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.

Oregon: Cell phone laws, legislation

Cell phone, texting news: Drivers in Oregon are not be allowed to text message and cell phone use will be limited to adult motorists using hands-free attachments. The law went into effect Jan. 1, 2009.

Current prohibitions:
Oregon has outlawed use of handheld cell phones in Oregon for all drivers. Cell phones with hands-free attachments are allowable only for those over 18 years of age. Text messaging banned for all drivers.

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.

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:
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.

Sponsor 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: 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: 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: Drivers with permit licenses banned from use of cell phones or texting devices. Text messaging outlawed for all drivers (effective Jan. 1. 2011).

Kentucky: Text messaging prohibited for all drivers (fines begin Jan. 1). 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: The state 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. Drivers under the age of 18 and drivers with learner’s permits or intermediate licenses are prohibited from using cell phones. Effective Oct. 1, 2010, cell phone use while driving is prohibited unless a hands-free device is employed.

Massachusetts: 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 under the age of 21.

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: No limits on cell phone use.

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 (secondary enforcement). 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: No limits on cell phone use.

Ohio: No statewide limits on cell phone use. Some local ordinances.

Oklahoma: No limits on cell phone use.

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.

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: Text messaging banned as of Dec. 1, 2010. No limits on cell phone use. The state does have a general distracted driving law.

Wyoming: No limits on cell phone use. Text messaging prohibited for all drivers (effective July 2010).

Montana: Cell phone laws, legislation

Distracted driving update: The Montana Legislature is not in session in 2010. The next session begins Jan. 3, 2011. As of spring 2010, no drafts had been posted regarding driving and cell phones or text messaging devices.

Billings has outlawed text messaging and use of handheld cell phones while driving.

Current prohibitions:
None.

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.

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. Final approval came Aug. 23. The bans go into effect Oct. 31. Fines typically $110 but can be up to $300 (first offense) then up to $500.

2009 legislation:
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.

Legislation 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.

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