U.S. cell phone, texting laws at a glance

An up-to-date listing of cell phone and texting restrictions across the States. Click on the state’s name to view a full report on distracted driving laws and legislation.

Alabama: No limits on cell phone use or texting.

Alaska: Drivers are banned from text-messaging or watching videos.

Arizona: School bus operators prohibited from using cell phones while driving. In Phoenix, drivers prohibited from using “personal digital assistants to send or receive a written message” (texting). In Tucson, drivers banned from text messaging as of April 1, 2012.

Arkansas: All drivers prohibited from text messaging. Drivers under 18 may not use cell phones, regardless of whether a hands-free device is employed. Drivers 18-20 must use hands-free attachments while talking on cell phones. School bus operators prohibited from using cell phones while driving.

California: Texting while driving outlawed. Adult drivers (18 and older) must use hands-free devices while talking on mobile phones. Minors are prohibited from using wireless phones while driving — with or without hands-free devices. School bus operators and transit bus drivers prohibited from using cell phones while driving.

Colorado: Text messaging banned for all drivers. Minors (under 18) may not use cell phones while behind the wheel. Drivers with learner’s permits prohibited from using cell phones.

Connecticut: Texting outlawed for all drivers. Adult drivers (18 and older) must use hands-free devices when using mobile phones. Minors are prohibited from using wireless phones while driving — with or without hands-free devices. School bus operators prohibited from using cell phones while driving.

Delaware: Text messaging prohibited. Drivers with learner’s permits prohibited from using cell phones. School bus operators prohibited from using cell phones while driving.

District of Columbia: Drivers must use hands-free devices. Drivers with learner’s permits prohibited from using cell phones. School bus operators prohibited from using cell phones while driving.

Florida: No limits on cell phone use or text messaging.

Georgia: Text messaging banned for all drivers. Drivers under the age of 18 prohibited from use of all cell phones. School bus operators prohibited from using cell phones while driving, if passengers are present.

Hawaii: No statewide limits on texting or cell phone use but all Hawaiian counties have laws against use of handheld wireless devices while driving.

Idaho: No limits on cell phone use or text messaging.

Illinois: Text messaging prohibited for all drivers. Cell phone use prohibited in school speed zones and construction zones. Drivers under the age of 19 are prohibited from using wireless phones while driving — with or without hands-free devices. School bus operators prohibited from using cell phones while driving if passengers are present. In Chicago, all drivers must use hands-free devices.

Indiana: Text messaging prohibited for all drivers while vehicle is in motion. Drivers under the age of 18 may not use cell phones, text messaging units or other wireless telecommunications devices.

Iowa: No limits on cell phone use. Text messaging banned for all drivers; teens with restricted licenses prohibited from using all handheld electronic devices (including cell phones) while behind the wheel.

Kansas: Text messaging outlawed for all drivers. Drivers with permit licenses banned from use of cell phones or texting devices.

Kentucky: Text messaging prohibited for all drivers. Use of all personal communications devices banned for drivers under 18 years of age. School bus operators prohibited from non-official use of cell phones while transporting children.

Louisiana: Text messaging banned for all drivers. Drivers under 18 may not use cell phones or text-messaging devices. Drivers licensed for under a year may not use cell phones without hands-free devices.

Maine: Texting while driving outlawed for all drivers (includes email and IM). Maine has a general law against distracted driving that could bring tickets for cell phone use and text messaging. Drivers under the age of 18 prohibited from using cell phones while driving. Drivers with learner’s permits or intermediate licenses prohibited from using cell phones while driving.

Maryland: Text messaging prohibited for all drivers. Cell phone use while driving is prohibited unless a hands-free device is employed. Drivers under the age of 18 and drivers with learner’s permits or intermediate licenses are prohibited from use of all cell phones.

Massachusetts: Texting prohibited while driving. Use of all cell phones prohibited for drivers who are 16 and 17 years old. School bus operators prohibited from using cell phones while driving.

Michigan: Text messaging outlawed for all drivers. In Detroit, drivers must use hands-free devices.

Minnesota: Drivers under the age of 18 with learner’s permits or intermediate licenses are prohibited from using cell phones while driving. Text messaging banned for all drivers.

Mississippi: Text messaging prohibited for drivers with restricted licenses.

Missouri: Text messaging prohibited for drivers age 21 or younger.

Montana: No limits on cell phone use or text messaging.

Nebraska: Text messaging outlawed for all drivers on Nebraska’s roads and highways. Drivers under the age of 18 with learner’s permits or intermediate licenses are prohibited from using cell phones.

Nevada: Handheld cell phone use and text messaging prohibited for all drivers.

New Hampshire: Text messaging and use of electronic devices with two hands are banned for all drivers. No limits on cell phone use.

New Jersey: Drivers must use hands-free devices. Text messaging and use of video games prohibited while driving. School bus operators prohibited from using cell phones while driving. Drivers with learner’s permits or probationary licenses are prohibited from using cell phones and other portable wireless electronic devices while driving (includes iPods and devices with hands-free accessories).

New Mexico: No statewide limits on cell phone use or text messaging. Some local ordinances.

New York: Drivers must use hands-free devices for cell phone calls. Text messaging and related Internet use outlawed. Some cities and counties in New York have separate bans on text messaging by drivers.

North Carolina: Text messaging prohibited for all drivers. Motorists under the age of 18 with provisional licenses are prohibited from using cell phones while driving, unless calling parents. School bus operators prohibited from using cell phones while driving.

North Dakota: Text messaging prohibited for all drivers. Drivers under 18 prohibited from using electronic communications devices, including cell phones.

Ohio: No statewide limits on cell phone use or text messaging. Toledo, Columbus and a handful of other cities ban texting & driving.

Oklahoma: Inattentive driver law could lead to citations involving cell phones or text messaging. Teen drivers (with junior/restricted licenses) barred from using handheld electronic devices while vehicle is moving.

Oregon: Use of handheld cell phones outlawed for all drivers. Text messaging banned for all drivers. Cell phones use with hands-free attachments are allowed only for drivers over 18 years of age. Drivers under the age of 18 are prohibited from using cell phones or text messaging while driving.

Pennsylvania: Texting and driving outlawed. No statewide limits on cell phone use. Some local ordinances.

Rhode Island: Text messaging prohibited for all drivers. Those under the age of 18 also are banned from using cell phones while driving. School bus operators prohibited from using cell phones while driving.

South Carolina: No limits on cell phone use or text messaging.

South Dakota: No limits on cell phone use or text messaging.

Tennessee: Text messaging outlawed for all drivers. Drivers with learner’s permits or intermediate licenses are prohibited from using cell phones while driving. School bus operators prohibited from using cell phones while driving, if passengers are present.

Texas: Drivers with intermediate licenses are prohibited from using cell phones while driving. School bus operators prohibited from using cell phones while driving, if passengers under 18 are present. Drivers under the age of 17 with restricted licenses are prohibited from using wireless communications devices. Drivers prohibited from using handheld devices in school crossing zones.

Utah: Text messaging outlawed for all drivers. No limits on cell phone use.

Vermont: Texting prohibited for all drivers. Drivers under the age of 18 prohibited from using cell phones.

Virginia: Text messaging illegal for all drivers. Drivers with intermediate licenses are prohibited from using cell phones while driving.

Washington: Text messaging prohibited while driving. Drivers must use hands-free devices.

West Virginia: Drivers under age 18 with learner’s permits/intermediate licenses are prohibited from using all wireless communication devices. School bus drivers prohibited from using cell phones while operating the vehicles. New law: Text messaging and handheld cell phone use prohibited for all drivers, effective July 1, 2012.

Wisconsin: Writing and sending of text messages banned for drivers whose vehicles are in motion. OK to read texts. No limits on cell phone use. The state does have a general distracted driving law under which tickets for unsafe cell phone use can be handed out.

Wyoming: Text messaging prohibited for all drivers. No limits on cell phone use.

Guam and the Virgin Islands prohibit all handheld cell phone use while driving.

Interstate truck drivers and bus drivers prohibited from handheld cell phone use and text messaging, due to federal regulations that went into effect Jan. 3, 2012.

Kentucky: Cell phone laws, legislation

Cell phone, text messaging update: About 150 tickets were written in the first six months of active enforcement of Kentucky’s distracted driving law, local reports say.

Police began writing tickets Jan. 1, 2011. The ban on texting by all drivers actually took effect in July 2010. Statewide law also bans use of all personal communications devices by drivers under 18.

Fines for distracted driving citations are $25 (first offense) and then $50, plus court costs.

Current prohibitions:

• Text messaging prohibited for all drivers while the vehicle is in motion. Fines are $25 (first offense) and then $50, plus court costs.
• Use of personal handheld electronics banned for drivers under 18 years of age. (Fines same as above, plus drivers with restricted licenses must wait 180 days to apply for regular license.)
• School bus operators prohibited from unofficial use of cell phones while transporting children.

Distracted driving notes:
In 2009, more than 200 fatalities on Kentucky’s roads and highways were blamed on distracted driving. The total number of accidents pinned on inattentive drivers totaled 57,000.

2010 legislation:
HB 415: Outlaws text messaging for all drivers and bans the use of personal communications devices by motorists under the age of 18 with learner’s permits. Fines are $25 (first offense) and then $50, plus court costs. Approved by the House and Senate on April 1, and then signed into law by the governor on April 15. (Incorporates SB 23, below.) The law took effect July 15, with a warning period that lasts until the start of 2011. Latest action: Full enforcement began Jan. 1, 2011.

SB 23: Would prohibit texting while driving on Kentucky’s roads and highways. Would ban the use of personal communications devices by motorists under the age of 18 with learner’s permits. Bill was ported over to HB 415, above, and approved by the House and Senate. (Harper Angel)

HB 43: Would ban texting while behind the wheel. Also seeks to outlaw use of all personal communications devices by drivers under the age of 18 (amendment). Fines $20-$100. Approved by the House Transportation Committee on Jan. 26 and then by the full House on Feb. 4. Advanced to the Senate. (Richards)

HB 27: Would outlaw text messaging in Kentucky for all drivers and ban the use of cell phones by motorists under the age of 18. Fine of $50. (Nelson)

HB 232: Seeks to outlaw text messaging and use of handheld cell phones by all drivers. Cell phone use OK with a hands-free device. Fines $20-$100 after a first-violation warning. Did not clear committee. (Burch)

Legislation notes:
Gov. Steve Beshear’s signing of the new distracted driving law was no surprise. He said April 1: “The texting bill is a common-sense bill to protect all Kentucky drivers. Regardless of whether you personally text while driving, another nearby driver may be distracted by typing out a message.” He banned texting for state employees in 2009.

Rep. Tom Riner, sponsor of HB 415, said after it became law: “If citizens knew all the obstacles facing its passage, they would agree that the final passage of HB 415 was nothing short of a miracle.” Riner, D-Louisville, said the law was “guaranteed to save lives.”

Rep. Jody Richards, D-Bowling Green, saw his HB 43 clear the House Transportation Committee on Jan. 26, 2010, and then the full House on Feb. 4. The House vote was 80-16 with all opposition coming from Republicans. The text-messaging plan now goes to the Senate.

Rep. Keith Hall, D-Phelps, was opposed to HB 43 until the night before the vote. That’s when his wife was involved in a serious accident while distracted by her ringing cell phone. “That’ll give you an epiphany,” he told the House the next day. “That’ll give you a wake-up call.” Hall voted yes.

Sen. Denise Harper Angel, D-Louisville, author of the anti-texting plan SB 23, says: “Communicating through electronic devices has become important in our daily lives, but drivers need to understand the dangers of texting while driving. Statistics indicate that a person texting while driving is 23 times more likely to be involved in an automobile accident.”

Gov. Beshear on Dec. 16, 2009, issued an executive order prohibiting Kentucky government employees from texting while driving state vehicles. It does not cover drivers’ use of cell phones. “You can obviously continue to view the roadway while you are talking on the telephone. You have to take your eyes off of the roadway when you’re trying to text message,” Beshear said. “With nearly 34,000 civilian employees, state government can and should demonstrate leadership in reducing the dangers of text messaging while driving. I’m committed to leading by example.” The texting ban is now in effect.

Rep. Rick Nelson, D-Middlesboro, who introduced HB 27, was the author of last session’s HB 46 (below).

In the past two years, more than 400 people in Kentucky died in distracted driving-related accidents, a state report showed. In 2008, 24 teenagers died in Kentucky because of distracted driving.

2009 Kentucky cell phone / texting legislation:
HB 41 (BR 135): Would ban use of wireless communication devices by drivers not employing a hands-free device. Died in committee.

HB 46 (BR 267): Would ban use of all wireless communication devices by drivers under 18, regardless of whether a hands-free device is employed. Died in committee.

2009 legislation notes:

HB 41, from the 2009 session, called for the use of handheld personal communications devices as a secondary offense, with fines between $20 and $100. Including but not limited to cell phones and text messaging devices. The sponsor was Rep. David Floyd, R-Bardstown.

HB 46 was sponsored by Rep. Rick Nelson. The ban for drivers under 18 would have included cell phones and text messaging devices, regardless of whether a hands-free accessory is in use. Motorcycle and moped riders also would have been prohibited from use of wireless devices. Young offenders would have been subject to an additional 180 days of waiting to get a more advanced driver’s license.

“(Teen drivers) are at a stage of their driving career where they’re not as experienced,” Nelson said. “So maybe we can save some teenage lives and stop some accidents.”

Lexington Herald-Ledger columnist Tom Eblen wrote about texting and cell phone laws: “Remember when drunken driving was treated with a wink and a nod? It took high-profile campaigns by Mothers against Drunk Driving and other groups to make it socially and legally unacceptable.

“What will it take to make us acknowledge the danger of gadget-impaired driving?”

Colorado: Cell phone laws, legislation

Cell phone, text-messaging news: Only one piece of distracted driving legislation was before lawmakers in 2012: The return of a bill that revises the existing state prohibition against video screens visible to drivers. Senate Bill 12 was approved by the House and Senate, and sent to the governor.

There will be no handheld cell phone measures in 2012, apparently. The author of Colorado’s text messaging law, Rep. Claire Levy, said late in the session that she would not introduce a bill due to ongoing resistance from House Speaker Frank McNulty.

In 2009, Levy’s hands-free bill was approved by the House after wrenching testimony from a mother who lost her 9-year-old to a cell phone-related accident. It was watered down in the Senate to include only bans on text messaging and cell phoning by teen drivers. The weakened legislation was signed by Gov. Bill Ritter on June 1, 2009, and went into effect Dec. 1, 2009.

Current prohibitions:

• Text messaging prohibited for all drivers in Colorado.
• Drivers under 18 are prohibited from using cell phones as well as text messaging.
• Colorado law prohibits drivers with any type of instruction permit from using a “mobile communication device,” including cell phones and text messaging units. This includes instruction permit holders of all ages.

Distracted driving legislation 2012:
SB 12 (12-092): Would eliminate the current ban on video devices that are not located behind the driver’s seat. Would outlaw operating a vehicle while a video screen is visible to the driver. Inserts language approving use of computers, data terminals and safety equipment provided they do not display “visual entertainment” — Internet, email, social media — to the driver. Similar to SB 14 of 2011 but amended by both Houses. OK’d by the Senate Transportation Committee in a 7-0 vote taken Feb. 14. Approved by the Senate on Feb. 23. Approved by the House Transportation Committee in a 12-1 vote of March 15 and then by the full House on March 27. Senate then OK’d House changes. Latest legislative action: To the governor. (Jahn)

2011 legislation:
SB 14: Would eliminate the current ban on video devices that are not located behind the driver’s seat. Seeks to allow use of screens that are not visible to the driver. Specifies that screens must not be allowed to display “visual entertainment” to the driver. Postponed indefinitely by the Senate Transportation Committee on Jan. 25, 2011. (Jahn)

2010 legislation:
No bills related to drivers’ use of handheld cell phones or text messaging were introduced.

2010 legislation notes:
The Colorado State Patrol said it has issued 90 texting while driving citations since it went into effect in December 2009 (as of late April).

U.S. Rep. Betsy Markey, D-Fort Collins, has proposed “Erica’s Law,” which would penalize states that do not outlaw use of cell phones in school zones. The federal distracted driving legislation is named after 9-year-old Erica Forney, who was killed by an SUV driver using a cell phone. The girl was biking home after school. Erica lived in Markey’s district of Fort Collins.

Boulder’s County sheriff calls the Colorado text-messaging ban “a feel good law” that he won’t be enforcing to the letter. As in not pulling over drivers for simply using a phone or pushing buttons. Sheriff Joe Pelle said his department’s emphasis would be on “bad driving.” The bill that became law was authored by Rep. Claire Levy, D-Boulder.

2009 legislation:
HB 1094: Would require hands-free accessories for drivers using cell phones. Would prohibit drivers under 18 from using cell phones regardless of whether a hands-free device is attached. Would ban cell phone use by school drivers and motor vehicle carriers regulated by the public utilities commission. On May 4 2009, the Senate removed the cell phone restrictions for all drivers and returned it to the House. The amended texting legislation then was signed by Gov. Bill Ritter on June 1. The law took effect Dec. 1. (Levy)

2009 cell phone, texting legislation notes:
Fines for violating Colorado’s new texting law are $50 for the first offense and $100 thereafter.

The cell phone legislation HB 1094 came under heavy fire in the Senate, where it was reduced to bans on text messaging for all drivers and cell phone use by those under 18.

Gov. Bill Ritter signed the text-messaging ban in Fort Collins, home of schoolgirl Erica Forney, who was killed by a texting driver.

HB 1094 initially was approved by the Colorado House in a 39-25 vote on April 8, 2009. The bill was then approved by the Senate Finance Committee on April 23 and sent to appropriations.

The House Transportation Committee approved HB 1094 on Feb. 3, 2009, after hearing testimony from the mother of 9-year-old Erica Forney, killed by a driver using a cell phone. The vote was 8-2. “Cell-phone use and text messaging have gotten out of control and is literally killing people,” sponsor Rep. Claire Levy, D-Boulder, said.

“People are dying,” testified the mother, Shelley Forney. “People are severely injured, and there are no laws in place preventing people from talking or texting on their phones.” The painful testimony moved several committee members to tears.

Rep. Levy says of her HB 1094: “What part of you is focused on the task of driving when you’re reading, entering text and thinking about what you’re composing?” she asked. “I can’t imagine how that’s safe.” Violations of the law would be primary offenses with fines of up to $100.

Loveland, home of 9-year-old Erica Forney, the girl who was killed, is considering its own handheld cell phone ban in the wake of the state Legislature’s actions. The proposal is expected to go before the City Council by mid-August.

Sen. Bob Bacon and Rep. Randy Fischer, both D-Fort Collins, co-sponsor the Levy bill in 2009. Two bicyclists in their region were killed recently in cell phone-related accidents. Fischer is on the House Transportation Committee. “We really need to get out in front of this with some meaningful public policy,” Fischer said. “We should have addressed this 10 or 15 years ago.”

In 2007, the state House transportation committee killed a bill by Rep. Paul Weissman, D-Lousiville, that would have doubled penalties and fines against “distracted drivers” — including those on cell phones. HB 1006 was seen as a way to do something about distracted drivers without criminalizing their behavior, according to news reports. (Weissman did not file a similar bill in 2008.)

The law banning instruction permit holders from using cell phones and PDAs was approved by the Assembly in April 2005.

Cell phone use by drivers is prohibited on the state’s major military bases, including Fort Carson and the Air Force Academy.

The Colorado Springs Gazette editorial page has urged that, “Before banning cell phones on Colorado’s roadways, other driver distractions should also be considered.”

Colorado state troopers have been reporting cell phone involvement in accidents since Jan. 1, 2007, with study results expected in 2008.

Wisconsin: Cell phone laws, legislation

Cell phone, texting update: State Rep. Peter Barca’s plan to ban use of all cell phones by teen drivers has been approved unanimously by the House and Senate. The governor’s office said March 14 that he has not decided whether to sign the measure (Assembly Bill 291).

Barca, D-Kenosha, pushed through AB 496, the 2010 measure that became Wisconsin’s anti-texting law. Wisconsin was the 25th state to outlaw texting while behind the wheel.

At least three distracted driving bills were filed for the 2011-2012 legislative session (below). None seeks to ban use of handheld cell phones by all drivers.

Current prohibitions:

• Text messaging outlawed for all drivers. Fines from $20 to $400 with a possible 4 points against the driver’s license.
• The state outlaws distracted driving, or “being so engaged or occupied as to interfere with the safe driving of that vehicle.” The fine is $173 and 4 points.

Distracted driving notes:
Wisconsin’s new ban on text messaging while driving specifically prohibits the writing and transmitting of messages while the vehicle is in motion. It does not outlaw the reading of text messages or use of the Internet. Police say they’ll fall back on the inattentive driving law if other activities on handheld electronic devices lead to unsafe behaviors.

Law officers in Green Bay have written two tickets in the first 11 months of the state’s texting and driving law. Police and deputies blame the texting law itself, which allows typing on handheld devices in order to make a cell phone call. Wisconsin Assembly Bill 496 sponsor Rep. Peter Barca told WBAY: “The goal of the text-messaging ban was not to be able to issue all kinds of citations to make revenue for our community. It really was to try to help communicate how dangerous of a practice it is to text while driving.”

State Rep. Dean Kaufert, R-Neenah, correctly predicted that legislation limiting use of cell phones while driving would not succeed in 2011. “Many legislators were reluctant to go any further (at the time of the texting ban’s approval),” he told Gannett Wisconsin. “There’s not a huge outcry to ban cell phones.”

State officials say 18 percent of Wisconsin’s vehicle crashes in 2009 were caused by distracted drivers.

2011-2012 distracted driving legislation:
Assembly Bill 291: Would prohibit use of all cell phones and other wireless handheld communications devices by drivers under the age of 18 with probationary licenses and instruction permits. Fines: $20-$40 (first offense), then $50-$100. (Original bill’s fines were $50, then $50-$100.) Amended and then approved by the Assembly in a unanimous vote of Feb. 21. Approved by the Senate Transportation Committee in a 4-1 vote taken March 12. Latest legislative action: Approved by the Senate (without changes) on March 13. Governor apparently undecided. (Bernier, Petrowski)

AB 131: Would prohibit a school bus driver or any driver involved in “pupil transportation services” from using a cellular telephone or other wireless telecommunications device while the vehicle is on the roadway or loading or unloading passengers. Fine: $200 then up to $500. With second conviction, loss of school bus license for six months. (Kerkman)

AB 206: Would add cable TV and satellite TV to current prohibition against drivers’ viewing of broadcast signals. Also prohibits drivers from viewing “fluctuating images” (catch-all term). Creates category of inattentive driving targeting any viewing of entertainment content by drivers. (Bies)

2010 legislation:
Wisconsin Assembly Bill 496: Would outlaw text messaging while driving. Fines from $20 to $400 (formerly $100-$800). The Assembly Transportation Committee voted 12-0 to approve the bill on Nov. 10, 2009. Approved by the full Assembly on Jan. 19, 2010, and sent to Senate, which amended and signed off on the bill April 13. Final approval came in the Assembly on May 4 and AB 496 was sent to the governor, who signed the legislation May 5. (Barca)

Wisconsin Senate Bill 103: Would prohibit use of text messaging devices while driving on state roads and highways. Approved by the state Senate in a 27-5 bipartisan vote on Oct. 20, 2009. The Assembly approved its version, AB 496, above, on Jan. 19. (Lasee)

AB 341: Would prohibit any under age 18 who is driving under an instruction permit or probationary license from using a cell phone of any kind, or other wireless telecommunications devices if they are not installed in the vehicle. Last seen in Assembly Rules Committee. (Pasch)

SB 91: Would ban school bus drivers from using cell phones or other wireless communications devices while transporting students. Approved by the Senate Transportation Committee in a unanimous vote on Sept. 16, 2009, and sent to the Rules Committee. (Carpenter)

SB 355: Seeks to outlaw text messaging while driving. Sent to Senate Transportation Committee on Oct. 16, 2009. (Lehman)

2010 legislation notes:
Rep. Peter Barca, D-Kenosha, saw his anti-text messaging legislation AB 496 approved by the full Assembly in an 89-6 vote on Jan. 19. The Senate passed its version, SB 103, in October. Fines and penalties are the only differences of note between the two bills.

“We don’t foresee a problem with the Barca bill,” a spokeswoman for state Sen. Russ Decker, D-Weston, told the Wisconsin State Journal in a story on the text messaging bill passage.

Assembly Majority Leader Tom Nelson, D-Kaukauna, made it a priority to schedule a vote on the text messaging bill AB 496 when the 2010 session began.

The Wisconsin teen-driving bill, AB 341, would bring fines of up to $40 for a first offense and up to $100 for subsequent violations in the same year. Sponsor Rep. Sandy Pasch, D-Whitefish Bay, is not in favor of expanding the bill to include all drivers. “Many people are still reluctant to give up their cell phones, despite the evidence.” The bill received an Assembly committee hearing on Sept. 10, 2009.

The text messaging bill SB 103 would bring fines of between $100 and $400 for first offenses; between $200 and $400 for subsequent offenses; and between $300 and $2,000 for causing bodily harm while texting. 30-day jail terms could apply for injury accidents. State Sen. Alan Lasee, R-De Pere, is the sponsor. The bill was approved by the transportation committee on July 17, 2009. Lasee agreed to change the bill to include just drivers under 18, but Republicans pushed for the plan to cover all drivers before passage on Oct. 20. The text messaging ban was sent to the Assembly and approved by its Transportation Committee.

A similar bill on driving while text messaging — SB 355 — passed the Senate but ultimately failed last year.

“It does not take a rocket scientist to come to the conclusion that text messaging is one of the most dangerous things that one can do while driving,” Lasee has said. “This is no different than writing out Christmas cards to your family while driving down the road, and it is an accident waiting to happen.”

The city of Black Rock is considering a ban on cell phone use for all drivers.

State Rep. Jerry Petrowski, R-Marathon, has three times proposed bans on teenage drivers using cell phones and text-messaging devices.

Here’s a scary one: Two teenage girls in the Town of Rietbrock were both cited for driving while drinking and text messaging. They crashed their car and it rolled over. Apparently the passenger was steering while the driver text messaged.

Regional ordinances
Waupaca County has banned handheld cell phone use by drivers and text messaging, but the sheriff has refused to enforce the mobile phone ordinance. “I think the right way to go about it is statewide,” Sheriff Brad Hardel said. “I would prefer to use it as a warning and educational device at this point.”

The city of Kenosha has banned text messaging while driving. The ordinance was approved in November 2008.

Illinois: Cell phone & texting laws, legislation

Cell phone, texting news: The Illinois House has approved Rep. John D’Amico’s plan to ban use of handheld cell phones while driving. Primary enforcement with fines from $75 to $150. Text messaging already is illegal for Illinois drivers. Use of cell phones with hands-free devices OK.

An Evanston City Council committee has approved a total ban on use of cell phones and other portable electronic devices while driving — handheld or hands-free. The plan, if approved by the City Council in April, would be the nation’s most restrictive distracted driving law. In 2010, the Chicago suburb banned the use of handheld cell phones and text messaging while driving.

Senate President John Cullerton says “it might be inevitable” that Illinois will ban the use of cell phones by drivers.

“There’s not a big difference between whether you’re holding a phone or whether you’re not holding a phone,” Cullerton, D-Chicago, told the State Journal Register on Jan. 3, 2012. “It’s not what’s in your hand, it’s what’s in your head.”

Cullerton, who has sponsored several bills on highway safety, says he left the introduction of distracted driving legislation to other legislators, however. State Reps. Karen May and D’Amico filed identical handheld cell phone measures (below). Sen. John Millner chimed in with a general distracted driving measure that includes grooming and eating.

Illinois State Police say they’ve issued 19,540 citations and written warnings since the state’s first distracted driving law took effect on Jan. 1, 2010.

Current prohibitions:

• Drivers 18 and younger are prohibited from using wireless phones while driving — with or without hands-free devices.
• All drivers prohibited from text messaging and related activities such as emailing and Internet use.
• Motorists prohibited from use of cellular phones in school speed zones and construction/road maintenance zones.
• In Chicago, all drivers talking on mobile phones must use hands-free devices. Text messaging prohibited while driving. Fines: $100-$500.
• At least 10 other municipalities have their own handheld cell phone laws. They include Highland Park, Winnetka, Evanston and Deerfield.

Read the Illinois text messaging law.

2012 cell phone/text messaging legislation:
House Bill 3972: Seeks to prohibit use of handheld electronic devices by drivers. Includes use of cell phones. Hands free and voice-operated OK. Fines: $75, then $100, then $125, then $150. Similar to HB 3970, above. Amended and approved by the Transportation: Vehicles and Safety Committee on Feb. 8 (voice vote). Amended by the House on Feb. 21 to specifically exempt two-way radio and citizens band. Latest legislative action: Approved by the House in a 62-53 vote of March 8. To the Senate. (House: D’Amico) (Senate: Mulroe)

HB 5099: Would prohibit use of cell phones within 500 feet of an emergency scene. Exempts reporting of the emergency. Adds “digital photo” and video to definition of electronic messages. Similar to SB 3663, below. Appears to be a repeat of 2011′s HB 1984. Approved by House Transportation Committee on Feb. 29. Latest legislative action: Approved by the House in a 62-38 vote taken March 9. To the Senate (House: Costello) (Senate: Haine)

HB 3970: Would outlaw use of handheld electronic communications devices while driving. Includes use of cell phones. Hands-free operation OK. (May)

HB 4009: Would change definition of highway work zones for purposes of the existing cell phone ban in those areas. (May)

HB 5325: Would punish drivers under 18 who violate the text messaging law with license or permit cancellation. No new license for six months, or until driver turns 18. (Eddy)

HB 5863: Would change prohibition against use of a cell phone in a construction or maintenance speed zone to apply only when workers are present. Allows for cell phone use while driver is in a traffic jam caused by the construction. Held by Transportation Committee on March 27. (Rose)

Senate Bill 3537: Seeks to create a general prohibition against distracted driving. Includes use of a “wireless telephone or other electronic communication device,” texting, grooming, eating. Violators must commit another offense while distracted. Moving violation with secondary enforcement. “Held” by Criminal Law Committee on March 27. (Millner)

SB 3663: Would bar use of cell phones within 500 feet of an emergency scene. Similar to HB 5099, above. Approved by the Criminal Law Committee on March 7. Approved by the Senate in a unanimous vote March 29. (Senate: Haine) (House: Mathias)

Distracted driving notes (2012):
Rep. Jerry Costello II, D-Smithton, wrote his HB 5099 in order to protect law officers and other emergency workers. It would prohibit the use of handheld cell phones within 500 feet of an emergency zones. In February 2010, a state trooper making a stop was seriously injured by a motorist distracted by her cell phone call. “The Illinois State Police is pleading with the motoring public to please try to eliminate all the distractions in your vehicle, including electronic devices,” State Police said in response. Costello’s bill was approved by the House on March 9.

Rep. John D’Amico, D-Chicago, said of his plan for a handheld cell phone ban: “What we want to do is put some teeth into it and make it a ticketable offense” — as in a moving violation. Infractions of the state’s existing laws are now basically equipment violations. D’Amico and his Transportation: Vehicles and Safety Committee fine-tuned and approved his House Bill 3972 on Feb. 8. The House followed March 8.

D’Amico hopes his HB 3972 will unwrap the crazy quilt of handheld cell phone laws across the state: “You go from town to town, and you don’t know what the law is,” he said.

State Rep. Karen May says her hands-free bill (HB 3970) is not “slam dunk legislation, but I think it has a chance to pass. “I view this as just moving the ball down the court,” she told the St. Louis Post-Dispatch.

Sen. John Millner, R-West Chicago, says his general distracted driving bill is for “the people who can’t chew gum and walk.”

About 4,100 traffic stops were made in 2011 for violations of Illinois’ prohibitions on texting while driving and using cell phones while driving through school zones and construction zones. Texting drivers received 839 tickets, while violators in the restricted zones piled up 1,880, state police said. The number of stops is almost half of those made in 2010.

The Secretary of State’s Advisory Committee on Traffic Safety was expected to meet in January in an effort to find ways to cut down on deaths and injuries from distracted driving and other causes. The panel was created by a legislative joint resolution in November.

Lake Forest is studying two plans targeting cell phone users and other distracted drivers. The City Council debated the proposed ordinances Jan. 3, 2012, but took no immediate action. The conversation is expected to continue Feb. 21. The police chief favors a straight ban on handheld cell phones, while the other proposal takes aim at a variety of distracted behaviors such as eating and grooming. Northern neighbor Lake Bluff has begun talks about similar laws with the backing of its police.

As the year began, Illinois State Police warned commercial truckers that they’ll be subject to citations under the new federal ban on handheld mobile devices. The state also adjusted its speed limit for trucks with the New Year.

An Evanston alderwoman says she’ll push for a total ban on cell phone use by drivers in the Chicago-area municipality. Jane Grover of the 7th District was behind the 2010 ordinance that banned handheld cell phone use by local drivers. “I’m just hoping that we have a really robust discussion about cognitive impairment and the dangers of driving while operating a cell phone — even if we aren’t successful in banning hands-free phone use,” she told the Daily Northwestern. A recent study of suburban ticketing found Illinois’ existing distracted driving laws were barely being enforced.

2011-12 cell phone/text messaging legislation (still pending):
House Bill 3849: Would apply laws regarding use of electronic communication devices while driving to bicyclists. Hands free OK. Bicyclists may use devices on shoulder of road. Approved by the Transportation Committee on Feb. 8, 2012. (Cassidy)

HJR 8: Calls on state, county and municipal law enforcement officers to log instances of cell phone involvement in vehicle crashes. Would create statewide study of that data starting in January 2012 (or 2013 per amendment). Latest legislative action: Resolution adopted by the House on May 31. (Bradley)

HB 865: Creates the Cellular Phone Use and Automobile Accidents Reporting Act, which would require state, county and local law enforcement officers to report on any cell phone involvement in a vehicle crash. Two-year study of the results would begin January 2013. Latest legislative action: Approved by the House on April 12, 2011. Sent to the Senate on May 11. No activity since. (D’Amico)

SB 2135: Would mandate teaching of distracted driving dangers — such as cell phone use and text messaging — by all commercial driver training schoolteachers. Stalled in Senate (Assignments) since July 23. (Garrett)

HB 2185: Earmarks $1.5 million for the Department of Transportation for distracted driving education. No activity since Feb. 22. (Madigan)

HJR 35: Created Secretary of State’s Advisory Committee on Traffic Safety. Resolution adopted by both houses on Nov. 9. (D’Amico)

2011 distracted driving notes:
Deerfield’s law against use of handheld cell phones while driving took effect Nov. 1. Highland Park’s ban on handheld cell phone use while driving went into effect June 1, 2011. Lake Forest is considering a similar law.

Bicyclists in Chicago are prohibited from using handheld cell phones and texting as of November. Alderman Marge Laurino’s plan sailed through the City Council on Oct. 5.

Laurino, who describes herself as “proponent of cycling,” said the idea was to “level the field” with motorists, who are banned from texting and talking in city limits.

Fines are $20 to $50 (first offense) up to $100 (third violation). They can hit $500 if an accident results. Bicyclists will be allowed to make cell phone calls if a hands-free device is used.

Chicago police issued almost 23,300 tickets in 2010 for use of handheld cell phones in city limits. That record number of citations is up 73 percent since 2006, the first full year of the ban, the Chicago Tribune reported in November.

Deerfield’s village board has approved an ordinance that would ban use of handheld cell phones. The law went into effect Nov. 1, with police issuing warnings for a couple of weeks. Fines: $120-$500. The Deerfield board voted unanimously to ban hand-held cell phones on Oct. 19.

Illinois Secretary of State Jesse White is reconvening his advisory committee on distracted driving. The focus will be on education and public safety campaigns. “No driver has any business text messaging while they are driving,” White said in early June.

Miss Illinois Hannah Smith is using her time in the spotlight to campaign against distracted driving. She’s making her away around the state talking with high school students about the too-often tragic results of texting and driving. Miss South Dakota, who lost her brother in a wreck linked to distracted driving, also lobbied for an end to texting & talking while driving.

A House resolution approved May 31 calls upon Illinois law enforcement to track cell phone involvement in vehicle crashes. The results would be part of a two-year study to determine the dangers of cell phone use while behind the wheel.

Distracted driving due to texting or cell phone calls caused or contributed to more than 1,000 vehicle crashes in Illinois during 2010, preliminary figures show.

A Chicago alderman has floated a proposal that would require all cell phones sold in the city to come equipped with software that would prevent their use while driving. “Parents don’t have the knowledge, they don’t have the ability” to install apps that shut down cell phones when a vehicle is in motion, Alderman Edward Burke said May 4.

FocusDriven, the Department of Transportation and the National Safety Council hosted the Illinois Distracted Driving Summit on April 21. DOT chief Ray LaHood opened the conference by citing a “tremendous grassroots groundswell against distracted driving.” FocusDriven co-founder Jennifer Smith said, “I challenge families and friends of distracted driving victims nationwide to hold their own state summits and demand action in their communities.” Smith is an Illinois resident. The summit was in the village of Addison, west of Chicago.

The state started 2011 with a new “Drive Now. Text Later” campaign. Organizers pointed to a survey suggesting that as many as 40 percent of motorists on the Illinois Tollway don’t know it is illegal to text while driving on state roads and highways. State Trooper Starlena Wilson is one of the campaign’s founders; she suffered a broken hip and fractured leg in a distracted driving accident in 2010.

Highland Park’s City Council voted Jan. 10 and then again on Jan. 24 to prohibit handheld cell phone use while driving, after flirting with an all-out ban on cell phones. The new law goes into effect June 1, with fines of up to $75.

Highland Park Mayor Michael Belsky and council members Scott Levenfeld and Steven Mandelout held out for a complete cell phone ban. “I strongly feel that the (state) Legislature is not doing their job here,” Belsky said. “They should be looking at these things statewide.”

Highland Park’s new law makes violations primary offenses, an upgrade from the secondary status assigned in the city’s existing negligent driving ordinance. An October 2010 survey of residents found that 80 percent wanted a hands-free law, while 47 percent were in favor of a total ban (support overlapped).

Illinois state police reported in late December that they’ve stopped 7,800 drivers for cell phone and texting violations in 2010. Texting and driving led to almost a thousand tickets. The construction and school zone laws resulting in 4,236 citations and 2,629 warnings for the year.

Illinois residents who lost loved ones in distracted driving-related accidents can post temporary highway memorials as of Jan. 1, 2011. The existing law allowed for memorials only when drunken drivers were to blame.

2010 distracted driving notes:
Plainfield, a suburb of Chicago, has enacted a law against distracted driving. Before getting a ticket, offenders must exhibit poor driving linked to activities such as use of a cell phone, texting, eating or putting on makeup. Fines $120, no points. A 30-day warning period began in mid-October 2010. The Plainfield police chief called the new law “mostly a public relations gimmick” to raise awareness of the dangers of distracted driving among teenagers.

Chicago’s City Council increased penalties for talking on a handheld cell phone while driving as of Feb. 21, 2010. The fine for driving and cell-phoning increased from $20 to $100. If an accident results, the fine jumps to $500.

2010 cell phone/text messaging legislation:
HB 4937: Would expand the Illinois ban on text messaging while driving to include talking on handheld cell phones. Operation with hands-free accessories OK. (Beaubien)

HB 5454: Seeks to amend the text messaging law to include a ban use of all non-standard electronic communications devices such as handheld cell phones, text messaging devices, PDAs. Hands-free allowed. (May)

SB 3199: Rewrites law related to school bus drivers to mandate they carry an active cell phone or have a working two-way radio while on the job, for purposes of communicating with school officials. Final legislative approval in late April. Became state law July 16, 2010. (Rose-Eddy) Similar: SB 3199 and HB 6073.

HJR 0097: Joint resolution that would direct state police to compile statistics on cell phone use and accidents, and asks police to note cell phone use while reporting accidents. (Bradley)

2010 cell phone/texting legislation notes:
Evanston’s City Council has approved a ban on the use of handheld cell phones and text messaging while driving. Fines $50-$200. The Feb. 8 council vote was unanimous. Alderman Jane Grover said Jan. 5, 2010, that the intent is “to make our ordinance more seamless with Chicago’s.” She added later: “I’ve been thinking about it for years. Every time I drive in Chicago I put the phone away,” she said.

Parents picking up kids are confused by the state’s new ban on use of handheld cell phones while driving in school zones, according to the Chicago Tribune. Schools have been notifying parents and police appear to be mostly issuing informal warnings. The city of Oregon announced a crackdown on Feb. 23.

The statewide ban on texting while driving has not yielded a citation in the counties of Morgan, Scott, Greene, Brown and Schuyler, the Journal Courier reported March 8. Prosecutors blamed the lack of a handheld cell phone ban because texting and entering a number on a cell phone look the same from outside a vehicle.

2009 legislation:
Illinois House Bill 71: Outlaws text messaging while driving. Texting permitted if the vehicle is stopped in traffic. Fines are $75. Approved by the Illinois House on April 1, 2009, and by the Senate on May 19. Sent to the governor after final House approval on May 28. Signed into law on Aug. 6 and took effect Jan. 1, 2010.

Illinois House Bill 72: Would ban drivers from using cell phones in school speed zones and construction/road maintenance zones. Approved by the Illinois House on April 1 and by the Senate on May 19 and again by the House on May 28. Signed into law on Aug. 6 and took effect Jan. 1, 2010.

HB 349: Provides for “the offense of distracted driving,” including text messaging, reading a newspaper or map, applying make-up, etc. Bill apparently has been withdrawn by sponsor after unfavorable hearing in the House on March 3.

SB 29: Would penalize drivers who text message behind the wheel.

SB 1299: Would create the offense of driving with a screen device operating. Applies to TVs, video monitors, portable computers that are in full view of the driver. (Silverstein)

2009 legislation notes:
Heard at the text messaging law signing: “It’s really bad that we have to legislate logic,” said Secretary of State Jesse White, a promoter of the measure. “Common sense would tell you that when your eyes are off the road, who’s driving?”

Park Ridge considered, and then dropped, plans for a city ban on the use of handheld cell phones while driving. Police told the City Council on Dec. 15, 2009, that it would be “bad public relations.”

The House legislation that would outlaw texting for Illinois motorists was approved 89-27 in the House and 45-6 in the Senate, which has a traffic safety-friendly president.

Rep. John D’Amico, D-Chicago, sponsor of HB 71 and 72, had predicted that distracted-driving legislation in Illinois would “get a lot of traction” this year.

“I think this is one small step toward eventually banning hand-held cell phones like they do in Chicago, I think that’s where we’re going,” D’Amico told the Chicago Tribune.

An unusual objection to Rep. Robert Pritchard’s distracted driving bill HB 349 was that police would use the law to pull over black drivers and harass them. Sen. Kwame Raoul, D-Chicago, raised the issue in committee and voted against the text-messaging bill when it came to the Senate floor, saying it was “an invitation for abuse.”

Fines for driving and using a handheld cell phone in Chicago were increased by the City Council panel on Feb. 11, 2009. The fine for talking without a hands-free device is $100, from $75. Drivers involved in crashes while holding cell phones will pay a fine of $500, up from $200. The new fines will “drastically reduce the use of cell phones,” Traffic Committee chief Patrick O’Connor said. The Chicago fines for cell phoning and driving take effect Feb. 21.

Rep. Robert Pritchard, R-Hinckley, of HB 349 told the State Journal-Register: “I think we need to do something to encourage people to be more attentive to the art of driving. It is not something that we can put on automatic pilot.”

SB 140, which prohibits young drivers and school bus drivers from using cell phones, went into effect Jan. 1, 2008.

Chicago’s ban on hand-held cell phone use by drivers took effect in the summer of 2005. The ban on text messaging while driving was added in October 2008. “Drivers need to keep their eye on the road, not the Internet,” said Alderman Edward Burke, author of the texting bill.

A legal challenge to Chicago’s ordinance was thrown out of court in July 2008. A lawyer sought to have all tickets voided and fines returned. The judge ruled city street safety justified the ordinance. Violations in Chicago bring $75 fines.

HB 4739, which would have required adult drivers in Illinios to use hands-free devices on cell phones, was tabled (killed) by sponsor Rep. William Black, R-Danfield, in March 2008.

In 2006, the House and Senate ordered a DOT study of cell phone distractions and their role in traffic accidents.

A hands-free bill also was tabled in the House in 2007.

Texas: Cell phone laws, legislation

Texas legislation news: Gov. Rick Perry vetoed the Legislature’s plan to ban text messaging for all drivers, meaning Texas probably won’t see a statewide texting ban until at least 2014.

Perry called the distracted driving legislation a “government effort to micromanage the behavior of adults.” The veto came June 17. The law would have taken effect Sept. 1, 2011.

“The keys to dissuading drivers of all ages from texting while driving are information and education,” Perry said in his veto statement. He was campaigning for president at the time, wooing voters on the right.

The bill (HB 242) was given final legislative approval by the Senate and House in the late hours of May 29. The governor said people who supported the safety legislation should instead “work with state and local leaders to educate the public of these dangers.”

About a dozen bills addressing texting and driving were considered during the 2011 session. The full Legislature returns in 2013.

Two new Texas distracted driving laws are in effect: One banning teen drivers from using cell phones and text messaging devices; the other prohibiting drivers from using handheld cell phones in school crossing zones.

Current prohibitions:

• Drivers under the age of 18 are prohibited from using wireless communications devices.
• Learners permit holders are prohibited from using handheld cell phones in the first six months of driving.
• School bus operators prohibited from using cell phones while driving if children are present.
• Drivers prohibited from using handheld devices in school crossing zones.
• Dallas, San Antonio, Austin, Amarillo, Galveston, El Paso, Missouri City and Stephenville are among the Texas cities that have enacted local distracted driving laws.

Read the Texas statutes.

Distracted driving notes (2012):
Amarillo appears ready to enact a ban on text messaging while driving in city limits. The city traffic committee voted unanimously Jan. 18 to recommend the texting ban to the City Council. The full Council debated the plan Feb. 7 and then ordered several public hearings. The city already outlaws texting in school districts (see 2011 item below).

San Antonio’s school district fired a school bus driver in January after he was caught texting while transporting students. Texting and driving is illegal in the city.

2011 distracted driving notes:
Nacogdoches is the latest city in Texas to prohibit electronic messaging while driving. The ordinance should take effect in November, city officials said. Fines will top out at $500. The City Council vote came Oct. 18.

Odessa’s City Council rejected a proposed ban on texting while driving. There was no vote; no council member would second the motion to approve. The move reportedly didn’t sit well with citizens attending the meeting. One supporter of the ordinance, a former council member, was so upset he was escorted from the room by security.

Arlington’s City Council voted to ban text messaging while driving, in a 4-3 vote on Aug. 15, 2011. The proposed distracted driving ordinance is expected to win the final vote, expected in September. Fines would be $200.

Amarillo’s ban on use of cell phones while driving in school zones is now in effect. The law went into effect Aug. 22, at the beginning of the 2011-12 school year. First-time offenders are looking at a hit of $158, after fines and fees.

The Republican Texas Gov. Rick Perry isn’t singling out distracted driving legislation for vetoes. He killed another 22 bills June 17, with a personal best (or worst) of 83 bills vetoed back in 2000.

Kilgore’s City Council deadlocked on a plan to ban text messaging and handheld cell phone use while driving on July 26. The mayor then cast the deciding vote, killing the proposed ordinance. “Sure wish the state would have done something,” said the mayor, Ronnie Spradlin.

Arlington Mayor Robert Cluck is pushing for a municipal ban on text messaging while driving, as well as related behaviors such as playing computer games on smartphones. Handheld cell phones could be in the mix as well. “Distracted driving is a dangerous thing, just like driving while intoxicated,” Cluck said after the governor vetoed a statewide texting ban. The City Council is expected to take up the matter in August. A similar bid for an Arlington distracted driving law failed a year ago. “It’s going to make some people upset,” the mayor conceded.

Rep. Tom Craddick, R-Midland, authored state legislation that would have banned texting while driving, but the vetoed House Bill 242 wasn’t it. The original measure stalled, and so the ban was tacked on to another, unrelated Craddick bill (via amendment) in the Legislature’s final days.

Judith Zaffirini, D-Laredo, found an alternate route for the text messaging and driving ban envisioned in her stalled SB 46. She amended the wording onto an unrelated bill, HB 242, which then passed the Senate. Zaffirini’s maneuver had bipartisan support in a May 25 vote. “No text message or e-mail is important enough to risk injury or death on the road,” she said. “(The life saved) could be someone you love dearly.” The bill cleared the Legislature in the session’s final hours (May 29) and was sent to the governor.

Both the Austin and San Antonio police departments sent representatives to testify May 16 in support of House Bill 243, which was under consideration in the Senate Transportation Committee. Several victims of distracted driving testified as well.

“A lot of people are being killed because of texting,” says Rep. Tom Craddick, the conservative author of HB 243. “It’s a function of safety and saving people’s lives. That’s what it’s all about.”

Rep. Larry Taylor, R-Friendswood, succeeded April 7 in having HB 243 amended to prohibit only the typing and sending of text messages, not the reading of incoming texts. “Just looking down briefly at your phone — I don’t want to be pulled over as a criminal,” Taylor said. Craddick and Rep. Eddie Lucio III, D-San Benito, tried but failed to derail the amendment, with Lucio noting that police would have to determine whether a driver was reading or typing — an “administrative nightmare.”

Craddick collapsed while testifying on his HB 243 before the House Committee on Transportation. He apparently had a bad reaction to medicine for an infected tooth. The March 9 hearing was postponed.

Text messaging and cell phone use while driving are bigger problems than five years ago, Texas motorists say. 85 of drivers interviewed said text messaging was worse, while 80 percent agreed that cell phone use had become a bigger problem than a half decade ago. (The Texas Transportation Institute interviewed 1,167 motorists at Texas Department of Public Safety Driver License Offices in fall 2010.) Supporters of a ban on handheld cell phone use while driving outnumber opponents by a two-to-one margin. Aggressive driving ranked with distracted driving as a danger cited by the drivers. (View a video about the Texas driver safety survey.)

El Paso’s ban on texting and talking on a cell phone while driving has yielded more than 6,435 tickets as of March 11, as the law’s first anniversary approaches. The City Council approved the ban on March 9, 2010, but ticketing did not begin until April 1. Hands-free cell phones OK. Fines typically $114 but can run up to $500. El Paso already outlawed use of handheld cell phones in school zones.

The city of McAllen banned text messaging while driving and related Internet activity. Violations of the new McAllen ordinance could bring fines of as much as $200. The Jan. 24, 2011, vote by city commissioners was unanimous.

Alvin has just began enforcing its ban on texting and use of cell phones while driving through school zones. The ordinance was approved several years ago, but enforcement dragged out as the city awaited the posting of warning signs at schools.

2011 distracted driving legislation (dead):
HB 242: Wording that would ban texting while driving was added to this unrelated bill via a Senate amendment of May 25. The amended bill would prohibit a driver from reading, writing or sending a text-based communication while operating a motor vehicle, unless the vehicle is stopped. HB 242, which concerns firearms use by retired peace officers, was sponsored by Rep. Tom Craddick, whose HB 243 sought to ban text messaging while driving. HB 243 was approved in the House, but failed to make it through committee in the Senate. Sen. Judith Zaffirini added the texting amendment to HB 242, which essentially revives her SB 46 (below). The amendment was approved in a 19-10 vote on May 25. Latest legislative action: HB 242 was approved by the Senate (28-3) and House (80-61) in late-night votes May 29 and then transmitted to the governor. Vetoed by the governor June 17. Dead. (Craddick)

House Bill 243: Text messaging outlawed for all drivers of motor vehicles. Includes IMs and email. Amended before the first House vote to remove drivers’ reading of text messages as a prohibited activity. Fines: Up to $200. Approved by the House in a first-reading vote (124-16) taken April 7. Latest legislative action: Final OK from the House in a 107-16 vote on April 8. Sent to the Senate on April 11 and under consideration in the Transportation Committee. “Left pending in committee” after public hearing of May 16. Dead. (Craddick)

HB 37: Prohibits drivers from using a wireless communication device unless vehicle is in park. Hands-free operation allowed. Fines from $20 to $100 unless violation is in a school zone, in which case penalties run from $125-200. “Left pending” in Transportation Committee. Dead. (Menendez)

HB 93: Would outlaw reading, writing and sending of text messages by all drivers. Hands-free texting OK. Fines: $100 then $150 (second violation) and then $200. For injury crashes, a second-degree felony applies; third degree if death results. “No action taken” in Transportation Committee. Dead. (Cook)

HB 103: Would prohibit drivers from using of wireless communication devices to read, write, or send a text message while operating a motor vehicle unless the vehicle is stopped. Provides for increased penalties of up to $400 if the driver is in a school zone. “No action taken” in Transportation Committee. Dead. (Martinez Fischer)

HB 105: Would outlaw text messaging while driving in Texas unless vehicle is stopped. Fine $200. (Brown)

HB 288: Would extend the texting ban on drivers of passenger buses to include various commercial forms of transport such as vehicles owned by facilities for health care, disabled riders or the elderly.

HB 676: Would prevent drivers from using handheld wireless communications devices while stopped for a school bus that has passengers boarding or exiting. Hands-free OK. (Lucio)

Texas Senate Bill 46: Would prohibit drivers from using wireless communication devices to read, write, or send a text-based communication while operating a motor vehicle unless the vehicle is stopped. Includes email. See HB 242, above. (Zaffirini)

SB 119: Seeks to outlaw use of handheld wireless devices to read, send or compose text messages while driving in Texas, unless the vehicle is stopped. “Left pending” in Transportation Committee. (Uresti)

SB 138: Seeks to ban use of handheld wireless devices unless a hands-free attachment is employed. “Left pending in committee.” (Wentworth)

2010 distracted driving notes:
San Antonio’s ban on texting and driving became law Oct. 15, 2010, with a 90-day warning period that ended in mid-January 2011. The City Council gave final approval to the distracted driving ordinance on Oct. 7. Fines of up to $200. Councilman Phil Cortez pushed through the ban. Basically, drivers are permitted to make phone calls with wireless handheld devices, but nothing else. The University of Texas at San Antonio plans to enforce the city law on campus as well.

State Sen. Carlos Uresti, D-San Antonio, prefiled SB 119 for the 2011 legislative session, seeking a ban on text messaging and driving while vehicles are in motion.

Missouri City’s ban on texting while driving went into effect June 1, 2010. Law applies when vehicle is stopped. Fines up to $500. The city posted traffic signs stating: “No Texts Emails or Apps While Driving.”

College Station’s City Council considered a ban on texting and driving, but decided to see what emerged from the 2011 legislative session.

Stephenville has banned text messaging and use of handheld cell phones while driving. The City Council considered a plan to ban all cell phone use by motorists, but rejected it during the April 6 voting. Fines will be up to $200.

Galveston has banned text messaging while driving within city limits. Fines up to $500. The City Council voted to outlaw texting for motorists on Jan. 14 and the ban went into effect immediately.

League City’s plan to ban texting and handheld cell phone use while driving has been put on hold. The city attorney cited “legal issues.”

Arlington’s City Council refused to consider a ban on text messaging while driving. (Update above, in 2011 notes.)

2009 Texas legislation:
Texas House Bill 55: Outlaws use of handheld devices in school crossing zones. Would prohibit cell phone use by passenger bus drivers transporting minors unless the bus is stopped (minor wording change). Legislature gave final approval on May 29 and the governor signed it into law on June 19. The law became effective Sept. 1, 2009.

Texas House Bill 339: Prohibits drivers under the age of 17 with restricted licenses from using wireless communications devices, including cell phones and text messaging devices. Bill addresses numerous driver education issues in Texas. Approved by the House on May 6, 2009, and by the Senate on May 25. Legislature gave final approval on May 29 and the governor signed it into law on June 19. Law became effective Sept. 1, 2009.

Texas House Bill 662: Would outlaw the use of cell phones by drivers under the age of 18 unless a hands-free accessory is engaged. On Approved by the full Texas House on May 15 and sent to the Senate. Left in committee.

Texas Senate Bill 1077: Companion bill to HB 339 (above) has been approved in the Senate and by the Transportation Committee in the House (May 15).

Texas House Bill 1158: Would make fines at least double the minimum for infractions committed while driving and using a handheld cell phone. “Left pending in committee.”

Texas Senate Bill 582: Would prohibit drivers from using cell phones unless a hands-free accessory is engaged. Also would ban bus drivers from using wireless communication devices with a minor passenger onboard. “In committee” since Feb. 23.

Texas House Bill 1267: Would add text messaging to cell phone prohibitions on bus drivers. Also HB 1179. Both bills “left pending in committee.”

Texas Senate Bill 51: The legislation from state Sen. Judith Zaffirini, D-Laredo, would ban reading, writing and sending of text messages while operating a motor vehicle. It also would prohibit use of a wireless communication device for school bus drivers when a minor is present, except in emergencies. “In committee” since Feb. 10.

Texas House Bill 738: Would create an inattentive driving adjunct to existing laws that doubles fines for other traffic offenses. Cites a variety of behaviors such as texting, reading, writing, personal grooming, interacting with a passenger or pet. “Left pending in committee.”

Texas House Bill 758: Would prohibit school bus drivers from using cell phones or texting while minors are aboard. “Left pending in committee.”

Texas House Bill 1649: Would ban drivers under the age of 18 from using wireless communication devices in the first six months of licensing, regardless of whether a hands-free device is attached. Also applies to motorcycle or moped drivers under the age of 17. “In committee”

Texas House Bill 220: Would ban use of handheld wireless devices for all drivers and use of all wireless devices for school bus drivers. “Left pending in committee.”

Texas House Bill 219: Would outlaw use of cell phones at school crossings. “Left pending in committee.”

More Texas legislation notes:
The Austin City Council approved a ban on texting while driving on Oct. 22, 2009, and then broadened it Dec. 17 to include other mobile devices, Internet surfing and use of all iPhone applications. Fines could be as high as $500. The law takes effect Jan. 1 and there will be a one-month warning period.

The city of Burnet has outlawed use of cell phones and texting devices in school zones. Fines will be $200. The Burnet City Council approved the ban on Oct. 27, 2009.

Rep. Trey Martinez Fischer, author of a handheld cell phone bill, says the House Transportation Committee simply isn’t moving these bills through. “I have tremendous amount of respect for Chairman Joe Pickett,” Martinez Fischer said. “But this doesn’t seem to be a priority in his committee.” Pickett responded that his committee was unable to resolve the overall issue of how to draw the line with distracted driving, a common position adopted by opponents of cell phone-driving bills. More accidents related to wireless devices could help the bills’ chances in 2011, Pickett told amarillo.com

The House aired the legislative debate over text messaging and cell phoning while driving on March 10, 2009. “People, I think, are watching us,” said HB 55 sponsor Rep. Dan Branch, R-Dallas.

“We’re trying to find the right balance between public safety and, sort of, intrusion into civil liberties,” Branch told the House Committee on Transportation. The committee aboved Rep. Branch’s bill banning drivers from using cell phones in school zones.

Rep. Solomon Ortiz Jr., D-Corpus Christi, says of his HB 662: “This legislation will help limit distractions and keep teen drivers focused on the road. Teenagers already have enough on their minds as it is.”

“The communications companies have really come out strongly against my (handheld cell phone) bills in the past,” said Rep. Jose Menendez, D-San Antonio, who authored HB 1649.

The Texas ACLU opposes laws restricting use of cell phones and texting devices: “That’s more of a public education issue,” its policy director said. “There’s always going to be something that’s distracting drivers.”

State Sen. Jeff Wentworth, R-San Antonio, had planned to reintroduce in the 2009 session his bill that would require hands-free devices for drivers using cell phones. His bill passed the transportation committee in 2008 after testimony from a man whose wife was killed in an crash she caused while using a cell phone.

“It is probably going to take the whole Senate listening to that kind of testimony before we get a bill passed,” he told the Dallas Morning News.

Hollywood Park (San Antonio area) tabled a handheld cell phone ban on Feb. 17, 2009, saying: “Let the state make the decision.”

The Texas Department of Public Safety began tracking cell phone-related traffic accidents in 2000.

The Dallas council approved installing cellphone-ban warning signs throughout Dallas’ 651 school zones when it OK’d the prohibition in February 2008. Violators could be fined $200.

About two-thirds of Texas teenagers surveyed said they have talked on a cell phone while driving in the past six months, according to the state Transportation Institute. More than half said they had read or sent text messages while driving. A 2007 study said cell phone use was among the primary causes of fatal car crashes among teens.

Texas was one of the states hit with periodic email hoaxes about nonexistent cell phone driving laws.

West Virginia: Cell phone laws, legislation

Cell phone, texting news: Gov. Earl Ray Tomblin has signed into law West Virginia’s ban on text messaging and the use of handheld cell phones while driving.

The distracted driving restrictions take effect July 1. Fines are $100 (first offense), then $200, then $300. Three points assessed against driver’s license on third and subsequent violations. Operation with hands-free devices will be allowed.

The act makes text messaging and handheld cell phone use while driving primary offenses. While text messaging will be subject to primary enforcement as of July 1 — when the law takes effect — the cell phone enforcement will be limited to secondary status for another year. That means police will need another reason to stop and cite motorists using handheld cell phones until July 1, 2013.

Tomblin’s original plan was for secondary enforcement of the distracted driving laws. The governor signed the amended legislation on April 3.

Legislative leaders who compromised on Tomblin’s requested legislation indicated their intention was to immediately crack down on texting — widely seen as the more dangerous practice — while giving cell phoning drivers some time to adjust to the new distracted driving laws.

West Virginia became the 36th state to ban text messaging while driving.

The legislative session ended late March 10.

Current prohibitions:

• Teenagers with learner’s permits or intermediate licenses are prohibited from using wireless communication devices while driving (primary offense). Read the law.
• School bus drivers may not use cell phones while operating the vehicles.

Distracted driving legislation (2012)
Senate Bill 211 (original version, see Sub2 below): Would prohibit drivers in West Virginia from using wireless communication devices without hands-free equipment. Includes texting and cell phone calls. Fines: $100 (first offense), then $200, then $400. Secondary enforcement only. Novice driver restrictions on cell phones and texting would remain, with primary enforcement. Amended and approved unanimously by the Senate Transportation and Infrastructure Committee on Jan. 24. Amended and approved by the Judiciary Committee on Feb. 1. See SB 211 Sub 2 below. Approved by the Senate in a 34-0 vote on Feb. 6 and then approved by the the House in an 87-12 vote March 9. Approved unanimously by the Senate on March 10 and by the House in an 86-13 vote. Sent to the governor. Latest legislative action: Signed by the governor April 3. Goes into effect July 1, 2012. (Kessler, Hall as requested by governor)

• Senate Bill 211: final version — Would prohibit drivers in West Virginia from using wireless communication devices without hands-free equipment. Includes texting and cell phone calls. Fines: $100 (first offense), then $200, then $300. Three points assessed against driver’s license on third and subsequent violations. Primary enforcement, but cell phones secondary for first year. Also requires advisory signs at state border. Approved March 10 and sent to the governor. Takes effect July 1, 2012.
• SB 211 Sub2 changes: Makes texting subject to primary enforcement, but enforcement of the handheld cell phone law secondary. Fines $50, $100 and $200. Three points assessed against driver’s license on third and subsequent violations.
• House version of Senate Bill 211: As above, but amended March 6 to primary enforcement for texting and handheld cell phone use. Fines increased to $100 (first offense), $200 and $500. Also requires advisory signs at state border. Approved by the House Transportation Committee on Jan. 25. Amended and approved by the House Judiciary Committee on March 6. Latest legislative action: Approved by the House in an 87-12 vote taken March 9. Returned to the Senate.

House Bill 4091: Would prohibit drivers from using wireless communication devices without hands-free equipment. Includes texting and cell phone calls. Fines: $100 (first offense), then $200, then $400. Secondary enforcement. (Thompson, Armstead as requested by governor)

SB 47: Would prohibit text messaging while driving. Fine: $25. No points. (Beach)

SB 79: Seeks to ban text messaging while driving. Fines: $50, then $100, then $200. No points. (Unger)

House Bill 2490: Would prohibit text messaging by drivers as well as “additional technology activities” (Internet, music, games, etc.) using handheld mobile communication devices. Fines: $250, then $500, then $1,000. (Miley)

HB 4005: Would prohibit text messaging by all drivers. (Frazier)

HB 4075: Would outlaw use of handheld wireless communications devices by drivers, including cell phones. Hands-free OK if driver “exercises a high degree of caution.” Categorized as “reckless driving offense.” (Guthrie)

Distracted driving news (2012):
Gov. Tomblin marked the signing of his 2012 distracted driving legislation with a visit to several high schools and the promotion of a new state safe driver pledge. He handed out finger guards, supplied by AT&T, that make it impossible to text when they are worn. On a more somber note, he said: “I spoke with several heartbroken families today who lost loved ones in car accidents caused by distracted drivers, and I assured them I was doing everything possible to prevent such tragedies from occurring in the future.”

The last-minute compromised reached on the governor’s distracted driving legislation had the Senate agreeing to budge on primary enforcement for both texting and handheld cell phone use, while the House agreed to delay its preferred primary enforcement for a year. “This will give people time to adjust,” Senate Judiciary Chairman Corey Palumbo told the Charleston Gazette. “We feel texting while driving is a much more serious thing.”

Senate Judiciary Chairman Corey Palumbo told the Charleston Daily Mail that he expected the distracted driving legislation to succeed, but more revisions could be coming: “I’m not sure the Senate will just accept what the House did.” In the end, they compromised and the legislation advanced to the governor’s desk.

House Judiciary Chairman Tim Miley said his committee decided to make handheld cell phone use a primary offense for “practical implementation” of the distracted driving laws by police.

The House Judiciary Committee decided to simplify the governor’s distracted driving plan to make all use of handheld electronic devices illegal for drivers, but had to reconsider and reject its change. “We’re afraid that if we adopt this amendment we’ll do major damage to this bill and ruin its chances of passage,” said Delegate Mark Hunt, D-Kanawha. The committee did make handheld cell phone use and texting both primary violations and inserted an exemption for voice-controlled technology such as the iPhone’s Siri.

Gov. Earl Ray Tomblin promoted his distracted driving legislation Feb. 8 with a show of solidarity from the National Transportation Safety Board and a truckers organization. “You’re making this into a political priority that it needs to be,” NTSB vp Christopher Hart said at the governor’s press conference. The president of the West Virginia Trucking Association spoke of the dangers presented to professional drivers as a result of people texting while behind the wheel.

The Senate Judiciary Committee unanimously approved its toughened version of Tomblin’s Senate Bill 211 (Sub2) on Feb. 1. The measure went before the full Senate and was approved there in a 34-0 vote Feb. 6.

Senate Judiciary Chairman Corey Palumbo, D-Kanawha, said during the final Senate vote on SB 211: “(With) a primary offense (for texting) people have more of a realization that this is something they have to follow.”

Senate Transportation and Infrastructure Chairman Robert Beach, D-Monongalia, says he’s optimistic that the governor’s distracted driving measures will get through the Senate. “The direction we’re taking is coming from the federal level,” he told the Charleston Gazette. “Many states are already adopting this.” The Senate panel considered the governor’s plan on Jan. 20 and approved it Jan. 24.

Wording of the governor’s distracted driving bill caused some heads to spin on the House Roads and Transportation Committee. “Are we all thoroughly confused?” the panel’s chairman asked Jan. 18. The chairman, Delegate Margaret Staggers, said the governor’s plan for secondary enforcement “doesn’t seem very practical” and indicated her committee would consider bills with more teeth.

Gov. Tomblin said Jan. 18: “If they want to make it a primary offense … I’ll probably sign it.” An aide to Tombin said the secondary enforcement tag on the governor’s bill was designed to avoid points against a violator’s driver’s license.

Staggers, D-Fayette, is looking for alternative ways to stop West Virginians from driving while distracted. She says she finds merit in tax incentives for voice-activated hardware installation as well as additional penalties for distracted drivers who cause accidents. As for a ban on the use of handheld cell phones, “I don’t know if you can outlaw stupidity,” the Transportation Committee chairwoman told the Register-Herald Reporter.

Staggers says she sees “a good compromise” in a Republican plan that would provide for additional penalties for drivers who cause accidents if they were using a cell phones at the time.

Senate Judiciary Committee Chairman Corey Palumbo says the governor’s support could end the annual legislative back-and-forth on texting and handheld cell phone laws.

Gov. Tomblin said in his address to the Legislature on Jan. 11: “With the advent of iPhones, BlackBerries, 4G networks, and texting, the number of people who are using mobile phones while driving has and continues to increase. And, with that increase, there has been an equally dramatic increase in the number of driving fatalities where distracted driving was involved. … “I want West Virginians to remain free from distracted drivers on our public highways.”

The Charleston Daily Mail called the governor’s plan for secondary enforcement of distracted driving laws “a modest, sensible approach that would not be unnecessarily intrusive and would not unnecessarily criminalize people.”

At least eight distracted driving bills were introduced for the 2012 legislative session.

2011 distracted driving notes
The House approved a text messaging ban in February but in a heavily amended form that only provided for secondary enforcement. HB 2555 won handily (92-5) but died in the Senate as time ran out on the session.

Senate Judiciary Chairman Corey Palumbo said of the failure of distracted driving legislation in 2011 “tells me there’s very little concern for all the deaths on our roads in the House.”

Senate Majority Leader John Unger charged there was “chaos” in the House in the final days of the session: “None of our bills died in here (the Senate). They died over there.”

Upon HB 2555′s approval in the House (Feb. 17), Delegate Danny Wells, D-Kanawha, said: “I’m totally disappointed and discouraged. … As long as it’s not a primary offense (to text and drive), it’s just a worthless piece of paper.” He voted for the bill anyway

The HB 2555 proposal for a texting ban was trashed in the House Judiciary Committee, with the delegate who wrote the panel’s amended version calling the original “one of the worst bills I’ve ever seen.” Delegate Mark Hunt, D-Kanawha, says, “I think we need to go back and do a hands-free law,” Hunt said. He expects quick introduction of a rival bill that would ban handheld cell phones. Ironically, the bill’s sponsor eliminated a cell phone ban to increase HB 2555′s chances of passing.

Delegate Dale Martin, D-Putnam, is lead sponsor of the HB 2555 texting ban. Martin is chairman of the Roads and Transportation Committee. The original bill was modeled using U.S. Department of Transportation guidelines, Martin said.

“It’ll have a better chance of passing (than 2010′s HB 4013), Martin said (prior to the Judiciary Committee’s amendments). “I think the public is more aware of the hazard.” HB 4013 called for a ban on use of handheld cell phones, which complicated passage, Martin says.

The Select Committee on Infrastructure considered an earlier draft of the texting legislation in late December.

2011 distracted driving legislation (dead)
House Bill 2490: Seeks to ban text messaging by all drivers. Also cites “additional technology activities” requiring use of hands while driving, such as accessing the Internet, playing MP3s and using cameras. Excludes cell phones. Fines: $250 (first offense) then $500 and then $1,000. (Miley)

HB 2555: Would outlaw text messaging while driving via wireless communications devices. Fines $50 (first offense), then $100 and then $200. Also cites Internet use but excludes the entering of phone numbers for cell phone calls. No points. House Judiciary Committee substitute of Feb. 10 made significant changes: Bill now call for secondary enforcement; changes offense from misdemeanor to infraction; changes fines to $100/$200/$400. Latest action: OK’d by the House in a 92-5 vote on Feb. 17. (Martin)

Senate Bill 209: Would prohibit text messaging for all drivers in West Virginia. Primary enforcement. Misdemeanor. Fines $50 (first offense), then $100 and then $200. No points. Same as original version of HB 2555, above. (Unger)

SB 470: Would prohibit text messaging while driving. Includes Internet use. Primary enforcement. Misdemeanor. Fines $50 (first offense), then $100 and then $200. No points. Similar to SB 209/HB 2555. (Unger)

2010 cell phone, texting legislation (dead)
An Interim Joint Committee on Roads and Transportation developed HB 4013 for the 2010 session that would ban both text messaging and handheld phone use for drivers. In a compromise, the bill calls for texting while driving to be a primary offense, but use of a handheld cell phone would be a secondary offense. Meaning a law officer could pull over a driver solely for text messaging, but would need another reason to stop a violator talking on a cell phone. The compromise emerged from the committee on Dec. 9, 2009, after a good deal of debate. Update: The bill had traction but failed to advance in 2010.

Delegate Nancy Guthrie, D-Kanawha, says she’s not sure she’ll be lead sponsor of the distracted driving bill this year. Guthrie saw her bill on texting and cell phoning die on the last night of the 2009 regular session, and now says, “I may let someone else introduce it and try to run it through the judiciary committee.” She wanted primary enforcement for both distracted driving offenses in the 2011 plan (above), but said she was “realistic enough to know that this is a start.”

Earlier this fall, Delegate Guthrie told HandsFreeInfo.com: “The question before the committee is whether or not to reintroduce last year’s legislation or strip out restrictions on cell phone use and only try to pass a bill restricting texting.” She called the idea of stripping out cell phone restrictions “stunning.” The secondary enforcement provision of the new bill was a compromise that kept the handheld cell phone ban alive.

Under the bill, text messaging would bring fines of $50 for the first offense, $100 for the second and $200 after that. Cell phone penalties would be $25, $50 and $75.

Gov. Joe Manchin says he supports a ban on driving and text messaging on West Virginia roads and highways. Motor Vehicles Commissioner Joe Miller lobbied for the draft legislation, noting that cell phone-related deaths fell by hundreds in California after its ban was enacted.

HB 4013: Would ban drivers from text messaging and the use of handheld cell phones, meaning hands-free accessories would have to be employed. Secondary enforcement. Fines of $25. (Guthrie)

HB 2995: Would prohibit text messaging while driving. Fines $100/$200/$500. (Eldridge)

HB 2141: Would prohibit drivers under age 18 with level 1 and 2 licenses from using all wireless communications devices. Secondary enforcement. Fines $25/$50/$75. (Romine)

West Virginia Senate Bill 438: Would make text messaging while driving a primary offense and use of a handheld cell phone a secondary offense. Fines for texting $50/$100/$200. Fnes for using cell phones without a hands-free device $25/$50/$75. No points. Similar to HB 4013, above. (Unger)

SB 167: Seeks to prohibit all drivers from texting while driving. Secondary enforcement. Fines up to $100. Up to 3 points. (Unger)

SB 52: Would outlaw use of cell phones while driving unless a hands-free attachment is employed. Fines $100/$200/$500 no points. (Guills-Foster)

SB 367: Seeks to outlaw use of “additional technology” for handheld devices that provide access to digital media content such as text messages, e-mail, the Internet and games. Fines $100/$250/$500. (Minard)

2010 legislation notes
“I think House members, having passed legislation last year to curb texting and cell phone use while driving, will be very receptive to a similar bill emerging from the Senate,” House Speaker Rick Thompson told the Herald-Dispatch. “I will be interested to see exactly what the Senate produces.”

Sen. John Unger, D-Berkeley, sponsor of two distracted driving bills, noted: “There are folks who are advocating the ban of cell phones altogether in use on the roads,” Unger said. “We’ll see what comes out of committee. … I think (SB 438) has a pretty good shot at passing.”

“Even Oprah is pounding on this,” Unger said of distracted driving laws.

The 2009 legislation that was approved by the House failed to get through the Senate because of an unrelated last-minute amendment.

2009 cell phone, texting legislation:
HB 2621: Would have outlawed use of a wireless handheld communications device unless a hands-free accessory is attached. Included cell phones and text messaging devices. Versions were approved by the West Virginia House on March 27, 2009, and by the Senate on April 9, but died on the final night of the session due to an unrelated amendment tacked on by a senator.

HB 2995: Would prohibit text messaging while driving. Fines $100/$200/$500. (Similar to SB 131) Note HB 1876 above. Note: Carried over to 2010 session.

SB 131: Would prohibit drivers from using cell phones on West Virginia roads unless a hands-free device is employed, such as a headset or speaker system that does not require the use of hands.

2009 legislation notes:
State Sen. Dan Foster, D-Kanawha, plans to introduce legislation in 2010 that would ban text messaging and use of handheld cell phones while operating a motor vehicle in West Virginia. (Update: SB 52, above.) He supported similar legislation in 2009.

The 2009 legislation that was approved by the House was sunk in the Senate by a last-minute amendment regarding cell phone tower placements. “”It was just one of those thoughtless amendments that a member put in without considering all the work the three committees had put into the bill,” Delegate Guthrie said.

2009′s anti-text messaging bill HB 2995 was introduced in mid-March by Delegate Jeff Eldridge, D-Lincoln. It calls for secondary enforcement, meaning drivers could not be pulled over solely for text messaging or using handheld cell phones. The fine will be $25 with no driver’s license points or court costs.

Under SB 131 and HB 2995, fines would start at $100 and increase to $500 with three violations. No points would be assessed on the West Virginia driver’s license. Under HB 2621, fines would be capped at $25 with no points.

Gov. Joe Manchin proposed a ban on text messaging while driving, in response to the Los Angeles commuter train crash. “Texting, cell phones, all this,” Manchin told the Charleston Daily Mail. “I think it’s come to the point now that we see how distractive they are.”

Manchin later told the Register-Herald: “Some legislators asked me my opinion on (West Virginia cell phone and texting legislation). “It makes sense to me. I’m the one who is as guilty as anybody.”

Previous cell phone, texting legislation
In the winter 2008 session, the House narrowly approved a bill that would have made using a cell phone while driving a secondary offense, but it died in the Senate. Kanawha County Delegate Nancy Peoples’ cell-phone legislation inspired plenty of public debate. (HB 4047: Would require drivers to use hands-free devices while making cell phone calls. Drivers’ use of text-messaging devices would be prohibited. School bus drivers would be prohibited from using cell phones.)

“The facts are indisputable. Distracted driving puts all of us in danger,” Peoples wrote on her blog. “This legislation will give us a means to begin gathering data on how many accidents result from drivers who become distracted while using cell phones.”

Sen. Jeffrey Kessler, head of the Judiciary Committee, joined other lawmakers in the 2008 session seeking a ban on texting while driving.

The school bus driver ban on cell phone use was enacted in September 2008 by the state Board of Education.

North Carolina: Cell phone laws, legislation

Cell phone, texting legislation news: Chapel Hill has banned the use of all cell phones while driving, including those with hands-free and voice-activated features. The total ban on cell phoning while driving appears to be the first in the nation, although Evanston, Ill., is headed in that direction. “It doesn’t seem like the state is going to do it at this point,” council member Donna Bel said. “I wish this was broader.”

In early May, a judge issued a restraining order against Chapel Hill’s cell phone ban. The case was brought by a towing company.

Chapel Hill’s ban on cell phone use cleared the City Council via a 5-4 vote March 26. It goes into effect June 1. Violators will be fined $25 with no points or court costs. There is a sizeable loophole, however, as the ordinance allows for conversations with parents, legal guardians, children and spouses. And enforcement is secondary, meaning police will need to witness another infraction before stopping and citing an offender.

No distracted driving legislation succeeded during 2011 and none appears pending in 2012. House Bill 44, which would have banned use of handheld cell phones by all drivers, was pulled from consideration last year by its sponsor following a negative reception in a subcommittee.

The General Assembly was considering a trio of distracted driving laws in 2011 that would extend the existing cell phone restrictions on teenage drivers to adults. Two would have banned use of handheld cell phones and one would have allowed use of hands-free devices. The state already prohibits all text messaging by drivers.

Drivers in Guilford, Wake and Mecklenburg counties commit the most distracted driving offenses, troopers reported.

Current prohibitions:

• Text messaging prohibited for all drivers. Also outlawed: Email and Internet use.
• Drivers under the age of 18 with provisional licenses are prohibited from using cell phones while driving, unless calling parents.
• School bus operators prohibited from using cell phones while driving.

Distracted driving news (2012):
Chapel Hill council member Ed Harrison said of the town’s attention-getting ban on all cell phone use while driving: “This isn’t really banning talking on cell phones, it’s banning talking on a cell phone if you’ve done something noticeably bad with your vehicle.” The ordinance calls for secondary enforcement.

The state Highway Patrol’s distracted driving campaign was targeting Interstate 95 on Feb. 1 and 2. Also set for extra enforcement were I-85 and I-40. Affected counties included Johnston and Durham.

2011 distracted driving notes:
Chapel Hill’s Town Council voted to draw up an ordinance that would ban cell phone use by all drivers in city limits. No state law prohibits adult drivers from talking on cell phones. “I think it’s an important way to spur the state legislature to do something about this,” one councilman said. The Sept. 12 vote was 6-2 in favor of creating a proposed ordinance for the council’s approval.

Looks like state Senate President Pro Tem Phil Berger put the dagger in the cell phone ban proposed by Rep. Garland Pierce, D-Scotland, “The handwriting (was) on the wall” after Berger made negative comments about such a law, Pierce said in early July. House Speaker Thom Tillis was an active supporter of HB 44. Pierce is the author of North Carolina’s texting law.

Paul Woolverton of the Fayetteville Observer clarified some dynamics of the Pierce legislation failure for HandsFreeInfo.com: “Rep. Pierce pulled the bill because he had informally polled legislators in the committee and discovered he didn’t have enough support for it to pass. Lawmakers often do this in order to avoid the embarrassment of a defeat and also to keep a bill alive (albiet on life support) for possible consideration later. If your bill is defeated by a vote in committee, it is much harder to bring it back to life. Ultimately, the bill did not make it past the House and Senate “crossover deadline,” so it will be hard for it to be considered again in the 2011-12 biennium (though there are ways to get around the rules and deadlines).” Thanks, Paul.

In an editorial titled: “Cellphone bill alive, barely,” the News & Record expressed serious doubts that Rep. Pierce’s cell phone legislation will become law: “Similar legislation has been floated unsuccessfully since 2005 and this bill faces the same bleak future,” the Greensboro newspaper wrote April 1. “Driver inattention has no age limits,” the paper said in support of extending the current ban on teenage use of handheld cell phones to adults.

Most of the drivers cited under North Carolina’s texting ban are over the age of 25, the Associated Press reports. One offender was 67 years old.

More than 1,200 drivers have been ticketed for text messaging since North Carolina’s ban went into effect in December 2009, according to a January 2011 AP report.

2010 legislative session notes:
Over the past four years, almost 5,000 crashes in North Carolina were blamed on distracted driving.

North Carolina residents are overwhelmingly in favor of adopting a ban on cell phone use while driving, according to a statewide poll sponsored by the Charlotte Observer. Almost half of the poll respondents (47%) supported a total ban on cell phone use, while 40 percent wanted a ban on handheld cell phones that exempts users of hands-free attachments. The numbers are similar to those found in a 2009 poll (below).

AAA says almost 40 percent of N.C. drivers admit to texting while behind the wheel.

2011-12 distracted driving legislation (dead):
House Bill 44: Would ban use of handheld cell phones by all drivers. Hands-free OK. Includes related devices. Withdrawn by sponsor after a poor reception in the Commerce and Job Development Subcommittee on Science and Technology. (Pierce)

HB 31: Would ban use of cell phones by all drivers. No hands-free exemption. Cites “cameras, music, the Internet and games.” Fine: $100. Infraction with no points but violations by school bus drivers would be Class 2 misdemeanors. Withdrawn by sponsor early in the session. (Pierce)

Senate Bill 36: Seeks to outlaw use of cell phones (hands-free included) and related devices by all drivers. Similar to HB 31, above. (Dannelly)

2009 cell phone legislation:
HB 9: Prohibits all drivers from text messaging and emailing. Ratified and sent to Gov. Beverly Perdue, who signed the texting ban on June 19. The law calls for a $100 fine plus court costs, but no points for the infractions. Violations by school bus drivers will be treated as misdemeanors with fines “no less than” $100. The law went into effect Dec. 1. (Same as SB 96)

SB 22: Would prohibit use of cell phones while driving unless a hands-free device is employed. Approved by the Senate Judiciary II Committee on March 31 and sent to the appropriations committee.

SB 12: Would prohibit use of cell phones while driving unless a hands-free device is employed. Bill withheld by sponsor was expected to return before the May 14 cutoff date for new laws.

SB 19: Would ban text messaging for all drivers. Held.

HB 68: Seeks to outlaw use of electronic devices while driving. Allows for hands-free cell phone operation. Poor reception in the House Transportation Committee on March 31; sent to subcommittee for “further study.” (Cole)

HB 1320: Would add mobile phone use as an “aggravating factor” in traffic violations. Additional fine of $100. (Starnes)

Legislation notes:
The 2010 “short session” of the 2009 General Assembly begins May 12, 2010. Not all 2009 bills eligible for consideration in this session.

The bill that banned text messaging while driving on North Carolina roads (H9) was OK’d by the House on April 16, in a 104-5 vote. Previously approved by the House Judiciary Committee (April 14) and the House Ways and Means and Broadband Connectivity Committee (April 1). Sent to the Senate (April 16) and approved there on a 30-18 vote (June 9). Signed by Gov. Bev Perdue (June 19).

Rep. Nelson Cole of Reidsville, sponsor of the cell phone legislation HB 68, said of dubious committee members: “At some point in time, when one of them gets hit by somebody, then they’ll understand.” Cole told the Fayetteville Observer that he asked for the cell phone legislation to be sent to subcommittee and wasn’t worried about the move.

AT&T, AAA Carolinas and North Carolina’s insurance commissioner Wayne Goodwin held a press conference in support of the anti-text-messaging legislation HB 9 on Feb. 10.

About two-thirds of North Carolina adults approve of bans on use of cell phones while driving, according to a study done by Elon University. More than half of those polled said they talked on mobile phones while operating motor vehicles. The poll of 758 people was conducted in late February 2009.

The Senate Commerce Committee gave a “lukewarm” reception to Sen. Charlie Dannelly’s S 12 cell phone legislation on Feb. 17, the AP reported. The committee reduced the bill’s penalty from $100 to $25 and deleted the obligation to pay court costs. The bill then was withdrawn, but Dannelly says he’ll revive the cell phone legislation in early May.

Dannelly told the Fayetteville Observer: “I want to get notable organizations and people who know what they’re talking about to persuade some of my fellow senators that it’s not a good thing to multitask” while behind the wheel.

Rep. Garland Pierce, author of HB 9, did a Q&A interview on the North Carolina texting legislation. Of the persistent arguments that the laws are difficult to enforce, he said: “I feel that’s true. But the point we were trying to make: If law-abiding citizens understand the importance of having safe highways, we would hope that they would respect the law and do the right thing.”

HB 9 co-sponsor Rep. Carolyn Justice, R-Pender, expected the legislation would pass. She called the North Carolina texting ban a “no brainer.” “How can you look down at something to write something and drive?” she said.

The News and Record editorialized that enforcing a North Carolina ban on text messaging while driving “would be next to impossible.” The paper cites text messaging as a danger, but, in an unusual argument, notes that texting “in standstill traffic would be harmless.”

Rep. Davis Lewis said North Carolina text messaging legislation “is ridiculous because it cannot be enforced.”

Cell phone driving bills that died during the 2007-08 session: SB 1139 and HB 527: Would have prohibited drivers’ use of mobile phones without hands-free devices.

The ban on cell phone use by school bus drivers was approved and signed by the governor in July 2007.

In 2007, the Highway Patrol wrote only 35 tickets for cell phone infractions, MSN Money reported.

Teen drivers can see their progress toward a full license delayed by six months … if a ticket were actually issued. A 2008 study by the nonprofit Insurance Institute for Highway Safety found that North Carolina students were largely ignoring the law.

North Carolina is another state distracted by false email claims that new cell phones laws are in effect for all drivers. Florida cell phones drivers, as well as those in Texas, were confused by similar hoaxes.

David Kaber, an associate professor of engineering at North Carolina State University, studied the use of cell phones with “adaptive” cruise control — which automatically keeps a safe distance from vehicles ahead.

“The important thing is cell phone use negatively impacts situational awareness, and situational awareness has been linked to effective decision-making and performance,” Kaber said. “People may say ‘I’m using my cell phone, and I can brake in time’ or ‘I can keep my car in the lane’ or ‘I can maintain my speed,’ but the problem is that it is having an impact on their attentional resources. It compromises their overall awareness of the driving environment, and when a critical condition develops, they may not be prepared to deal with it.”

Other NC State researchers looked at cell-phoning drivers’ attitudes toward legislation. They found that most of the cell phone users felt they were better able to handle driving and phoning than other drivers.

“Cell phone users believe that they are better than other people in using their cell phone safely while driving,” said Michael Wogalter, a psychology professor. “They believe that other drivers are more dangerous using a cell phone than themselves.”

California’s hands-free law now in effect

On July 1, two major laws went into effect in this cell phone-loving state. Drivers are required to use hands-free devices if they wish to make cell phone calls from their moving vehicles.

In addition, drivers under the age of 18 are prohibited from using wireless phones while driving — sorry, that means no hands-free devices. Teen drivers also are prohibited from using text-messaging devices and laptop computers.

The first infraction brings a $20 ticket; any others will cost $50. The Los Angeles Times says the true costs of those cell phone tickets are $76 and $190, figuring in court costs and penalties.

For now, any violations of California’s cell phone and texting laws will not result in points — as in insurance company rate hikes — but stay tuned.

California law enforcement agencies had varying policies on how actively they’d be enforcing the new cell phone laws come the July 4 week. The Highway Patrol planned strict enforcement, while the Los Angeles Police Department adopted “an educational period,” according to the Los Angeles Times.

“People ask us, ‘Is there going to be a grace period?’ We say, ‘Yes, it’s June 30,’ ” a CHP spokesman said.

Gov. Arnold Schwarzenegger signed the hands-free legislation in fall 2006. The bill was SB 1613, from state Sen. Joe Simitian, D-Palo Alto.

Simitian also authored SB 33, now a law that prohibits teen drivers’ use of cell phones and text messaging devices such as walkie-talkies, pagers, two-way messaging devices and PDAs while driving.

Of the young driver law, the senator said: ”I introduced this bill for one simple reason it will save lives. No one would argue that just because we can’t eliminate all the distractions affecting driver safety, we shouldn’t eliminate the ones we can. This is especially true when it comes to young drivers.”

Simitian filed SB 28 on June 19, 2008, seeking to apply the text-messaging (and email) prohibitions to all drivers.

The nonpartisan Public Policy Institute of California recently estimated that 300 fewer people will die each year in traffic accidents as a result of the hand-held cell-phone ban for California drivers.

Here are some questions and answers about mobile phones and driving, from the California Department of Motor Vehicles:

Drivers 18 and older:
Q: What if I need to use my phone during an emergency and I do not have a hands-free device?

A: The law allows a driver using a wireless telephone to make emergency calls, including, but not limited to, calls to a law enforcement agency, health care provider, fire department, or other emergency services agency.

Q: What are the fine(s) if I am convicted? 

A: The base fine for a first offense is $20, and $50 for each subsequent conviction. The courts will impose additional administrative fees.

Q: Will I receive a point on my driving record if I am convicted for a violation of the cellular phone law?

A: No. The violation is a reportable offense; however, DMV will not assign a violation point.

Q: Will a conviction appear on my driving record?

A: Yes, but a violation point will not be added.

Drivers under 18:
Q: If I am under 18, can a peace officer stop me if he/she suspects I am using a cellular phone or other mobile service device?

A: A law enforcement officer may pull you over if he/she observes or determines you are using a cellular phone.

Q: Why is the law more strict for provisional drivers?

A: Statistics show that teen drivers are more likely than older drivers to be involved in accidents because they lack driving experience and tend to take greater risks. Distractions, such as talking with passengers, eating or drinking, and talking on cellular phones or texting increase the chance you will be involved in a serious accident.

Q: Can my parents give me permission to allow me to use my cellular phone when driving?

A: No. The only exception is an emergency situation that requires you to call a law enforcement agency, health care provider, fire department or other emergency entity.

Q: If my car has a built in hands-free phone feature, may I use it while driving?
A: No. The law prohibits anyone under 18 years old from using any type of wireless device while driving, except in certain emergency situations.

Oklahoma: Cell phone laws, legislation

Cell phone, text messaging news: A Senate plan to ban handheld electronic device use by teen drivers with restricted licenses fell three votes short of approval March 13.

The other distracted driving bill before the Legislature would prohibit text messaging by public employees while they on the job. That bill, from state Rep. Danny Morgan, is in the Public Safety Committee.

Morgan, D-Prague, had indicated he’d return in 2012 with another bill that would ban text messaging while driving, but it didn’t happen. He announced in January he would not return to the House after this term. He cited “a growing coalition of support” for a texting law. Morgan’s HB 1316 of 2011 went down to defeat in the House.

AAA correctly predicted that texting & driving legislation would fail in 2011 due to “a handful of lawmakers (who) were able to thwart legislation that 87 percent of AAA members say they want.”

Oklahoma’s inattentive driving law went into effect Nov. 1, 2010. Does not specify use of handheld cell phones or text messaging devices, but allows for penalties if their use causes an accident or leads to reckless/careless driving.

Current prohibitions:

• Drivers required to “devote their full time and attention to such driving.” Fines $100.
• Drivers with permits or graduated licenses (teens) face suspension or loss of license if they use a handheld electronic device to talk or to text while the car is in motion.

Cell phone, texting legislation (2012):
Senate Bill 182: Would bar drivers under the age of 18 with learners’ permits and restricted licenses from using handheld electronic devices. Hands-free OK. Defeated in the Senate in a 22-20 vote taken March 14 (25 needed to pass). (Crain)

House Bill 2898: Would prohibit state of Oklahoma employees from text messaging while driving state-owned vehicles and/or while driving a private vehicle on state business. Includes elected officials. (Morgan)

Distracted driving notes (2012):
Sen. Brian Crain, R-Tulsa, says his SB 182 was filed in part due to a request from the state Department of Health. it cleared the the Senate Public Safety Committee but fell three votes short of the 25 needed for passage in the full Senate. Bill foe Sen. Steve Russell said parents should make the decisions about what their children do.

2011 distracted driving notes:
Tulsa has given its police authority to cite drivers for various distracted driving activities, with the focus on people texting while behind the wheel. Cell phone use is not affected unless the driver is inattentive. Fine of $150. The amendment, which took effect Dec. 3, brings the city code in line with the state’s inattentive driving law.

House Bill 1316 sponsor Rep. Danny Morgan saw his texting bill defeated on March 17 and then directed his efforts in support of SB 146, which he was shepherding in the House. He sought to add some of the language from HB 1316 to SB 146, which was approved by the Senate on March 16 and transferred to the House but left in the Judiciary Committee. Sen. Jerry Ellis, D-Valliant, created that bill.

Morgan, D-Prague, previously said he was feeling good about his legislation that would ban text messaging for all Oklahoma drivers. “There is a growing coalition of support for this legislation and I believe that we will see it pass this session,” he said at a Jan. 19 press conference detailing the distracted driving bill.

“Texting while driving is not a practice committed only by young drivers, it’s becoming a common occurrence by drivers of all ages, and needs to be nipped in the bud,” said Morgan. Supporters of Morgan’s plan include AAA Oklahoma, Farmers Insurance, the Oklahoma Safety Council, the Oklahoma Highway Safety Office, AT&T and SAFE KIDS Oklahoma State. Morgan’s bill also would ban use of cell phones by drivers under 18.

HB 1316 co-sponsor Rep. Paul Roan brings 30 years of law enforcement experience to the table: “You have different degrees of law and this will be a primary cause law,” said Roan, D-Tishomingo. “If a policeman sees you texting, that in itself is a violation. Now it is a secondary charge.”

2011 cell phone, texting legislation (dead):
House Bill 1316: Would outlaw texting and driving. Fine: $25. Drivers under 18 also prohibited from using cell phones and other wireless communications devices. Primary enforcement. Fines: $100-$500 (first violation), $100-$1,000 (second) and $100-$2,000 (all subsequent). For all repeat violations, possible community service time. For three or more violations, possible license suspension. All drivers would be barred from using a mobile phone or other electronic communication device in school zones. Fine: up to $100. Approved by the House Public Safety Committee in a 9-7 vote on March 2. Latest action: Rejected by the House in a 47-40 vote taken March 17. (Morgan)

HB 1340: Sought to outlaw use of handheld wireless devices while driving. Fines up to $500. (Renegar)

HB 1633: Would have outlawed use of handheld electronic communications devices while driving in a school zone. (Brown)

SB 146: Would prohibit text messaging by all drivers in Oklahoma. Secondary enforcement. Fines: $175 (first offense) and then $500. Fine doubled if accident results. Approved by the Senate in a 32-9 vote on March 16 but left in House Judiciary Committee. (Ellis)

2010 legislation notes:
Gov. Brad Henry banned all state employees from text messaging while operating government vehicles. At a Capitol ceremony on Jan. 19, 2010, he urged the Oklahoma Legislature to take action on distracted driving, calling texting and driving “a recipe for absolute disaster.”

With HB 3250, Rep. Sue Tibbs, R-Tulsa, reintroduced her 2009 plan to ban text messaging while behind the wheel, adding use of handheld cell phones.

Rep. Randy McDaniel, R-Oklahoma City, said he plans to introduce a bill that would require schools to teach young drivers about the dangers of text messaging behind the wheel.

2010 cell phone, texting legislation:
HB 2276: Requires drivers to devote their full attention to driving. Citations of drivers using cell phones or texting must follow an accident or incident of reckless driving. Fines $100 plus court costs up to $35. House passed the bill March 3 and the Senate followed a month later. Approved by governor April 14. Latest action: Took effect Nov. 1. (Duncan, Anderson)

SB 1908: Prohibits teenage drivers (with permits or graduated licenses) from using a handheld electronic device to talk or text when the car is in motion. (Originally an electronic distracted driving bill that applied to adults as well but changed in committee.) Revocation of of learner’s permits and Intermediate Class D licenses could result after violations. Final approval of bill in the House and Senate in late May. Signed into law by the governor on June 6. Latest action: Took effect Nov. 1. See update, above. (Tibbs, Morgan, Sykes)

HB 3250: Would ban the use of handheld cell phones and text messaging devices while driving in Oklahoma. Cell phone users must employ hands-free accessories. Exempts GPS and navigation devices. Penalties up to $1,000 (fine and court costs). Approved by the House Public Safety Commitee on Feb. 24. Approved by the full House on March 10. Sent to the Senate. (Tibbs, Morgan)

HB 2611: Would prohibit text messaging by all drivers. Secondary enforcement. Fine of $250 plus two points/$500 three points. (Liebmann)

HB 2857: Would outlaw text messaging and use of cell phones by drivers of public transit vehicles, including school buses. Also railway vehicles. $500 fine. (Wright)

SB 1355: Would prohibit drivers 18 years old and younger from text messaging while behind the wheel. Secondary enforcement, meaning traffic officers cannot stop violators for this reason alone. Fines of up to $100 and $250 (subsequent violations). (Paddack)

SB 1843: Would prohibit text messaging by all authors. Fines up to $175/$500 (for subsequent violations). Fines double after accidents. (Easley)

SB 1386: Would ban text messaging by all drivers. Secondary enforcement. Fines of up to $175 and $200 (for subsequent violations) (Garrison)

SB 1906: Would outlaw use of “portable electronic devices” while driving, including cell phones and text messaging devices. Fine up to $150. (Johnson)

Note: All legislation can be accessed via the Oklahoma Legislature bill tracker.

2009 legislation:
HB 1782: Would have prohibited the use of cell phones by drivers unless a hands-free device was employed. OK’d in committee, sent to the House floor but never heard in the 2009 session.

HB 1526: Would outlaw text messaging while driving, but citations would not be issued unless an accident has occurred.

2009 legislation notes:
Rep. Sue Tibbs said of her stalled hands-free legislation: “(HB 1782) was heard in committee. It did pass committee, then assigned to the floor. This bill did not get heard. I didn’t get an explanation why it wasn’t given a hearing.”

She says of texting while driving: “Young people just think they’re invincible. … I just don’t think people realize how dangerous that is.” The bill called for text messaging while driving fines starting at $200 and capping out at $500.

HB 1526 includes possible jail time of up to one year and a fine of up to $1,000. The sponsor is Rep. Guy Liebmann, R-Oklahoma City.

Oklahoma City’s Metro Transit has a new policy for bus drivers: Text and be fired immediately. The first use of a cell phone brings a suspension, the second results in termination.

Previous legislation:
HB 2964, from Rep. Danny Morgan (2008), would have banned cell phoning and texting by teenage drivers.

HB 2932 (2008): Would have prohibited school bus drivers from using cell phones.

SB 176 and HB 2213 (identical, 2008): Would have prohibited use of cell phones without hands-free devices.

HB 2597 (2008): Rep. Paul Wesselhoft, R-Moore, sponsored the “Brittanie Montgomery Act,” named for a cheerleader who died while driving and texting.

“If you’re 15 and a half years old, you’re just learning how to drive, that ought to take 100 percent of your energy and attention,” says text messaging bill sponsor Rep. Paul Wesselhoft. “A 15-year-old learning how to drive has no business being on a cell phone.”

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