N.Y. texting law no turkey

Gov. Andrew Cuomo’s state police feasted on text-messaging violations over the Thanksgiving holiday, handing out 816 tickets.

“The more than 800 tickets issued in just five days further demonstrates the need for these stricter laws which focus on drivers who put others at risk by illegally using a hand-held device,” the New York governor said after the ticket tally.

The statewide distracted driving sweep “Operation Hang-Up” ran Nov. 23-27. State Police said about 330 of the texting tickets came as a result of that crackdown. The other ticketing came via regular enforcement of the state’s texting and cell phone use laws, which yields about 1,000 tickets a month.

Cuomo targeted distracted driving last summer (pictured), signing off on the Legislature’s plan to make texting (and use of various handheld electronic devices) while driving a primary offense. Cell phone use already was subject to primary enforcement in New York.

At the same time, Cuomo ordered the DMV to assess a third point against the drivers licenses of texting and cell phone violators.

The statewide number of texting-while-driving tickets increased from an average of 429 per month to 1,000 in the wake of primary enforcement.

The Governor’s Traffic Safety Committee funded Operation Hang-Up via a grant from the National Highway Traffic Safety Administration.

Several state traffic officials said the New York distracted driving sweeps would continue thanks to the federal grant.

“Using a hand-held device while operating a motor vehicle is illegal, and through future enforcement campaigns we will continue to make sure our roadways are safe for all New Yorkers,” said Barbara Fiala, commissioner of the DMV.

The New York holiday ticket sweep was announced Nov. 17.

Election hot button: distracted driving

Distracted driving has yet to emerge as an election issue in the U.S., but it’s making news on the campaign trail in Canada’s New Brunswick province.

The current Liberal government has come under fire once again for its foot-dragging in enacting specific distracted driving laws. New Brunswick remains one of two Canadian provinces without laws against text messaging while driving.

Political Conservatives have said several times during their campaign for the fall election that they’ll promptly enact distracted driving legislation if victorious in the fall.

The issue hit the front burner Sept. 6 with the death of a young man on the Trans-Canada Highway. The driver was sending a text message when he lost control of his car and crashed into a rock wall, a passenger told police.

Progressive Conservative Leader David Alward charged that the Liberals “have had an opportunity for the last few years to bring (cell phone and texting laws) forward. We’ve asked many times the minister what his position was on it.”

Liberal Leader Shawn Graham vowed that there were would be “a comprehensive piece of legislation to deal with texting, to deal with cellphones while driving and a number of other distractions that can occur behind the wheel.”

CBC News noted that the Public Safety Department had long resisted a New Brunswick ban on cellphone use while driving, focusing instead on public education. At one point it announced plans to see how distracted driving laws worked out in other provinces before taking any action.

Alward told the Times & Transcript that “New Brunswick is one of the last jurisdictions that still allows it. It is unsafe and for the protection of all our citizens, it’s necessary to do.” His party brought up the issue over the summer.

A local politician, David Kelly of Fredericton, recently asked: “What is it gonna take? “Is it gonna take a certain ration of accidents? What do we have to do here in New Brunswick? What else is it gonna take for us to go that next step?”

New Brunswick’s general election is set for Sept. 27.

Alberta also has no laws against use of handheld cell phones and text messaging. The government has said it will debate the issue this fall.

Connecticut: Cell phone laws, legislation

Texting, cell phone news: Connecticut has again increased fines for using cell phones and text messaging while driving. As of July 1, 2011, they are $125 (first offense), then $250, then $400.

Connecticut also toughened its existing distracted driving laws in 2010. Under those changes, fines for using handheld cell phones and texting became $100/$150/$200 instead of the previous $100. No more forgiveness for first-time offenders.

Current prohibitions:

• Texting outlawed for all drivers. Fines $125, then $250 and $400.
• Adult drivers (18 and older) must use hands-free devices while talking on cell phones or using a “mobile electronic device.” Fines for handheld cell phone use $125/$250/$400.
• Minors are prohibited from using wireless phones or other mobile electronic device while driving — with or without hands-free devices.
• School bus operators prohibited from using cell phones while driving.
• Use of video game players and DVD players banned for drivers.

2011 distracted driving legislation:
HB 6581 (aka Public Act No. 11-213): Sweeping changes to the state’s DMV regulations. Section on handheld cell phones and text messaging increases fines to $125, then $250 and then $400. Makes text messaging a major offense for commercial vehicle operators. Minor adjustments to distracted driving wording. Approved by the House on June 1 and by the Senate on June 8. Sent to the secretary of state on June 30, and took effect July 1, 2011.

HB 6366: Would require law officers writing a summons under electronic distracted driving laws to seize and suspend driver’s license for 24-hour period, if there is a previous conviction. Increases penalties for second and subsequent violations to up to $500 plus possibility of three months’ imprisonment. First offense fines remain at $100. Latest legislative action: Approved by the Joint Committee on Judiciary in a 23-20 vote on April 14. (Judiciary Committee)

HB 6119: Would make the second offense of illegal use of a hand-held mobile electronic device by a driver a misdemeanor. Police shall be empowered to take possession of violators’ license for a period of 24 hours. Latest legislative action: Approved March 18 by the Transportation Committee, which bundled this and other DMV-related bills in HB 6581. (Hetherington)

House Bill 6057: Drivers convicted of a second violation of driving while using a hand-held mobile telephone or mobile electronic device would be guilty of an unclassified misdemeanor. Possible imprisonment. (Tong)

HB 6138: Would allow for felony charges against a driver who causes a death or serious body injury while using a cell phone or texting. Also mandates a minimum six-month license suspension for second convictions under existing handheld cell phone/text messaging laws. (Miller)

HB 6145: Seeks felony charges against any driver who causes an accident while using a cell phone or texting. Also calls for a minimum six-month license suspension for second convictions under existing handheld cell phone/text messaging laws. (Miller)

HB 6211: Would make fines for violations of the handheld cell phone and texting laws uniform: $100 (first offense), then $150 (second) and $200 (all subsequent). Teen drivers and school bus drivers currently receive fines of $100, while the above fines apply to all other drivers. (Transportation Committee)

HB 6213: Would increase all fines for violations of handheld cell phone law by $100 — to $200/$250/$300. (Perillo)

HB 6570: Specifies that commercial vehicle drivers may not text while driving. Infractions would be classified as “serious traffic violations.” Purpose is “to comply with federal law prohibiting texting while operating a commercial motor vehicle.” (DMV via Transportation Committee)

Senate Bill 111: Would double fines for electronic distracted driving in school zones and construction zones. (Witkos)

SB 471: Would require police to impound wireless communications devices for 48 hours after issuing a summons for electronic distracted driving. See SB 961, below. (Doyle)

SB 961: Would require police to impound wireless communications devices for 48 hours after issuing a summons under Connecticut’s distracted driving laws. See SB 961, above. (Judiciary Committee)

Distracted driving notes:
HB 6366 was approved, narrowly, by the Judiciary Committee on April 14. The panel decided to reword the bill so that police “may” impound repeat offenders’ drivers licenses — instead of “shall.” Rep. John W. Hetherington said the legislation that he proposed included the seizures so that, “If you violate the law, you take some risk and that might include a severe sanction.” Hetherington, R-New Canaan, is the ranking member of the committee.

Reps. William Tong and John Hetherington, who both represent New Canaan, are co-sponsors of each other’s distracted driving bills (above).

Law enforcement officers in Hartford conducted their final sweep of cell phone and texting violators, a crackdown that ran through March 4. The federal Department of Transportation funded the pilot campaign, which began in spring 2010 in Hartford and Syracuse, N.Y. In the “Phone in one hand. Ticket in the other” campaign’s three previous sweeps, 7,200 tickets were handed out in Hartford.

The town of New Canaan is fed up with distracted drivers. Local officials and police are studying the possibility of confiscating handheld cell phones from violators of the state law. Police stopped more than 150 motorists for talking on their cell phones between June and September 2010, as part of a local campaign against distracted drivers.

2010 legislation:
SB 427: Seeks to eliminate the state’s 2005 cell phone law’s one-time forgiveness policy for violators who then buy hands-free accessories. Mandates first-offense tickets of $100, then $150 and $200. Wording specifically bans text messaging while driving. Allocates 25 percent of fine money to municipalities. Approved by the full Senate on May 3 (in a 32-1 vote) and then by the House on May 5. Signed into law by the governor on June 3. (Transportation Committee)

Senate Bill 35: Gov. M. Jodie Rell has submitted distracted driving legislation that would toughen the existing law against driving while using a handheld cell phone. Rell seeks to eliminate the 2005 law’s one-time forgiveness policy for violators who then buy hands-free accessories. Instead of the current $100 fine (subject to forgiveness), there would be a straight $50 fine until October 2011, and then a $100 fine. Fines of $500 would apply when accidents are caused by drivers using handheld cell phones or texting devices. Set aside in favor of the similar SB 427 (above), which cleared the legislature on May 5. (“Governor’s Bill”)

2010 legislation notes
Gov. Jodi Rell said as she signed SB 427 into law: “Five years ago, Connecticut became one of the first states in the nation to fight back against these totally preventable crashes. Now it is time to bolster that law. Frankly, after five years it is time to eliminate that ‘get-out-of-jail-free’ provision.”

Connecticut had 41,000 cellphone violations in 2008 and a similar number in 2009. 14,500 distracted drivers got off with a warning in 2008.

A distracted driving sweep in New Hartford yielded 129 tickets, most of them for talking on cell phones while driving. The citations were written July 24-27. The National Highway Safety Administration funded the crackdown, as it did in Syracuse, N.Y.

2009 legislation
HB 6060: Would prohibit text messaging by all drivers.

HB 5123: Would increase fines for handheld cell phone use by drivers in Connecticut from $100 to $150.

HB 6066: Would increase fines for handheld cell phone use by drivers from $100 to $200.

HB 6410: Would allow members of armed forces to use handheld cell phones while driving if on duty. Approved by House on April 29, 2009.

HB 6059: Seeks additional fines of $500 for causing an accident while on a handheld cell phone. If accident results in a death, $500 plus one-year suspension of driver’s license.

Legislation notes:
Connecticut’s prohibitions on handheld cell phones were enacted in October 2005 via HB 6722.