Nevada: Cell phone laws, legislation

December 22, 2008

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

Current prohibitions:
None.

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

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

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

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

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

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

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

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

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

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

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

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

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