Arizona: Cell phone laws, legislation

Cell phone, text messaging news — Two distracted driving measures are advancing in the Arizona Legislature: Senate Bill 1056, which would ban texting and cell phone use by many junior drivers, was approved Jan. 26 and sent to the House. House Bill 2512, which would prohibit texting by all drivers, won the approval of the Transportation Committee on Jan. 26.

At least five distracted driving bills were filed for the 2012 legislative session. State Rep. Steve Farley is listed as sponsor of three of them. No distracted driving legislation succeeded in 2011.

The head of the Governor’s Office of Highway Safety won’t back a ban on text messaging while driving because of enforcement concerns.

“How can you prove, from outside of a vehicle, if a person is text messaging or dialing a phone number?” highway safety director Alberto Gutier asked on KTAR radio. Gutier, a Republican, also dismissed the possibility of a handheld cell phone law, saying education could solve the problem.

Current prohibitions:

• In Phoenix, drivers are prohibited from text messaging. Fines are $100 or $250 (accident).
• School bus operators may not use cell phones while driving.

Distracted driving legislation (2012):
Senate Bill 1056: Would prohibit use of wireless communications devices by drivers with learner’s permits and drivers under 18 years old who have had their class G licenses for less than six months. Fines: $75 then $100 plus restriction extensions and possible license suspension. Secondary enforcement. See HB 2331 (below). Read SB 1056 fact sheet. Approved by the Senate Public Safety and Human Services Committee in a 4-0 vote on Jan. 18. Latest legislative action: Approved by the full Senate in a 23-6-1 vote Jan. 26 and transmitted to the House. (McComish)

House Bill 2512: Would prohibit texting while driving in Arizona. Fines: $50 but $200 if driver is involved in accident. Latest legislative action: Approved by the House Transportation Committee in a 6-2 vote Jan. 26. (Urie)

HB 2311: Would prohibit use of wireless communications devices by drivers with learner’s permits as well as drivers under 18 years old who have had their class G licenses for less than six months. Fines: $75 then $100 plus restriction extensions and possible license suspension. For violations of cell phone/texting law, restrictions on offender’s license would be extended for six months or more. Secondary enforcement. (Farley, Hobbs, etc.)

HB 2312: Seeks to outlaw driving while distracted “in any manner.” Also, would require accident investigators to indicate whether distracted driving was a factor in a crash. (Farley, Tovar)

HB 2321: Would outlaw text messaging while driving in Arizona. Fines: $50 but $200 if driver is involved in accident. (Williams, Farley)

2012 distracted driving legislation notes:
Rep. Steve Farley said during debate on a texting bill Jan. 26: “The types of things you do when you are texting are horrific — whether you’re running into the sides of moving trains, which has happened, or crossing over a center line and hitting a mom head-on, leaving her kids without a mom, which happened in this state in July 2007.” Farley, D–Tucson, has submitted distracted driving legislation in at least three years.

Sen. John McComish, R-Phoenix, says his SB 1056 would be an extension of the (novice driver) class G license restrictions that he pushed through the Legislature several years ago. “It gives parents another tool so they can say, ‘Hey, the law is you can’t use your cellphone,’ ” he told the Arizona Republic in January. HB 2311 is the House version.

A highway safety group rated Arizona’s traffic laws the second worst in the country, behind South Dakota. The lack of distracted driving laws contributed to Arizona’s “red” rating from the Advocates for Highway and Auto Safety. The director of the Governor’s Office of Highway Safety said he was “questioning the whole ranking and the whole report.”

2011 distracted driving legislation notes:
As the year ended, Tucson commissioners were working toward an ordinance that would ban texting while driving. Passage is expected, but debate is expected center on the issue of primary or secondary enforcement. The draft law reportedly is based on Phoenix’s distracted driving ordinance, enacted in 2007 with primary enforcement status.

In 2011, the Arizona state Senate approved a bill that sought to ban texting. Sen. Al Melvin’s SB 1538 never advanced in the House, where it was “held” until session’s end. No other distracted driving legislation emerged from committees during the 2011 session.

Rep. Steve Farley returned in 2011 with a bill that would have banned use of handheld wireless devices by under-18-year-old drivers. He has supported distracted driving legislation since 2007, but none has become law. He discusses the bill in the video below: (text continues)

The AAA says of Farley’s SB 1538: “(We) wholeheartedly support this legislation, as it would save lives by banning the most dangerous distraction on the road.”

The Yuma Sun observed March 12: “Opponents of Sen. Al Melvin’s measure (SB 1538) point out that it does nothing to address talking on cell phones — something many consider distracting — or surfing the web, watching a movie or playing a game on a cell phone. The newer “smart” phones allow all of that to be done — yes, even while driving. … It is likely there is a lot more distracted driving involving cell phones than most of us imagine. … There are many forms of distraction and trying to address it one piece at a time — as texting laws do — makes no sense. Toughen laws against distracted driving in general.”

In the 2009 session, Melvin’s SB 1443 included a provision to ban use of handheld cell phones, but that was stripped out in order to get some kind of texting ban through. Even so, Melvin’s text messaging ban failed in 2009 and 2010.

2011 distracted driving legislation:
SB 1538: Would ban texting by all drivers. Fines: $50 or $200 if an accident results. One-year warning period. Amended by sponsor to allow for texting while halted in traffic. Marked as “do pass” by Senate Transportation Committee on March 10. Latest legislative action: Approved by the Senate in a 18-12 vote on March 15 and transmitted to the House, where it was “held” until time ran out on the session. (Melvin)

SB 1111: Seeks to outlaw use of handheld wireless devices while driving in Arizona. Fines: $100 (first offense), $250 plus community service (second) and $500 plus community service (third). Fines double if accident results. “Held” in committees. (Pierce)

HB 2426: Would prohibit drivers under the age of 18 (with Class G licenses) from cell phoning or text messaging while behind the wheel. Fine: Extension of restricted period for six months. “Held” in committee as of Feb. 10. (Farley)

2010 legislation notes:
Glendale has considered a ban on text messaging that’s modeled on the Phoenix ordinance. “This should be a statewide policy,” one councilman said. “But the Legislature has failed to do it.”

Sen. Al Melvin, R-Tucson, returned with legislation (SB 1334) calling for a ban on text messaging while driving on Arizona’s roads and highways. The texting bill was shot down in a tie vote on March 2. He asked for the Senate’s reconsideration since as many as eight senators were absent. The texting while driving bill was approved on March 22.

The Senate’s Republican president and its minority leader both oppose laws against texting while driving. Verizon, Sprint Nextel and AT&T are expected to support texting bans in Arizona.

Phoenix’s ban on texting while driving, enacted in 2007, has resulted in an average of 1.5 tickets per month, as of November 2009. Police claim enforcement of the texting ban is quite difficult.

Coconino County’s supervisors on Feb. 23 shot down a plan from the Board of Health that would have outlawed texting while driving. They backed state efforts to rein in texting while behind the wheel.

2010 cell phone, texting legislation (all dead):
SB 1334: Would outlaw texing by all drivers unless a hands-free device or voice-activated function is employed. Fine $50/$200 if an accident occurs. Approved on Feb. 15 by the Senate Committee on Natural Resources, Infrastructure and Public Debt. Defeated in the full Senate (due to tie vote) on March 2, but then approved on March 22 in a 19-10 vote. Bill “held” in the House until the legislature adjourned April 30. (Melvin-Farley)

HB 2656: Would prohibit restricted license holders under the age of 18 from using cell phones or wireless communications devices such as PDAs while driving. Violators would have restriction period extended by six months regardless of drivers’ age. (Farley)

SB 1067: Seeks to prohibit drivers from viewing video images — includes TV, DVD. Would outlaw installation of these devices where screen can be seen by driver. Approved by the Senate on March 1 and transmitted to the House, where it was approved by the transportation committee. (Nelson)

2009 legislation:
SB 1443: Would ban text messaging for all drivers in Arizona. (Previous version that cleared committee would have prohibited use of handheld mobile phones.) Rejected by the full Senate on a 15-14 vote held June 22.

HB 2492: Would prohibit text messaging while driving on Arizona roads.

HB 2590: Would outlaw use of handheld phones by drivers under the age of 18. Hands-free operation OK.

HB 2191: Seeks to ban driving and talking on cell phones, unless a hands-free accessory is utilized.

2009 legislation notes:
Sen. Al Melvin, R-Tucson, narrowed the scope of his Arizona Senate Bill 1443 to cover only text messaging but it wasn’t enough. The original handheld cell phone ban was approved by the Senate Committee on Public Safety and Human Services on June 17, 2009, but the full Senate rejected even the texting version on June 22.

“It seems hardly a week goes by that we don’t hear of a horrendous accident in the United States involving not just one but multiple loss of life, mostly because of the driver texting,” Melvin said prior to the Senate’s rejection. “That’s the sole motivation here, is to save lives.”

In 2007, a bill seeking to ban all cell phone use while driving failed to advance through the GOP-controlled Legislature. The sponsor was Rep. Tom Prezelski, D-Tucson. Also in 2007, Phoenix banned texting while driving.

2008 cell phone/texting bills

HB 2397: Would have required all drivers to use hands-free devices with cell phones.

HB 2396: Would have banned drivers from texting via a cell phone or PDA.

HB 2398: Would have prohibited drivers with learner’s permits from using cell phones