Wisconsin 25th state to ban texting

Wisconsin’s governor signed into law a ban on texting while driving, making it the 25th state to outlaw the practice.

Jim Doyle joined a growing line of governors who enacted distracted driving laws this legislative season. Right before him was Michigan Gov. Jennifer Granholm, whose texting-ban signing ceremony was broadcast live on “The Oprah Winfrey Show.”

Wisconsin’s new distracted driving law (from Assembly Bill 496) provides for fines ranging from $20 to $400. The offense is targeted for primary enforcement, which means law office can stop violators for that reason alone.

Enforcement begins Dec. 1.

“For far too long, inattentive driving has been a serious problem in Wisconsin and across the country,” Gov. Doyle said after the April 5 signing. “This bill is an important step to make our roads safer and save lives.”

AAA chief Robert Darbelnet praised the new distracted driving law, while noting that half the states are in the no-texting camp: “Last year, 12 states enacted text messaging bans for all drivers and we anticipate that several more states will act against this dangerous source of driver distraction this year,” he said.

Six states have enacted driving while texting prohibitions this year.

Wisconsin’s distracted driving bill was introduced in October, and actively worked throughout the legislative season by the state’s Senate and Assembly. The Senate signed off on the bill April 13. Final approval came in the Assembly on May 4 and the governor signed it the next day.

Doyle has enacted several key pieces of driver safety legislation on his watch.

Wisconsin has no limits on the use of mobile phones while driving.

Indiana: Cell phone laws, legislation

Cell phone, texting update: Indiana’s ban on text messaging while driving is now in effect. Indiana was the 32nd state to ban texting while behind the wheel. The law became effective July 1, 2011, with fines up to $500.

“Drivers have had plenty of notice about the law,” a spokesman for the State Police said.

On May 11, Gov. Mitch Daniels signed the legislation sent to him by the House and Senate. The Senate had expanded the original House bill to include a ban on use of handheld cell phones while driving, but that element was removed by a conference committee. The new law — which gets primary enforcement — is restricted to the reading, writing and sending of text messages while a vehicle is in motion. Hands-free (voice activated) texting OK.

Current prohibitions:

• Text messaging prohibited for all drivers while vehicle is in motion. Fines up to $500.
• Drivers under the age of 18 may not use cell phones, text messaging devices or other wireless telecommunications devices.

2011 distracted driving legislation:
House Bill 1129: Seeks to ban phone calling and text messaging by drivers using handheld electronic devices. Hands-free texting OK. Bars police from confiscating texting devices (for this offense). Class C infraction, fines up to $500. Approved Jan. 20 by the House Public Policy Committee in a 10-2 vote. Approved by the House in an 85-11 vote on Jan. 25 and sent to the Senate. Approved by the Senate corrections committee in a 7-2 vote on March 1. Amended by the Senate (March 14 ) to include a ban on handheld cell phone use. Approved by the full Senate in a 29-20 vote on March 15; returned to the House. Rewritten April 26 by conference committee to remove Senate’s addition of cell phone ban. Bill returned to both houses. Approved by the House in an 83-10 vote taken April 28. Approved by the Senate in a 26-24 vote taken April 29. Latest action: Signed into law by Gov. Mitch Daniels on May 10. Read House Enrolled Act 1129. Law took effect July 1, 2011. (Koch)

Indiana Senate Bill 18: Would outlaw text messaging while driving and restrict use of cell phones to hands-free operation. Offenses would be Class C infractions, similar to traffic tickets. Approved by the Senate Public Policy Committee on Feb. 11, in a 5-2 vote. Latest action: Approved by the full Senate in a 29-21 vote on Feb. 17 and sent to the House. Dead. (Holdman)

HB 1158: In cases of vehicular “reckless homicide,” a Class C felony, courts allowed to consider whether accused was using a handheld cell phone at the time of a crash (“among other factors”). Heavily amended in Roads and Transportation Committee on Feb. 17. “Call withdrawn” during second reading in House on March 28. Dead. (Yarde)

Distracted driving notes (2011):
State Senator Tom Wyss, R-Fort Wayne, says of the Senate’s addition of a handheld cell phone to HB 1129: “It’s going to cause a lot of people to oppose it. The chances of it passing in this manner is pretty slim.”

Diveeta Thompson, who lost her 18-year-old son when he crashed while texting, testified in favor of House Bill 1129 the day of its approval by a House panel. “I can’t go fast enough and I can’t speak loud enough,” she tearfully said Jan. 20 of her efforts to combat distracted driving by teens. The bill was approved by the full House five days later. Thompson also told her story to the Senate panel that approved the bill on March 1.

Sen. Travis Holdman, R-Markle, has filed legislation (SB 18) for the 2011 session that would ban texting while driving and the use of handheld cell phones. His SB 18 of 2010 (same number) failed to advance last session (below). He also authored the graduated license law that prevents teen drivers under 18 from using cell phones and texting devices.

Indiana’s attorney general and AT&T Indiana’s president joined Sen. Holdman at a December 2010 rally for the new SB 18 legislation

Key committee member Sen. Brent Steele says he’ll drop his opposition to a full Senate vote on legislation that seeks to ban texting while driving. Steele, R-District 44, protested 2010 efforts to halt the distracted driving practice, saying enforcement would not be possible. He says a 2011 plan that would ban both text messaging and the use of handheld cell phones while driving satisfies his enforcement concerns and should get a full hearing. Steele still doesn’t support a ban, however.

Rep. David Yarde, R-Garrett, filed legislation for 2011 that would bring felony punishments for drivers who cause injuries and/or deaths while using a cell phone. HB 1158 does not seek a ban on cell phone use or texting, however. Cell-phoning drivers who injure someone would be subject to up to three years in prison. For a death, the penalty would be up to eight years in prison.

The Indiana Legislature has a “full session” planned for 2011, which increases chances that distracted driving bills will become law. The 2010 session was short.

Indiana Students Against Destructive Decisions (SADD) rallied at the Statehouse in November 2010 in hopes of inspiring legislators to take further action on distracted driving. AAA Hoosier Motor Club and State Farm Insurance joined the students in rolling out a public awareness campaign.

State Police linked cell phone use to more than 1,100 crashes last year, resulting in four fatalities.

2010 legislation (session over)
Indiana House Bill 1279: Would ban text messaging for all drivers on Indiana roads and highways. Texting via hands-free devices exempted. Fines up to $500. Cleared the Committee on Public Policy on Jan. 28, 2010, and was sent to the Senate, where several sponsors have signed on. (Pearson)

HB 1057: Would ban text messaging while driving in Indiana. (Moses)

HB 1060: Would prohibit text messaging and cell phone use by drivers over the age of 18, unless a hands-free accessory is employed. Fines $25 (first)/$50/$100. (Summers)

Indiana Senate Bill 18: Would ban all forms of text messaging while driving on state roads and highways. (Holdman)

SB 111: Would make most texting while driving offenses a misdemeanor in Indiana. First offenders will be cited for a Class C misdemeanor, while a Class A misdemeanor applies if the violator has an unrelated offense within five years. If however, bodily harm or death results, texting while driving would be a felony. Provides that text messaging may constitute as a qualifying event for a habitual traffic violator determination, also bringing felonies into play. In Committee on Corrections, Criminal, and Civil Matters. (Lanane)

2010 cell phone, texting legislation notes
Only three tickets have been written under the teenage distracted driving law of 2009, according to the Courier-Journal. The newspaper calls for a broad ban on handheld cell phone use while driving, which would end the complication of police having to determine a driver’s age before pulling him or her over.

Rep. Joe Pearson, D-Hartford City, saw his HB 1279 approved unanimously (11-0) by the Committee on Public Policy on Jan. 28.

State Sen. Travis Holdman has filed SB 18, which would prohibit all Indiana drivers from text messaging while behind the wheel. Holdman, whose distracted driving limits on teens went into effect July 1, said constituents and traffic safety experts urged him to prohibit state motorists from texting while driving. “As texting-type tasks continue to grow in popularity we have to use what resources are available to help reduce the amount of crashes and fatalities on our roads,” Holdman said in a statement announcing the Indiana text messaging legislation on Oct. 29.

Sen. Tim Lanane, D-Anderson, seeks strict penalties for texting while driving with his SB 111. “My bill likens it to drunk driving or something like it,” Lanane said. “If there is a harsher penalty, then maybe drivers will take the law more seriously.”

A New Albany plan to ban text messaging and handheld cell phone use is losing steam. City Councilman Steve Price is pushing for the distracted driving ordinance, but says he’ll go along with just a ban on texting. The city’s safety committee will meet on the issue at some point.

2009 legislation (dead):
SB 16 prohibits a driver under 18 from using a telecommunications device. Approved by the Senate and House, and returned to the Senate on April 15 for approval of House amendments. Signed into law May 7 and became effective July 1. (Holdman)

SB 80 would prohibit cell phone use for drivers under 18 unless a hands-free accessory is employed. (Kruse)

HB 1242 would prohibit motorists from using hand-held phones. Drivers with probationary licenses also prohibited from also using hands-free cell phone set-ups. (Summers)

HB 1699 would prohibit drivers under the age of 18 from using hand-held mobile phone. (Robertson)

Previous Indiana legislation notes:

The teenage driving limits legislation (SB 16) was approved by the House Roads and Transportation committee in a unanimous vote on April 1, 2009. Senate approval came Feb. 5. The House OK’d the cell phone-texting bill with amendments on April 15.

Rep. Vanessa Summers, D-Indianapolis, has filed cell phone-related bills such as 2009′s HB 1242 repeatedly, without success. She voted against SB 16 on April 15, telling fellow legislators: “Shame on you all for not doing something for yourself that you’re asking your children not to do” (banning cell phones for all drivers).

The debate over teen texting and driving understandably has been intensified after the March 21 death of Indiana college student Brittiany R. Phillips, 21, of Muncie. She had been sending and received text messages in the moments before she crashed into a tree.

Sen. Dennis Kruse, R-Auburn, hopes that once his teen driver legislation SB 80 has a hearing, it would be modified to include more rules and drivers. Kruse was inspired to author the bill after he lost control of his vehicle while on a cell phone, and ended up in a ditch. “Studies aren’t overly convincing that cell phone use is more distracting than drivers who put on makeup in the car or have dogs in the front seat with them or lean over to get something off the floor,” Kruse said. “But, there is definitely a distraction.” Kruse’s bill seeks primary enforcement status for the cell phone driving law.

Rep. Summers noted in the 2008 session: “In the seconds it takes you to dial a 10-digit number you can look up and be in the back of someone. Every year it amazes me you guys don’t get it.” “Several committee members expressed concern that there are no data to show this is a problem,” the Journal Gazette reported of the cell phone legislation.

South Bend has banned the use of cell phones in school districts. First offenses bring $75 fines, second, $125, and subsequent violations $250.

The South Bend Tribune said the city didn’t go far enough with the ban on cell phoning and driving in school zones: “In the end, will it really be safer with drivers strategizing how to get in the last word before they hit a school zone? Or making that follow-up call 30 seconds later?” It called for a citywide ban and, better, a statewide ban.

Monroe County has banned the sending of email and text messages while behind the wheel. The ordinance went into effect Jan. 1, 2009. A sheriff’s deputy died in a texting related accident in October 2008. Enforcement does not extend to Bloomington.

Background: A legislative study committee on Oct. 14 approved draft legislation that seeks more limits on teenage drivers, including a ban on cell phone use without a hands-free device. Sen. Tom Wyss, R-Fort Wayne, the bill’s sponsor and chairman of the Interim Study Committee on Learner’s Permits and Graduated Driver’s Licenses, will introduce the teen-driving legislation for the 2009 session. Sen. Travis Holdman, R-Markle, will push for that new legislation. Wyss proposed a similar bill in the 2008 session, but it was stripped of meaningful provisions before fizzling out. The study group also OK’d a separate plan to ban the use of cell phones and texting devices by bus drivers and others with public chauffeur licenses, the Indiana Star reported.

Oregon: Cell phone laws, legislation

Cell phone, texting news: Forget that big loophole in Oregon’s law prohibiting handheld cell phone use by drivers. As of Jan. 1, Oregon no longer allows drivers to use handheld cell phones if the call is related to their jobs.

Police complained that judges were throwing out distracted driving tickets when drivers testified they were making work calls. The Register-Guard called this exemption “a driver’s version of Monopoly’s get-out-jail-free card.”

Current prohibitions:

• Oregon has outlawed use of handheld cell phones by all drivers. Cell phones with hands-free attachments are allowable only for those over 18 years of age. Text messaging banned for all drivers. Fine: $142 plus costs.
• Drivers under the age of 18 with learner’s permits or intermediate licenses are prohibited from using cell phones or text messaging while driving. The ban applies to all cell phone use, regardless of whether a hands-free device is employed.

Distracted driving notes (2012):
State Rep. Andy Olsen, R-Albany, reportedly is working on a plan to reward Oregon drivers who don’t get cell phone citations. For each year without a distracted driving ticket, motorists would be able to remove an existing moving violation from their records. Deschutes County Sheriff Larry Blanton is helping Olsen craft the legislation, KBND Radio reported.

2011 legislation:
House Bill 3186: Removes a series of exceptions to the state’s current cell phone and texting law. Removes language that allowed drivers conducting business to use a cell phone. Clarifies that all text messaging while driving is prohibited. Amended and then approved by the Judiciary Committee on April 28. Approved by the full House in a 39-17 vote on May 4. Approved by the Senate in a 17-12 vote June 13 and returned to the House for approval of an amendment that specifies remaining exemptions for essential public works providers. Approved by the House in a 39-20 vote on June 16. Latest action: Signed by the governor on June 28. Takes effect Jan. 1, 2012. (Berger)

HB 2602: Would prohibit bicycle riders from using “listening devices” such as cell phones and MP3 players. Unsafe operation of a bicycle would be a class D violation. Fine up to $90. In the Judiciary Committee with no activity since January. (Schaufler)

2011 distracted driving notes:
Portland plans rolling crackdowns for vehicle safety violations this summer, with cell phone and text messaging violations a priority. “It’s not about catching people by surprise,” a spokesman for the Portland Bureau of Transportation said of the summer sweep. “It’s not about writing tickets. This is about educating the public that driving distracted is unsafe and against the law.” Mayor Sam Adams announced the crackdown, saying, “Using a cell phone behind the wheel turns your car into a loaded weapon.”

Rep. Vicki Berger, R-Salem, succeeded in plugging some of the loopholes in Oregon’s 2009 law prohibiting drivers from texting and talking on handheld cell phones. Both the House and Senate signed off on the plan (HB 3186) to clamp down on people who dodged fines by saying they were making important business calls. The governor signed the measure in late June. “This is going to clarify what we all intended, which is not to have individuals saying they’re doing this for their business,” said Sen. Floyd Prozanski, D-Eugene, the Senate sponsor.

Berger was moved to action by a Feb. 2 accident in Salem in which a texting driver killed a pedestrian.

Rep. Kim Thatcher, R-Keizer, opposed Berger’s HB 3186. “I think we’d be chasing our tails to oblivion trying to outlaw stupid,” she said.

Rep. Michael Schaufler says he’s already tired of reading the bicycling community’s complaints about his House Bill 2602, which seeks to prohibit riders’ use of “listening devices”: “People on bicycles ask for a whole lot and then they say, ‘don’t regulate us!’ ”

2009 legislation:
HB 2377: Would ban use of handheld cell phones in Oregon for all drivers. Hands-free devices OK only for those over 18 years of age. Text messaging banned for all drivers. Approved by the House on April 28, 2009, and by the Senate on June 23. Final came approval July 7-8. Oregon Gov. Ted Kulongoski signed the legislation in law on July 28. The restrictions took effect Jan. 1, 2010. The law calls for primary enforcement, meaning law officers may pull over motorists solely for texting and cell phone violations. Tickets will be $142.

HB 2038: Would prohibit use of cell phones unless a hands-free accessory is utilized. Violations could lead to suspension of driver’s license. (Same as HB 2377, but with a driver’s license suspension provision.) The House advanced HB 3037 instead.

Legislation notes (2009):
Oregon state police are concerned that the new cell phone/texting law contains a loophole. Language inserted in the original bill allows for drivers’ cell phone use “in the scope of the person’s employment if operation of the motor vehicle is necessary for the person’s job.” The intent was to allow for business use by taxi, bus and delivery drivers.

Rep. Carolyn Tomei, D-Milwaukie, is the sponsor of the successful cell phone/texting measure HB 2377 (and 2038). The new cell phone and texting law calls for primary enforcement and fines of $90. CB radios are exempted, pleasing truckers.

Just before the 2009 session began, Sen. Alan Bates, D-Ashland, told a town hall meeting that he’s not going to “cram (a ban on cell phone use while driving) down people’s throats.” Rep. Sal Esquivel, R-Medford, said that driving while using a cell phone or text messaging “is the equivalent of drunk driving.”

Oregon has a “vague” law against careless driving.

Oregon State Police report that no tickets have been written for violations of the teen cell phone law that went into effect in January 2008. The Associated Press reported: “The chances that a teenager will be cited for talking on a cell phone while driving are pretty much zero in Oregon.” Police in Portland say they’ve issued two tickets.

The law concerning cell-phone and text-messaging limits on young drivers was approved during the 2007 session. The Associated Press reported in early 2009 that “the chances that a teenager will be cited … are pretty much zero in Oregon.” In Portland, apparently no citations had been written at all. The cell phone law lists violations as “secondary,” meaning police have to pull over young drivers for another offense before citing them.

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).

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.

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.

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. 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. Some local ordinances.

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: No statewide limits on cell phone use. Some local ordinances. Texting and driving outlawed as of early March 2012.

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.

South Dakota: No limits on cell phone use.

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

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 with learner’s permits or intermediate licenses are prohibited from using cell phones while driving. School bus drivers prohibited from using cell phones while operating the vehicles.

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.

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.

Montana: Cell phone laws, legislation

Distracted driving update: Bozeman’s distracted driving law went into effect Jan. 17, with a monthlong warning period now in effect. Use of handheld cell phones and texting are prohibited for local drivers. Fines $100.

Helena’s ordinance prohibiting motorists and bicyclists from using handheld cell phones and similar electronic devices went into effect Dec. 7. Hands-free OK. Enforcement is primary with $100 tickets.

At least four other cities have taken action against distracted driving: Whitefish, Butte-Silver Bow, Billings and Missoula. Discussions are under way in Hamilton regarding a distracted driving ordinance. The City Council rejected a similar law there several years ago.

In 2011, the state Senate rejected a bill that would have prohibited use of handheld cell phones and text messaging while driving in Montana. It had been approved twice by the Transportation Committee. Sen. Christine Kaufmann, D-Helena, was the sponsor.

Current prohibitions:
None.

Distracted driving notes (2012):
The Hamilton City Council’s Committee of the Whole is expected to begin public discussions about a possible cell phone ordinance Jan. 24.

2011 distracted driving legislation (dead):
Senate Bill 251: Would ban use of handheld cell phones and other mobile electronics devices while driving in Montana. Text messaging included. Hands-free OK. Fines: $100, no points. Latest action: Approved and amended by the Senate Transportation Committee. Rejected twice by the Senate on March 18. Dead. (Kaufmann)

2011 cell phone, text messaging notes:
Bozeman city commissioners voted Nov. 28, 2011, to outlaw cell phone use and texting while driving. The distracted driving law took effect Jan. 17, 2012. After Feb. 17, $100 tickets will be handed out. Also prohibited are GPS data entry, and the use of various handheld devices and laptop computers. Bicyclists also are barred from using handheld cell phones while on a highway.

Helena city commissioners approved a ban on all cell phone use and texting while driving Nov. 7. It went into effect Dec. 7 and the warning period ends Jan. 7. A new amendment to the legislation allowing hands-free operation removed the original prohibition on all cell phone use by drivers. Bicycles included. Fines top out at $100. Commissioner Dan Ellison pushed for the law and later introduced the hands-free amendment after hearing public feedback. (Read the Helena distracted driving ordinance.)

Billings’ distracted driving law yielded almost 200 tickets in its first year, with twice as many warnings issued.

Whitefish’s ban on use of handheld cell phones went into effect Sept. 20. Police said their goal “is to educate the public and prevent violations rather than having a hard and fast rule dictating officer action.” No warning period. “It’s been well publicized,” the police chief said Sept. 7. The law specifically bans the touching of a handheld communications device while driving, including GPS units.

Half of Montana high school students surveyed admitted to text messaging while driving in the past month, the state Office of Public Instruction reports. 53 percent reported using a cell phone while driving. The survey was released in July and conducted in February.

The Butte-Silver Bow Commission voted April 6 to ban the use of handheld cell phones while behind the wheel. The ordinance went into effect May 6, with ticketing as of June 16.

SB 251 sponsor Sen. Christine Kaufmann, D-Helena, rounded up supporters for her bill such as the Montana Highway Patrol, the Montana Police Protective Association and mobile phone carrier Verizon Wireless. The groups provided testimony in favor of the distracted driving legislation at a Jan. 3 hearing. The state Libertarian Party chairman was the sole opposing voice, calling it a bid for revenues and just “feel-good legislation.” The bill eventually failed.

State Sen. Bruce Tutvedt, R-District 3, filed a 2011 bill draft request (LC0461) titled “Include distracted driving in other driving offenses.” The draft request status was changed to “on hold” as of Nov. 23, 2010. Tutvedt sits on the transportation committee.

2010 cell phone, text messaging notes:
The Montana Highway Patrol reports that in 2009, almost 100 deaths were linked to cell phone use by drivers. That compares with 63 deaths blamed on drunken driving. Commissioner Dan Ellison is doing the pushing.

Billings has banned text messaging and use of handheld cell phones while driving in city limits. Includes motorcycles and bicycles. Cell phones and related handheld devices were added to the current distracted driving ordinance in a City Council vote July 26, 2010. Final approval came Aug. 23 and the distracted driving prohibitions went into effect Oct. 31. Fines typically $110 but can be up to $300 (first offense) then up to $500. As of April 2011, 50 warnings and 10 citations have been written under the law.

2009 legislation (dead):
SB 278: Use of handheld cell phones and “mobile electronic devices” would be prohibited for all drivers. Cites PDAs, text-messaging devices, video game players and laptop. Allows for use of cell phones with hands-free listening and speaking devices. This bill marked “died in process” in late April 2009 after it cleared the Highways and Transportation Committee.

HB 49: Would have prohibited use of cell phones and text messaging devices on highways near most cities and in a school zone. Tabled in committee on Feb. 6, 2009.

2009 distracted driving notes:
The city of Missoula banned texting while driving, effective July 1, 2009. Fines range from $100 to $350. The mayor vetoed a cell phone ban that had been approved by city lawmakers. The Missoula text messaging ban also applies to cyclists. As of early May 2011, 16 citations have been handed out under the law.

A plan to prohibit cell phone use by drivers died in committee in April 2007. There was no Montana legislative session in 2008.