Alaska texting law gets a rewrite

A pair of state representatives have submitted to the Legislature a new version of Alaska’s text messaging law to ensure its intent is clear to the courts.

Reps. Les Gara and Bill Thomas on Jan. 6 filed the bipartisan legislation House Bill 255, which would remove any doubt that texting and driving is illegal in Alaska.

The ambiguous wording of Alaska’s 2008 prohibition on texting & driving came back to haunt legislators when a magistrate in tiny Kenai ruled that the state needed to be more precise with the distracted driving law. The magistrate noted correctly that its wording never actually refers to “text messaging.”

Instead, Alaska Statute Section 28.35.161 created “the crime of driving with a screen device operating” under which cell phone users are exempt for purposes of “verbal communication.”

Magistrate Jennifer Wells dismissed a texting & driving case in December 2011, saying: “If the Alaska legislature wanted to prohibit texting, then it should have, and could have, clearly said so.” The state of Alaska is appealing Wells’ decision.

Magistrates in Fairbanks received instructions from a supervising judge not to enforce the law as well.

Rep. Gara, D-Anchorage, said Jan. 4: “Rather than wait for appeals, we want to send a clear message to the public, now, that texting, and typing on personal and computer devices can cause death and serious injury. The current uncertainty in the law sends a weak safety message to the public.”

Separately, Gara told the Alaska Dispatch: “We think the current law is OK, we agree with the judges that have been enforcing it. There’s a good faith disagreement among the judges (that would be resolved by clear wording).”

Several legislators from both parties will be signing on sponsors, said Gara and Thomas, R-Haines. Rep. Max Gruenberg, D-Anchorage, and at least one other House Republican will be prime sponsors, they said.

Several distracted driving bills are pending in the Alaska 2011-2012 legislative session, but they’re given little chance of succeeding. The Gara-Thomas legislation is deliberately distanced from those bills — some include cell phone provisions — to ensure quick passage, the sponsors said.

(originally posted Jan. 5 and updated with the bill filing Jan. 6)

View the Alaska distracted driving news page.

Distracted driving year in review

The debate over distracted driving burned hotter than ever as 2011 ended, thanks to a controversial call for a total ban of cell phone use while behind the wheel.

The year saw significant progress in the legislative war on against distracted driving.

While some state laws prohibiting use of handheld cell phones took effect, most of the success came with bans of text messaging while driving.

Here’s a recap of the big distracted driving stories of 2011:

New year, new laws (Jan. 1-2): Three states — Delaware, Kentucky and Kansas — see their new distracted driving laws take full effect as 2011 arrives.

Remembering Heather (Jan. 5): A stretch of Florida’s U.S. 27 is named in the memory of texting & driving driving victim Heather Hurd. State lawmakers then spend the rest of the year ignoring “Heather’s Law” and related distracted driving legislation. The Department of Transportation features Hurd and other victims in a its new Faces of Distracted Driving series.

Multimedia cars on parade (Jan. 8): The big Consumer Electronics Show confirms that automakers are quickening the pace toward making vehicles hubs of electronic information and entertainment. Toyota and Hyundai unveiled new wireless communications and data systems. Ford rolled out an electric car, with “wireless-connected vehicle services.” GM’s OnStar plugged its app that reads text messages and checks for Facebook updates.

N.Y. makes 2 points (Feb. 11): New York’s DMV assesses 2 points against the driver’s license of handheld cell phone violators. The points already were being charged against text messaging drivers. The governor thinks that’s still not enough of a deterrent and takes action in the summer.

April’s the month: Distracted Driving Awareness Month debuts with the support of safety advocates, law enforcement agencies and the U.S. DOT. Former U.S. Rep. Betsy Markey helped make the designation official last year.

Distracted summit sequel (April 21): “I can’t think of another safety issue in American history that’s gained so much traction in such a short period of time,” Transportation Secretary Ray LaHood tells the Illinois Distracted Driving Summit. LaHood, left, cites “tremendous grassroots groundswell against distracted driving.”

No. 31, North Dakota (April 26): Gov. Jack Dalrymple approves legislation that bans all texting while driving. He also OKs a ban on electronic communications device use by teen drivers. North Dakota became the 31st state to ban text messaging while behind the wheel.

No. 32, Indiana (May 11): Gov. Mitch Daniels enacts a law banning text messaging while driving, with fines up to $500. The new law essentially expands the state statute against teen texting to all drivers, with primary enforcement. Indiana became the 32nd state to outlaw texting & driving.

Ticket swarm in Golden State (April): In California, what is called the nation’s largest campaign against distracted driving results in more than 53,000 citations during April. The “zero tolerance” sweep involves 103 CHP offices, and more than 280 local and regional law enforcement agencies.

No. 33, Maine (June 3): Gov. Paul LePage OKs safety legislation that specifically bans texting while driving as a primary offense. A general distracted driving law went into effect in 2009, but its author Sen. Bill Diamond returned with the new texting measure that “deals better with the cause of the problem.” Maine became the 33rd state to ban texting while driving.

“Intrusion” in Texas (June 17): Gov. Rick Perry vetoes safety legislation that would have banned texting while driving in Texas. He calls House Bill 242 an “intrusion” and a “government effort to micromanage the behavior of adults.” A month later, the Republican announces he’s running for president.

No. 34, Nevada: Gov. Brian Sandoval signs off on legislation banning handheld cell phone use and text messaging for all drivers. Fines are $50 then $100 and then $250. Maine became the 34th state to ban texting & driving.

N.Y. gets tougher (July 12): Gov. Andrew Cuomo signs into law a plan to make texting while driving a primary offense. He immediately follows up the action by ordering the DMV to assess a third point against the drivers licenses of texting and handheld cell phone violators. Use of handheld cell phones already carried primary status in New York.

Smith exits (July 13): Jennifer Smith, the high-profile president of FocusDriven, steps down from her post at the the distracted driving victims advocacy group. She’s no longer listed as a board member.

Brown-out (Sept. 6): California Gov. Jerry Brown vetoes a plan to double fines for distracted driving violations, saying he was not interested in overburdening “people of ordinary means.” Senate Bill 28 also would have applied the ban on hands-free electronic device use to bicyclists. State Sen. Joe Simitian says the veto of his bill results in “a lost opportunity to save more lives.”

No. 35, Pennsylvania (Nov. 9): Gov. Tom Corbett signs off on legislation that bans texting while behind the wheel. The original Senate bill called for a ban on handheld cell phone use as well, but the provision was removed by House Republican leaders. Pennsylvania became the 35th state to outlaw texting while behind the wheel. The law takes effect in March 2012. Enforcement is primary, with $50 fines.

Two-handed truckers (Nov. 23): Interstate truck drivers who use handheld cell phones face fines of up to $2,750 under a final rule issued by the DOT. After two violations of the rule, drivers would lose their licenses at the state level. The handheld device ban also applies to bus drivers. The ban affects about 4 million commercial drivers.

“Distraction-affected crashes” (Dec. 8): The NHTSA changes its way of tracking distracted driving accidents, resulting in a significantly lower number of deaths reported for 2010. The National Highway Traffic Safety Administration dubs the revamped category “distraction-affected crashes,” with the focus on cell phone use and text messaging. The result: 3,092 people died in distracted driving incidents, down significantly from 2009′s 5,474 fatalities. The DOT says the lower number doesn’t indicate progress: “All of our evidence suggests that the problem may actually be getting worse.”

NTSB seeks total ban (Dec. 13-21): Saying, “It is time for all of us to stand up for safety by turning off electronic devices when driving,” the National Transportation Safety Board calls for a nationwide ban on drivers’ use of portable handheld electronic devices. A week later, DOT chief Ray LaHood publicly distances himself from the NTSB plan, saying, “The problem is not hands-free (use of electronic devices).” The year ends with massive media coverage of the issue.

Read the full stories in Hands Free Info’s Distracted Driving News section.

Copyright 2011 Glenn Abel.

Pennsylvania texting law breakdown

Specifics of the ban on text messaging that was approved by Pennsylvania Gov. Tom Corbett on Nov. 9, 2011:

• Prohibits as a primary offense all drivers from using an Interactive Wireless Communication Device (IWCD) to send, read or write a text-based message.
• Defines an IWCD as a wireless phone, personal digital assistant, smart phone, portable or mobile computer or similar devices that can be used for texting, instant messaging, emailing or browsing the Internet.
• Defines a text-based message as a text message, instant message, email or other written communication composed or received on an IWCD.
• Institutes a $50 fine for convictions under this section.
• Makes clear that this law supersedes and preempts any local ordinances
  restricting the use of interactive wireless devices by drivers.

The law takes effect in early March 2012.

Source: Pennsylvania Office of the Governor

Pennsylvania bans texting & driving

Pennsylvania drivers will no longer be able to text message as of early March. Gov. Tom Corbett signed off on legislation Nov. 9 that bans texting while behind the wheel.

Fines will be $50. Enforcement is primary, which allows police to pull over drivers for that infraction alone.

“No text message is worth a human life,” Corbett said during the bill-signing event. “The message of this legislation is drive now and text later.”

(This content first posted on Nov. 1 and updated on Nov. 9.)

Pennsylvania has become the 35th state to outlaw texting while behind the wheel. The state’s long-running drama over distracted driving legislation will continue, however.

A provision in Senate Bill 314 that would have banned use of handheld cell phones while driving was removed by the House’s Republican leadership and the Senate went along, in order to get some kind of distracted driving law on the books.

The Senate voted Nov. 1 to approve the bill, a day after the House voted in favor of the measure.

The Senate already approved the bill earlier in the year, when it included a ban on use of handheld cell phones while driving. The House removed the mobile phone provision in mid-October and the Senate signed off on that change Nov. 1.

SB 314 sponsor Sen. Tommy Tomlinson, R-Bucks (pictured), said after the vote against texting & driving: “It’s one of the most important things we can do to prevent needless tragedies. Texting is one of the most dangerous distracted driving activities that motorists engage in. … The consequences can be deadly.”

House majority leader Mike Turzai, R-Allegheny, indicated that legislation that would ban the cell phones remained under consideration. That’s good news for police, who under the new law will have to determine if a driver is texting or simply punching in a phone number.

Numerous distracted driving measures were submitted for the 2011 legislative session, as in past years.

• Read the Pennsylvania texting law’s specifics
• Read the Pennsylvania distracted driving news page

Sen. Allan Kittleman, class clown

When Maryland legislators approved a texting and driving bill last year, they screwed up. The law banned writing and sending of text messages while driving, but not the reading of texts.

Drivers also were free to text away at red lights, with their motors running and transmissions in drive.

The well-intentioned legislators behind the Maryland texting law struggled with proper wording of a texting and driving bill, as have many other lawmakers nationwide. You’d think legislation designed to close these loopholes would sail through the General Assembly, but not this year.

Meet state Sen. Allan Kittleman, former minority whip and current class clown of the Maryland Senate.

As SB 424 neared a preliminary approval in the Senate, Kittleman decided to tack on an amendment that would have made it illegal to read a newspaper while driving. It was immediately rejected. Then he tried an amendment that have criminalized eating and drinking while driving. Another quick rejection.

“You can’t tell me it is more safe to hold some French fries and a Big Mac and Coke than it is to look down and read some text messages,” Kittleman said.

SB 424′s sponsor, Sen. James Brochin, responded, dryly: “Eating is not a cerebral event,” he said. “You just do it.”

Kittleman later explained that he’d filed the amendments in order to make a point about the folly of legislating distracted driving behaviors since they were too numerous.

He wasn’t really serious, he said.

Perhaps Kittleman would like to try out his comedy routine before the families of more than 380 people killed by distracted driving in Maine over the past five years.

Tough crowd, we hear.

Wisconsin: Cell phone laws, legislation

Cell phone, texting update: Wisconsin’s ban on text messaging is now in effect. Wisconsin was the 25th state to outlaw texting while behind the wheel.

Rep. Peter Barca reportedly is preparing legislation for 2012 that would bar Wisconsin drivers from using all handheld wireless devices, including cell phones. Barca, D-Kenosha, pushed through AB 496, the bill that became Wisconsin’s anti-texting law.

At least three distracted driving bills have been filed for the 2011-2012 legislative session (below). None seeks to ban use of handheld cell phones by all drivers.

State Police said they wrote only 162 citations in the texting law’s first nine months. Police note that telling whether a driver is texting can be tricky, since they could be dialing a phone number or accessing another function on a smartphone.

Current prohibitions:

• Text messaging outlawed for all drivers. Fines from $20 to $400 with a possible 4 points against the driver’s license.
• The state outlaws distracted driving, or “being so engaged or occupied as to interfere with the safe driving of that vehicle.” The fine is $173 and 4 points.

Distracted driving notes:
Wisconsin’s new ban on text messaging while driving specifically prohibits the writing and transmitting of messages while the vehicle is in motion. It does not outlaw the reading of text messages or use of the Internet. Police say they’ll fall back on the inattentive driving law if other activities on handheld electronic devices lead to unsafe behaviors.

Law officers in Green Bay have written two tickets in the first 11 months of the state’s texting and driving law. Police and deputies blame the texting law itself, which allows typing on handheld devices in order to make a cell phone call. Wisconsin Assembly Bill 496 sponsor Rep. Peter Barca told WBAY: “The goal of the text-messaging ban was not to be able to issue all kinds of citations to make revenue for our community. It really was to try to help communicate how dangerous of a practice it is to text while driving.”

State Rep. Dean Kaufert, R-Neenah, correctly predicted that legislation limiting use of cell phones while driving would not succeed in 2011. “Many legislators were reluctant to go any further (at the time of the texting ban’s approval),” he told Gannett Wisconsin. “There’s not a huge outcry to ban cell phones.”

State officials say 18 percent of Wisconsin’s vehicle crashes in 2009 were caused by distracted drivers.

2011-2012 distracted driving legislation:
Assembly Bill 291: Would prohibit use of cell phones and other wireless handheld communications devices by drivers under the age of 18 with probationary licenses and instruction permits. Fine: $50, then $50-$100 after that. (Bernier, Petrowski)

AB 131: Would prohibit a school bus driver or any driver involved in “pupil transportation services” from using a cellular telephone or other wireless telecommunications device while the vehicle is on the roadway or loading or unloading passengers. Fine: $200 then up to $500. With second conviction, loss of school bus license for six months. (Kerkman)

AB 206: Would add cable TV and satellite TV to current prohibition against drivers’ viewing of broadcast signals. Also prohibits drivers from viewing “fluctuating images” (catch-all term). Creates category of inattentive driving targeting any viewing of entertainment content by drivers. (Bies)

2010 legislation:
Wisconsin Assembly Bill 496: Would outlaw text messaging while driving. Fines from $20 to $400 (formerly $100-$800). The Assembly Transportation Committee voted 12-0 to approve the bill on Nov. 10, 2009. Approved by the full Assembly on Jan. 19, 2010, and sent to Senate, which amended and signed off on the bill April 13. Final approval came in the Assembly on May 4 and AB 496 was sent to the governor, who signed the legislation May 5. (Barca)

Wisconsin Senate Bill 103: Would prohibit use of text messaging devices while driving on state roads and highways. Approved by the state Senate in a 27-5 bipartisan vote on Oct. 20, 2009. The Assembly approved its version, AB 496, above, on Jan. 19. (Lasee)

AB 341: Would prohibit any under age 18 who is driving under an instruction permit or probationary license from using a cell phone of any kind, or other wireless telecommunications devices if they are not installed in the vehicle. Last seen in Assembly Rules Committee. (Pasch)

SB 91: Would ban school bus drivers from using cell phones or other wireless communications devices while transporting students. Approved by the Senate Transportation Committee in a unanimous vote on Sept. 16, 2009, and sent to the Rules Committee. (Carpenter)

SB 355: Seeks to outlaw text messaging while driving. Sent to Senate Transportation Committee on Oct. 16, 2009. (Lehman)

2010 legislation notes:
Rep. Peter Barca, D-Kenosha, saw his anti-text messaging legislation AB 496 approved by the full Assembly in an 89-6 vote on Jan. 19. The Senate passed its version, SB 103, in October. Fines and penalties are the only differences of note between the two bills.

“We don’t foresee a problem with the Barca bill,” a spokeswoman for state Sen. Russ Decker, D-Weston, told the Wisconsin State Journal in a story on the text messaging bill passage.

Assembly Majority Leader Tom Nelson, D-Kaukauna, made it a priority to schedule a vote on the text messaging bill AB 496 when the 2010 session began.

The Wisconsin teen-driving bill, AB 341, would bring fines of up to $40 for a first offense and up to $100 for subsequent violations in the same year. Sponsor Rep. Sandy Pasch, D-Whitefish Bay, is not in favor of expanding the bill to include all drivers. “Many people are still reluctant to give up their cell phones, despite the evidence.” The bill received an Assembly committee hearing on Sept. 10, 2009.

The text messaging bill SB 103 would bring fines of between $100 and $400 for first offenses; between $200 and $400 for subsequent offenses; and between $300 and $2,000 for causing bodily harm while texting. 30-day jail terms could apply for injury accidents. State Sen. Alan Lasee, R-De Pere, is the sponsor. The bill was approved by the transportation committee on July 17, 2009. Lasee agreed to change the bill to include just drivers under 18, but Republicans pushed for the plan to cover all drivers before passage on Oct. 20. The text messaging ban was sent to the Assembly and approved by its Transportation Committee.

A similar bill on driving while text messaging — SB 355 — passed the Senate but ultimately failed last year.

“It does not take a rocket scientist to come to the conclusion that text messaging is one of the most dangerous things that one can do while driving,” Lasee has said. “This is no different than writing out Christmas cards to your family while driving down the road, and it is an accident waiting to happen.”

The city of Black Rock is considering a ban on cell phone use for all drivers.

State Rep. Jerry Petrowski, R-Marathon, has three times proposed bans on teenage drivers using cell phones and text-messaging devices.

Here’s a scary one: Two teenage girls in the Town of Rietbrock were both cited for driving while drinking and text messaging. They crashed their car and it rolled over. Apparently the passenger was steering while the driver text messaged.

Regional ordinances
Waupaca County has banned handheld cell phone use by drivers and text messaging, but the sheriff has refused to enforce the mobile phone ordinance. “I think the right way to go about it is statewide,” Sheriff Brad Hardel said. “I would prefer to use it as a warning and educational device at this point.”

The city of Kenosha has banned text messaging while driving. The ordinance was approved in November 2008.

Text-messaging ban passes Calif. Senate

The architect of California’s ban on drivers’ use of hand-held cell phones has made good on his promise to encore with a state ban on text messaging while operating a motor vehicle.

Sen. Joe Simitian, D.-Palo Alto, saw his SB 28 pass the California state Senate by a 25-14 margin, almost entirely without Republican support.

Update: Gov. Arnold Schwarzenegger signed the text-messaging driving ban into law on Sept. 24, 2008.

Schwarzenegger, a Republican, indicated previously that he’d be supportive of taking action to prevent drivers from tapping out messages on cell phones and other portable devices. The bill had been in danger of not being enacted promptly because of California’s budget standoff.

The (new law) prohibits driving “while using an electronic wireless communications device to write, send, or read a text-based communication.” The law “would impose a base fine of $20 for a first offense and $50 for each subsequent offense.”

“Texting while driving is so obviously unsafe that it’s hard to believe anyone would attempt it, yet everyday observation suggests there are an awful lot of folks who do,” Simitian told the Los Angeles Times after the text-messaging bill was routed to the governor’s desk.

Simitian’s ban on the use of cell phones by drivers unless they use hands-free devices went into effect July 1. He’d indicted he would push for the text messaging ban after the success of the hands-free bill, seeking not to spook legislators.

California’s Highway Patrol reportedly wrote 7,182 cell phone citations statewide during July. Teen drivers, who not allowed to use cell phones or text message, received fewer than 50 tickets.