legislation failures: “It’s a great disappointment and it’s a blow to traffic safety in the state of Virginia,” AAA Mid-Atlantic rep John Townsend said upon hearing that all distracted driving bills in Virginia have been rejected in 2011.

The House’s Militia, Police and Public Safety Committee has been a burial ground for distracted driving legislation during the past two sessions. This year’s crop of bills from representatives and senators all failed to advance beyond that panel. The Senate bills mirrored its 2010 legislation, also killed by the committee.

The Daily Press of Newport News commented that the House committee ” — filled with libertarian, ‘government-hands-off’ politicians — has been the killing field for lots of public safety bills over the years.”

Martha Meade, a spokeswoman for AAA Virginia, knew that getting distracted driving legislation through the General Assembly would be “quite an uphill battle.”

The Senate’s 2011 bills sought to toughen the existing distracted driving laws by making them subject to primary enforcement. One would have outlawed use of handheld cell phones while operating a motor vehicle.

At least seven bills targeting distracted driving were in the hopper in the House of Delegates, but all died. Two sought to ban handheld cell phone use by drivers (in addition to text messaging). Three planned to upgrade the existing Virginia text messaging law to primary enforcement, meaning police can stop and cite motorists for that reason alone.

More than 100 Virginia businesses have vowed to observed the “Orange Cones. No Phones.” employer safety pledge developed by Transurban-Fluor and AAA Mid-Atlantic. The campaign seeks to protect workers on the Capital Beltway HOT Lanes Project and the Dulles Metrorail Project.

2011 distracted driving legislation (dead):
Senate Bill 1042: Would make text messaging while driving a primary offense. Approved by the Virginia Senate on Feb. 8, in a 28-11 vote. Latest action: Rejected by the Committee on Militia, Police and Public Safety on Feb. 17. (Barker)

SB 1047: Seeks primary enforcement status for current law that prohibits drivers under the age of 18 from using cell phones or text messaging. Approved by the state Senate on Feb. 8, in a 33-7 vote. Latest action: Rejected by the Committee on Militia, Police and Public Safety on Feb. 17. (Barker)

SB 1351: Would outlaw use of handheld cell phones by all drivers. Hands-free OK. Seeks primary enforcement for use of wireless communications devices while driving. Fines: $100 then $200 with possible points against license. (Would apply to current penalties for text messaging.) Latest actions: OK’d by the Senate on Feb. 8, 2011, in a 26-13 vote. “Laid on the table” (killed) by the Committee on Militia, Police and Public Safety on Feb. 17. (Norment)

Virginia House Bill 1489: Would upgrade existing text messaging ban to primary enforcement status. Identical to HB 1546, below. Left on table in Militia, Police and Public Safety Committee on Feb. 8. (Spruill)

HB 1404: Seeks to extend Virginia’s text messaging ban to bicycles, mopeds. Would make violations subject to primary enforcement. Dead in committee as of Feb. 8. (Howell) View bicycles & distracted driving page.

HB 1424: Would prohibit the use of handheld cell phones by all drivers. Dead in committee as of Feb. 8. (Dance)

HB 1546: Would toughen existing text messaging ban with change from secondary to primary enforcement status. Identical to HB 1489, above. Dead in committee as of Feb. 8. (Kory)

HB 1630: Would ban cell phone use by all drivers as well as “other wireless telecommunications devices.” No provision for hands-free operation. Deletes current fine system for text messaging in favor of making violations Class C misdemeanors. Secondary enforcement. Latest action: On Jan. 20, a House subcommittee recommended no action be taken on the bill. Dead in committee as of Feb. 8. (Watts)

HJ 621: Calls for Virginia Tech Transportation Institute to study and report on “disincentives” for use of cell phones will driving. Would include primary vs. secondary enforcement and an analysis of current state laws. “Left on table” in Rules Committee as of Feb. 8. (May)

HB 2307: Doubles fines for use of handheld portable electronics if vehicle is in a highway work zone with workers present. “Left” in Militia, Police and Public Safety Committee as of Feb. 8. (Sickles)

Virginia cell phone, texting legislation notes (2010):
Fairfax County police reported that they ticketed more than 9,000 people for inattentive driving during 2010. That’s a 24 percent jump from 2009′s numbers. Fewer than 50 citations for driving and texting were written in the county last year due to the state law’s loopholes and its “secondary” enforcement status.

Text messaging continues to distract more drivers on the Capital Beltway, a survey released in mid-November 2010 found. The number of texting-distracted drivers increased by 47 percent in the past year, said AAA, which did the survey with a highway construction company. A majority of the Beltway motorists said they drove while distracted, with 53 percent talking on cell phones and 13 percent texting.

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.”

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)

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.

Virginia cell phone, texting legislation notes (archived):
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 ended 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 & texting laws, bills

Distracted driving update: Wyoming was the 20th state to ban text messaging while driving, but there appears to be little momentum toward a handheld cell phone law. The texting & driving law took effect in July 2010.

The 2013 session of the Wyoming Leglslature will convene Jan. 8. The 2012 session addressed budget issues.

Current prohibitions:

• Text messaging prohibited for all drivers.

Read the Wyoming text messaging law.

2011 distracted driving legislation:
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 went into effect on July 1, 2010. (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: Nevada’s new prohibitions against driving while texting and using handheld cell phones are in full effect. Fines are $50 (first offense), then $100 (second) and then $250 (subsequent violations).

Enforcement of the Nevada bans is primary, meaning drivers can be stopped and cited for that reason alone. Cell phone use is allowed only if a hands-free accessory is employed throughout the call.

Here is the exact wording of the new bans:

• Drivers cannot: “Manually type or enter text into a cellular telephone or other handheld wireless communications device, or send or read data using any such device to access or search the Internet or to engage in non-voice communications with another person, including, without limitation, texting, electronic messaging and instant messaging.”
• Drivers cannot: “Use a cellular telephone or other handheld wireless communications device to engage in voice communications with another person, unless the device is used with an accessory which allows the person to communicate without using his or her hands, other than to activate, deactivate or initiate a feature or function on the device.”

Key provisions:

• First offenses are not considered moving violations.
• Laws do not apply to GPS systems “affixed to the vehicle.”
• Previous infractions do not affect new fines after seven years. Example: A repeat violator would be considered a first offender if seven years have passed since the original conviction.
• Licensed two-way radio use is permissible if the unit is not hand held, except for the microphone.

Nevada was the 34th state to ban texting while driving.

Current prohibitions:

• All drivers are barred from using handheld cell phones.
• Text messaging and related activities prohibited for all drivers.

Distracted driving notes (2012):
The Henderson Police Department reports it handed out 351 citations for using handheld devices during the ban’s first month.

The Nevada DOT says there are more than 3,500 distraction-related crashes in the state every year, with more than 60 deaths reported in the past five years. Its advice for avoiding cell phone tickets? “Before driving, secure your cellphone in a place such as the glove box where you will not be able or tempted to access it while driving.”

2011 legislation:
SB 140: Would outlaw text messaging and using handheld cell phones while driving in Nevada. Would prevent cities and counties from creating similar laws. Original bill’s fines: $250 (first offense), then $500, then $1,000 plus license suspension of six months. Fines doubled in highway work zones. Warnings until Jan. 1, 2012. Amended and approved by the Senate Transportation Committee on March 17. Amendments approved by voice vote in Senate on April 22. Amended bill’s fines: $50/$100/$250. No license suspensions. Approved by the Senate in a 12-9 vote on April 26. OK’d by the Assembly in a 24-7 vote on May 30. The Senate’s final approval (a voice vote) came June 4 and the measure was then approved by the governor. A warning period began Oct. 1 and the prohibitions went into full effect Jan. 1, 2012. (Breeden)

AB 151: Would ban text messaging and use of handheld cell phones while driving in Nevada. Fines: $50 (first offense), $100 (second) and $250 (third). If a death or “substantial body harm” results from violation, prison term of 1-6 years with fines of $2,000-$5,000. Would end local traffic regulation of texting and cell phones. Warnings until Dec. 31, 2011. Amended (to add handheld cell phones to original bill’s texting ban) and approved by the Assembly Committee on Transportation in a 12-3 vote on March 29. Latest legislative action: Rereferred to Committee on Ways and Means on April 19. See SB 140, above. (Atkinson)

Senate Bill 76: Seeks to ban text messaging and use of handheld cell phones. Hands-free accessories OK for cell phones. GPS allowed. Also targets Internet use and any “non-verbal” communication. Dead as of April 16. (Public Safety Dept. via Senate Transporation Committee)

SB 145: Would prohibit drivers under the age of 18 from texting and using cell phones. Penalties to be determined by juvenile court, which would be directed to treat violations in school zones more seriously. Dead as of April 16. (Manendo)

AB 173: Would prohibit texting and the use of handheld cell phones by all Nevada drivers. If a death or “substantial body harm” results from violation, prison term of 1-6 years with fines of $2,000-$5,000. Dead as of April 16. (Munford)

2011 distracted driving notes:
The bill behind Nevada’s handheld electronic device law, SB 140, was approved by Gov. Brian Sandoval, who had made it clear that he would support a statewide ban on text messaging while driving. The Assembly’s final vote came May 30, 2011, and the Senate signed off June 4.

Sen. Shirley Breeden was the bill’s author. Her texting bill of 2010 failed to get out of committee, but, undaunted, she added handheld cell phones to 2011 plan. “We’re going to go for the whole enchilada in this thing,” Breeden said of the addition of cell phones to the 2011 legislation.

The Senate watered down Breeden’s texting & talking ban on April 26, lowering fines to match the Assembly’s version in order to get a distracted driving bill through.

In 2010, Breeden, D-Henderson saw her no-texting bill die in committee. This year she succeeded in getting the measure through the Legislature — as the new chairman of the Senate Transportation Committee — and onto the law books.

The Assembly Transportation Committee heard arguments pro and con on Senate Bill 140. The Office of Traffic Safety, which supports the bill, told the May 12 hearing that the number of accidents blamed on distracted driving had decreased from 2008 to 2009. Assemblyman Scott Hammond, R-Clark, said he feared that accidents would occur because drivers would be further distracted by trying to hide their phones. The panel also heard from families who lost loved ones to distracted drivers. No action was taken during the hearing.

Senate Minority Leader Mike McGinness of Fallon was the only Republican to vote in favor of Senate Bill 140.

Sen. Mike Schneider, D-Las Vegas, said the lowered fines inserted into SB 140 were necessary to move the distracted driving bill out of committee. (The full Senate later approved the lowered fines.)

Assemblyman Harvey Munford, D-Las Vegas, asked that Assemblymen Kelvin Atkinson amend his AB 151 to add a ban on handheld cell phone use to its texting prohibitions. The change was made in late March 2011, as Atkinson’s bill advanced from the Transportation Committee.

Munford says of his own AB 173, which would ban use of handheld cell phones and text messaging devices while behind the wheel: “This was constituent-driven. I was contacted by one family who lost a loved one and it was proven that the person was using a cell phone,” he told the Reno Gazette-Journal.

The Nevada Department of Public Safety is behind SB 76 (BDR 43-461), which would prohibit texting. In November 2010, the state Transportation Department banned its employees from distracted driving.

Nevada’s No Phone Zone campaign kicked off in November 2010.

Richard and Jenifer Watkins of Las Vegas were among the victims who spoke at the Second Distracted Driving Summit in September 2010. They suffered severe injuries when hit by a cell phoning driver in 2004.

Distracted driving has been cited as the No. 1 cause of fatal traffic accidents in Nevada. At least 63 deaths have been caused by distracted drivers in the past five years, officials say.

2009 legislation (dead):
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.

2009 legislation notes:
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. (Update: Breeden is now the transportation committee chairman.)

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: The Legislature has been presented at least three distracted driving measures for the 2012 session. All propose a ban on texting while driving, and one includes a prohibition on use of handheld cell phones.

In 2011, the full Senate approved a plan to prohibit text messaging by all drivers in Mississippi, but the House didn’t agree. Senate Bill 2793 died in committee in the House on March 8.

Almost 20 bills were filed for the 2011 legislative session concerning drivers’ use of cell phones and text messaging. All but one “died in committee.” Critics call the House Judiciary Committee (A&B) a “graveyard” for distracted driving bills.

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.
• Bus drivers barred from using a wireless communications device if a minor is on board.

Distracted driving legislation (2012):
SB 2121: Would ban texting while driving and use of handheld cell phones for all drivers. Drivers under the age of 18 would be prohibited from using cell phones of any kind. Fines up to $500; if accident results, $1,000. (Hudson)

SB 2122: Would outlaw text messaging while driving in Mississippi. Fines up to $500; if accident results, $1,000. (Butler)

SB 2240: Would outlaw text messaging. Appears identical to SB 2122. (Collins)

Distracted driving notes (2012):
Sen. Billy Hudson, R-Purvis, says of his state’s reluctance to adopt distracted driving safeguards for all drivers: “We’re usually last, and it looks like we’re going to be last again. … So, many other states have taken the lead.”

Sen. Nancy Collins, R-Tupelo, said she filed the texting & driving measure SB 2240 after being lobbied by a high school student.

The Mississippi Department of Public Safety says it has no record of a cell phone-related crash.

2011 distracted driving law:
SB 2472: “Nathan’s Law,” part of a broader bill that seeks to improve school bus safety. Would prohibit the use of handheld electronic devices while driving on school property when school is in session. Directs schools to post signs warning of ban. Passenger bus drivers would be barred from using a wireless communications device if a minor is on board. Fines: Up to $500 or $1,000 if an accident results. (See HB 551, below.) Approved by the Senate in a unanimous vote taken Jan. 14. Approved by the House on March 1. Sent to conference committee, which removed the Senate’s provision that drivers not use cell phones in school zones. The House and Senate gave final approval on March 28. Latest action: Signed by the governor on April 4. (McDaniel)

View 2011′s inactive (dead) legislation.

2011 distracted driving notes:
Only two lawmakers voted against the anti-texting plan SB 2793: Sens. Merle Flowers, R-Southaven, and Chris McDaniel, R-Ellisville. The measure was approved by the full Senate and transmitted to the House. “This bill is not a cell phone bill, but I feel like we must start somewhere,” said Sen. Billy Hudson, R-Hattiesburg, who saw his SB 2114 defeated in committee. The bill died in the House, anyway.

The school bus safety bill dubbed “Nathan’s Law” was signed into law by the governor. One of its provisions bans school bus drivers from using handheld communications devices while transporting a minor. The Senate’s approved SB 2472 prohibited the use of cell phones while driving through school zones, but that was contested by the House, as in 2010. The final version out of a conference committee removed the school zone element.

The name “Nathan’s Law” could lead to confusion in 2011. Nathan was a 5-year-old killed by a driver who failed to stop for a school bus. The family-backed legislation, SB 2472, restricts use of wireless communications devices on school property and by bus drivers. Rep. Ed Blackmon, D-Canton, has filed HB 551, which uses Nathan’s name but seeks only to regulate wireless communications device by bus drivers. Both bills address broader issues concerning school safety.

SB 2472 sponsor Sen. Chris McDaniel, R-Ellisville, calls Blackmon’s legislation “a so-called and unexpected version of Nathan’s Law” that weakens existing safety laws. The two bills essentially renew the Senate and House dispute of last year, which centered on the handheld device provisions. Read more about the Nathan’s Law controversy. (See 2010′s SB 2505, below.)

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

Senate Bill 2793: Would outlaw text messaging by all drivers in Mississippi. Fines: up to $500 and $1,000 if an accident results. Latest action: Approved by the full Senate in a near-unanimous vote on Feb. 3 and sent to the House. Died in committee in the House on March 8. (Butler)

House Bill 551: Passenger bus drivers would be barred from using a wireless communications device if a minor is on board. Fines: Up to $500 or up to $1,000 if an accident results. Part of a broader bill addressing school bus safety. Also billed by sponsor as “Nathan’s Law.” Latest action: Approved by the House in a unanimous vote on Jan. 12. Assigned to Senate Judiciary panel, where the bill died on March 1. (Blackmon)

House Bill 52: Would outlaw text messaging and use of Internet while driving. Fines: Up to $100, $500 if accident occurs. Died in committee Feb. 1. (Broomfield)

HB 125: Would ban use of handheld cell phones while driving. Hands-free OK. Died in committee Feb. 1. (Mayo)

HB 324: An act that would restrict “regulation of inattentive driving and cellular phone usage” to the state. All existing local distracted driving laws would be nullified. The state apparently would have the option of approving local laws. Died in committee Feb. 1. (Denny)

HB 684: Would make use of handheld cell phones illegal while driving. Hands-free devices OK. Fine of $150 for first offense then $300 (if within three years of first offense), then $500 and possibility of jail time and community service. Latest action: Died in committee Feb. 1. (Clarke)

HB 685: Seeks to prohibit drivers from text messaging and otherwise using the Internet. Fines: Up to $500, $1,000 if an accident results. Died in committee Feb. 1. (Clarke)

HB 840: Would have applied text messaging ban to all drivers. Fine: $25. Died in committee Feb. 1.

HB 1191: Would have upped reckless driving penalties if a wireless communications device was the cause. Fines: $100/$750/$1,500 plus possibility of jail time on third and subsequent offenses. Died in committee Feb. 1. (McGee)

HB 1213: Sought to outlaw drivers’ use of cell phones unless a hands-free attachment were employed. FInes: $150 (first) then $300 and $500. Possibility of jail time and community service on third and subsequent offenses. Died in committee Feb. 1. (Espy)

HB 1226: Would have prohibited text messaging and related Internet activity by drivers. Unusual provision would have made enforcement secondary for first year and a half and then primary. Fines $100 or $500 if accident results. Died in committee Feb. 1. (Banks)

HB 1228: Would have outlawed use of handheld cell phones by drivers. Enforcement secondary for first year and a half and then primary. Fines $100 or $500 if accident results. Died in committee Feb. 1. (Banks)

HB 1229: Would have outlawed cell phoning and text messaging unless operation is hands-free. Enforcement secondary for 18 months and then primary. Fines $100 or $500 if accident results. Died in committee Feb. 1. (Banks)

HB 1316: Would have prohibited text messaging while driving. Fines $100 or $500 if accident results. Died in committee Feb. 1. (Evans)

SB 2033: Would bar drivers from text messaging on Mississippi roads and highways. Teen drivers under the age of 18 would be prohibited from using cell phones. Fines: Up to $500, $1,000 if an accident results. Died in committee Feb. 1. (Tollison)

SB 2114: Seeks to ban drivers’ use of handheld cell phones and texting. Hands-free cell phones OK. Teen drivers under the age of 18 would be barred from using all cell phones. Fines: Up to $100, $500 if accident occurs. Died in committee Feb. 1. (Hudson)

SB 2165: Would have banned text messaging by all motorists (see SB 2793, above). Fines: $500 or $1,000 if an accident results. Died in committee Feb. 1. (Butler)

SB 2648: Sought to ban text messaging by all drivers. Fines: $500 or $1,000 if an accident results. Died in committee Feb. 1. (Gollott)

2010 distracted driving notes:
State Sen. Kelvin Butler said that when the Legislature returns in January 2011, he’ll again propose a bill seeking to outlaw text messaging while driving in Mississippi. He was the driving force behind the state’s current law against texting while driving with a restricted license (below).

Butler, D-Magnolia, says he’s “currently soliciting the support of my Senate and House colleagues so we can unanimously adopt this (new text messaging) law.” The state senator said the plan will “give law enforcement the legal tools needed to ticket violators.” He’s also seeking input from the telecommunications industry.

Senate Judiciary Committee chief Gray Tollison, D-Oxford, supports a ban on all text messaging while driving. The Department of Public Safety will ask for broader restrictions as well.

A few legislators have expressed concerns about giving police new reasons to pull over motorists, given Mississippi’s past problems with racial profiling. SImilar fears have been voiced occasionally in other states.

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.

2010 session legislation (all dead):
Senate Bill 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)

House Bill 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)

SB 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 2114: 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)

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: An act prohibiting use of handheld cell phones in school zones and highway work zones took effect Oct. 1. Arkansas has no restrictions on text messaging or handheld cell phone use by adult drivers.

Current prohibitions:

• All drivers prohibited from text messaging. Fine up to $100.
• Drivers under 18 may not use cell phones, regardless of whether a hands-free accessory is employed. Fine up to $50.
• Drivers 18-20 must use hands-free attachments while talking on cell phones. Fine up to $50.
• School bus operators prohibited from using cell phones while driving.

2011 legislation
Senate Bill 154 (Act 37): Would outlaw use of handheld cell phones by drivers who are in a school zone or are passing by school buildings during school hours when children are present (outside). Also seeks to ban handheld cell phone use in a highway work zone when workers are present. Secondary enforcement. Approved by the Senate Transportation, Technology and Legislative Affairs Committee on Jan. 31 and then by the full Senate on Feb. 2. Approved by the House in a 52-41 vote on Feb. 15 and sent to the governor as Act 37. Latest action: Signed into law by the governor on Feb. 19. Takes effect Oct. 1. (Taylor)

House Bill 1049: Would prohibit drivers from using handheld cell phones in school zones while children are present. Includes GPS. Secondary enforcement. First-time violators get a warning; $50 fines thereafter. Rejected by the House in a tight 46-47 vote on Jan. 31. Reconsidered, it was approved by the House on Feb. 1. Recommended by the Senate Transportation Committee but rejected by the full Senate. Revived again (March 16) but died April 27 as the Transportation Committee adjourned. (Allen)

2011 distracted driving notes:
SB 154′s sponsor was Sen. Jerry Taylor, D-Pine Bluff. Rep. Fred Allen, D-Little Rock, introduced the bill in the House after failing to get approval for his similar HB 1049.

Just before the House rejected the HB 1049 plan to outlaw handheld cell phone use in school zones, opponents argued that the ban would inconvenience parents. “Have you ever waited for an hour in a long line of cars for your child or grandchild to come out of school?” asked Rep. Donna Hutchinson, R-Bella Vista. Sponsor Rep. Fred Allen, D-Little Rock, later noted that the bill called for secondary enforcement, so drivers stuck in a school pickup line would have to commit another offense in order to be cited. Police are “not going to pull you over just for talking on your cell phone,” Allen told reporters.

Rep. Allen says HB 1049 is “really a prevention bill.” (Allen co-sponsored HB 1013, below).

Sen. Taylor said he was puzzled by the House’s rejection of Allen’s school zone plan.

An Arkansas state senator dropped his plan to limit headphone use by bicyclists and pedestrians to one ear only, citing a barrage of citizen complaints. Sen. Jimmy Jeffress, D-Crossett, said Jan. 25, 2010, that he knew going in that the draft legislation wouldn’t succeed, but he wanted to raise the issue. He was inspired by a Little Rock accident.

The city of Rogers already bans cell phones and text messaging in its school zones, with primary enforcement.

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 (pre-2010):
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.

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

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

The Legislative Assembly returns Jan. 8, 2013.

Current prohibitions:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

New Mexico: Cell phone laws, legislation

Cell phone, text messaging legislation news: No distracted driving legislation was approved during New Mexico’s 2011 legislative session. The House did OK Rep. Antonio Lujan’s bill outlawing texting while driving, but it died after clearing a key committee in the Senate.

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 and/or texting in Albuquerque, Santa Fe, Las Cruces, Gallup, Taos and Espanola.

Distracted driving notes (2011):
Las Cruces’ ban on handheld cell phone use while driving went into effect in February 2010. As of April 2011, almost 1,100 drivers received tickets for violations. The Las Cruces Sun-News pointed out in an editorial that the total number of distracted driving citations translated to fewer than three tickets a day: “That’s pretty dismal enforcement. … All you have to do is ride around town for a while and count the number of drivers you see who have phones glued to their ears.” Mayor Ken Miyagishima said he saw a reduction in cell phone use, however. “I knew when we put in the ordinance we weren’t going to have 100 percent compliance,” he told the Sun-News.

State Rep. Antonio Lujan tried again in 2011 with the distacted driving measure HB 197. “I have introduced this bill for a few years now because I find it to be an important public safety measure,” he said. “This will ultimately save lives.” The bill found success in the House but not in the Senate, where it died late in the session.

Lujan, D-Las Cruces, has been working for distracted driving legislation for at least five years, including last year’s kitchen-sink HB 10 (below), which was approved by the House and backed by the governor. This year he’s looking for success with a plan that’s limited to texting: “This is a simple, straightforward bill,” he says of HB 197.

“I haven’t given up on a bill to ban cell phones,” Lujan said after the House vote to approve his HB 197.

The original punishments for texting while driving in HB 197 were $25-$100 (first offense), $50-$1,000 (second). Possibility of jail time ranging from five days to six months. Possible license suspension.

2011 distracted driving legislation:
House Bill 197 (substitute): Seeks to ban text messaging while driving. Fine: $25. House Judiciary Committee created and approved this substitute bill that slashed the original bill’s fines. The substitute bill was approved by the House in a 58-7 vote on March 1 and sent to the Senate, where it was approved by the Judiciary Committee in a 6-0 vote on March 17. Current status: “Action postponed indefinitely,” meaning bill died in Senate. (Lujan)

2010 legislation (dead):
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. Bill Richardson has called distracted drivers “a menace to our streets.” (He left office in early 2010, replaced by Susana Martinez.)

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.

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:

Bosque Farms’ city council and mayor are considering a draft ordinance that would outlaw text messaging and the use of handheld cell phones while driving. After changes penciled in on a Dec. 22, 2010, working session, a vote is expected in early 2011.

Las Cruces’ ban on text messaging and use of handheld cell phones hasn’t made much of an impact, apparently. The Sun-News reports the law “is being blatantly and flagrantly ignored.” The newspaper’s editorial writer asks, “Why isn’t this law being enforced? … Drivers all over the city are motoring around with cell phones firmly pressed against their ears.”

The Las Cruces distracted driving ordinance went into effect Feb. 4, 2010. The City Council approved the plan Dec. 7, 2009.

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: Don’t look for Iowa to expand its ban on texting while driving to include cell phones, legislators said in advance of the 2012 session.

State Sen. Jeff Danielson, a Transportation Committee member, told SourceMedia that he’d doesn’t see any changes being made in 2012. Senate Majority Leader Mike Gronstal agreed, saying the creation of any new ban “is a bit of a long shot.” Danielson said, however, that he’d be open to discussing the addition of cell phones to the texting law.

Gov. Terry Branstad, who took office after the texting ban was enacted, does not appear to support singling out cell phones for a ban.

Iowa’s ban on texting while driving took effect in summer 2010, but the tickets and fines came into play July 1, 2011. Text messaging while driving brings penalties of $30 with fines up to $1,000 for causing a serious accident while texting.

While the $30 distracted driving fine is among the lowest in the nation, a 35 percent surcharge and court fees likely will send the total cost above $100. No points are charged against the offender’s drivers license.

Current prohibitions:

• Adults banned from text messaging while driving. Secondary enforcement. Fine: $30.
• Teenage drivers prohibited from using handheld electronic devices. Primary enforcement. Fine: $50.

Iowa distracted driving statutes breakdown (DMV).

Iowa distracted driving notes (2012):
Introduced in 2011, the handheld cell phone bill HF 530 from Rep. Sharon Steckman, D-Mason City, has been assigned to a Transportation subcommittee. Chances of advancement appear slim (above).

2011-12 distracted driving legislation:
HF 530: Would outlaw use of handheld electronic devices while driving, including cell phones. Hands free OK. Assigned to Transportation subcommittee Jan. 11, 2012. (Steckman)

2011 Iowa distracted driving notes:
The 2011 legislative session ended without legislation addressing distracted driving issues. Future legislation could address the use of handheld cell phones, the secondary enforcement of the texting law — often cited elsewhere as weak and ineffective — and the low text messaging fine of $30.

The state Department of Transportation wants to limit what it says are unintended penalties from the ban on teens using handheld electronic devices. The DOT believes first-time teen violators would be forced into meeting SR22 insurance requirements, typically imposed on drunken drivers. Instead, the DOT seeks a change in the reporting on the teen’s driving record that would lead to sanctions such as a temporary ban on passengers or a 30-day license suspension.

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):
In April 2010, Gov. Chet Culver signed into law the 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 hit the streets July 1, 2010, with the one-year warning (education) period ending a year later.

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.

“The people of Iowa have had it,” Rep. Mary Mascher, D-Iowa City, said before the vote. “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. If you drive in Hawaii, be aware that text messaging and the use of handheld cell phones are illegal.

Honolulu’s fine for use of handheld cell phones while driving increased to $147 on July 1, 2011. View the Honolulu distracted driving ordinance.

Oahu reaped more than $1.6 million in tickets over the first two years of its distracted driving law.

Current statewide prohibitions:
None.

Distracted driving legislation (2012):
HB 623 (HD1): Makes it a petty misdemeanor to operate a motor vehicle while using a text messaging device or otherwise accessing the Internet. Provides for felony charges if injury or death results from violation. Voice-operated or hands-free technology OK. Recommended by the Transportation Committee on Feb. 7 and sent to the Judiciary Committee. Carried over from the 2011 session. (Evans)

HB 1184: Would direct state to turn over to county law enforcement any revenue from tickets issued for drivers’ use of mobile electronic devices. Carried over from the 2011 session (Tokioka)

Distracted driving notes:
Distracted driving ticket totals as of June 2011 (law enactment month in parentheses):
Oahu County: 20,654 tickets (July 2009)
Hawaii County: 1,359 tickets (January 2010)
Kauai County: 930 tickets (May 2010)
Maui County: 964 tickets (July 2010)

source: Attorney General’s Office as reported by the Honolulu Star-Advertiser

Distracted drivers in Pearl City and Kalihi were the targets as Honolulu police ran a sweep on the weekend of June 24, 2011. Almost 110 citations were handed out for illegal use of cell phones while driving. Police said they would continue sweeps across the island.

Police say they’ve issued more than 20,000 citations (as of June 2011) since the Oahu county law against electronic distracted driving went into effect in the summer of 2009. In 2010, police issued 10,101 tickets. In the first four months of 2011, the number was 3,757.

Honolulu was looking into expanding its ban on using handheld electronic devices while driving to pedestrians. The ordinance (Bill 43) would have prohibited pedestrians from crossing streets while using mobile electronic devices such as a cell phones, video games, laptops or cameras. Local police opposed the distracted pedestrian plan as “over broad.” OK’d on first reading May 11 but appears dead.

2011 legislation (dead):
HB 623: Makes it a petty misdemeanor to operate a motor vehicle while using a text messaging device or otherwise accessing the Internet. Voice-operated or hands-free technology OK. Recommended by the Transportation Committee on Feb. 7 and sent to the Judiciary Committee. (Evans)

HB 1184: Would direct state to turn over to county law enforcement any revenue from tickets issued for drivers’ use of mobile electronic devices. (Tokioka)

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.”

Maui banned use of handheld electronic devices while driving. The mayor signed legislation into law on July 6, 2010. The ban, which includes text messaging and handheld cell phones, took 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, 2010. Honolulu also has banned the holding of electronic devices while driving. The law includes cell phones and text messaging devices.

Archived 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.

Next Page »