Washington state: Cell phone laws, legislation

Cell phone/texting news: The state Senate has voted to toughen Washington’s ban on drivers’ use of handheld cell phones and text messaging units by assigning primary enforcement priority to violations. The bill advanced to the House on Feb. 5, 2010. The 2008 distracted driving law has lowered the number of accidents attributed to the devices, the State Patrol says.

Current restrictions:
Drivers are prohibited from holding cell phones and other wireless communications devices to their ears.

Drivers are prohibited from text messaging.

Pending legislation (2010):
Washington State Senate Bill 6345: Would make text messaging and holding a cell phone to the ear while driving primary offenses, toughening the existing state law. Also would prohibit drivers with instruction permits or intermediate licenses from using cell phones or text messaging. Fine of $124. Companion bill to HB 2635, below. Approved by the state Senate on Feb. 5, 2010, and transmitted to the House. (Eide)

Washington State House Bill 2635: Companion bill to SB 6345, above. Fine of $124. Heard in House Transportation Committee on Jan. 18. (Carlyle)

Washinton cell phone/texting legislation notes:
State Sen. Tracey Eide, D-Federal Way, said after the Senate passed her SB 6345: “It’s becoming an epidemic, people are not paying attention, and it’s extremely serious.” The vote was 33-15.

Eide, who sponsored the state’s 2008 hands-free law for cell phone use, returned with SB 6345, which would make violations a primary offense — meaning law enforcement officers may pull over drivers for that reason alone.

Eide’s bill also would cover primary enforcement for text messaging while driving and eliminate cell phone use entirely for drivers with learners permits or intermediate licenses. State Rep. Reuven Carlyle, D-Seattle, has the companion bill, HB 2635.

During SB 6345 debate in the Senate Transportation Committee, a student crossing guard testified as to the dangers of his job due to adult drivers distracted by their cell phones.

“Studies show that texting drivers are as dangerous on the road as drivers with a blood-alcohol level of .16 — twice the legal limit,” Eide said in a statement. “When you consider that two-thirds of teen drivers say they text and drive, we’ve got a critical public-safety issue on our hands. We need to strengthen our laws.”

In testimony before the House Transportation committee on Jan. 18, Carlyle said: “In Washington state, 97 percent aware (driver cell-phoning and text messaging are) against the law, but it is flouted because it’s a secondary offense.” State Patrol Chief John Batiste testified in favor of the bill, likening the offenses to drunk driving.

The text-messaging ban went into effect Jan. 1, 2008. The hands-free law became effective July 1, 2008, the same day as California’s heavily publicized cell phone driving law.

The fine for using a cell phone without a hands-free device is $124, but drivers must have committed another infraction to get that ticket. (See 2010 legislation, above.)

One year after the cell phone driving law took effect, the State Patrol reported these numbers: 4,939 drivers were stopped for use of handheld cell phones and 1,659 were ticketed. The majority of stops resulted in warnings. For text messaging, the State Patrol said 577 drivers were pulled over and 221 tickets were written. The number of collisions attributed to use of handheld devices fell from 1,118 (2007) to 827.

The 2009 Legislature adjourned on April 26, 2009. No bills concerning cell phones or text messaging were considered.

Washington state drivers’ attitudes about the cell phone driving law are being tracked by the insurance company PEMCO. In February 2008, before the law went into effect, a poll of drivers found that 60 percent of them believed motorists’ use of a handheld cell phone should be a primary offense. Three months after the law took effect, 50 percent replied that should be a primary offense.

“Perhaps not surprising, younger drivers are significantly more likely than their older counterparts to prefer that the law remains a secondary offense,” the PEMCO pollsters reported. “For their part, younger drivers are also more likely to admit that they talk on the phone only if they don’t see a law enforcement person nearby (19 percent versus 4 percent).”

Texting law leader: Washington was among the first six states to outlaw text messaging while driving. As of summer 2009, 14 states have adopted texting bans for motorists.

The prohibition of using hands for cell phone use while driving was signed by the governor in May 2007.