Nebraska: Cell phone laws, legislation

Distracted driving update: Nebraska’s lawmakers and governor have approved a ban on texting while driving. The ban, which calls for only “secondary enforcement,” was approved by the governor on April 13 and takes effect July 1.

Current prohibitions:
Text messaging outlawed for all drivers on Nebraska’s roads and highways (effective July 1).

Drivers under the age of 18 with learner’s permits or intermediate licenses are prohibited from using cell phones.

2010 legislation:
Nebraska Legislative Bill 945: Would outlaw text messaging by all drivers. Secondary offense. Fines $200 for first offense; $300 for second; and $500 plus three points on the motorist’s license for subsequent violations. Approved by the Transportation and Telecommunications Committee on March 2 and then, finally, by the full Legislature on April 8 (38-2-9 vote). The measure was sent to Gov. Dave Heineman, who signed it into law on April 13. (Harms)

2010 Nebraska legislation notes:
Sen. John Harms, Scottsbluff, is the author of Legislative Bill 945. It is the senator’s follow-up to his successful campaign to ban teens from texting and using cell phones while behind the wheel. Heineman vetoed the previous distracted driving measure for teens, but was overridden.

March 16′s first-round vote on the 2010 texting bill was 27-19 — with only two “yes” votes to spare over what is needed for passage.

An earlier Associated Press survey of Nebraska state legislators found 22 of them in favor of a texting ban. Five were opposed. (Six were unsure and 16 did not respond.)

A man who lost his 16-year-old daughter in an accident linked to another teen’s distracted driving testified Feb. 9 in support of LB 945. “I’m sure you wouldn’t want to tell me (in case of a death), ‘I’m sorry, I was just making a very important call. I was just dialing,” Rob Reynolds said. The Reynolds family started a safe driving campaign in honor of their daughter, Cady. The transportation committee approved the bill on March 2.

Previous legislation notes:
The ban on young drivers’ use of cell phones was enacted despite the governor’s veto. The bill was LB 415.

Sen. Norm Wallman, Cortland, who opposed LB 415, said the law shouldn’t apply to just teenagers. He told the World Herald that he would support a bill prohibiting all drivers from using cell phones.

“I figured if we are going to restrict teenagers we should restrict us all,” he said. “I’m definitely against texting.”

“Technology is getting ahead of us,” said former state Sen. Jim Cudaback of Riverdale, who sponsored an unsuccessful 2006 bill to prohibit cell phone use while driving. “(Legislative bills) shouldn’t be reactive but proactive.

“Nebraska is conservative, so some senators may need to see a need for this law before they approve it,’” he said. He introduced a similar bill in 2001.

National Transportation Safety Board representative Kathryn Higgins testified before a Nebraska Legislature panel in 2006, urging limits on cell phone use by young drivers.