Wisconsin: Cell phone laws, legislation
Last updated: December 28, 2011 · Print this report · Comment
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.
Wondering if there is any legislation being considered against the use of cell phones while driving. My husband and I were almost hit today on 76th St. near Southridge by a young girl on the cell phone. She started wandering into our lane, not sure she was even aware how close she came to hitting us.
Thank you. Sharon Cornehls
I think the state of WI should consider a ban on cell phone usage while driving, period. It is increasingly apparent that the distraction of either talking or texting added to attempting to operate a vehicle is too much for many to handle. I’d prefer to keep my life, thanks.
I do not understand why this is even an “issue.” Taking your eyes off the road to text, email, read, surf the net….plain and simple- is wrong! Common sense. Why do we need a law (though I truly understand why) to tell us people are being plain stupid? Shut the darn thing off- it was not that long ago that most of us had to WAIT until we got home to make or take a phone call. Come on..
I am more fearful of being killed by a cell phone driver than a drunk driver. They out number the drunks a thousand to one!!!!! There should be absolutely no question in anyone’s mind about this. What is the argument???????
NEED law banning cell phone usage in Wisconsin and the entire country! Agree with Lynn, what is stalling this law and why any argument about it?
PLEASE OUTLAW CELL PHONE USE WHILE DRIVING. i HAVE HAD TOO MANY CLOSE CALLS.
cell phones should only be allowed in cars if used with bluetooth/handsfree devices. texting or dialing the phone – what’s the difference? ban it all. people are getting carried away with this and people will be killed. Maybe the phone in the car should just not be allowed by drivers when it is in motion – they are distracted even when just talking. I work in the railroad industry and we are not allowed to even have it turned on while on the train, this should be a standard – we don’t even steer.
If we can have a limit on BAC that still allows some drivers to be safe, I think there also could be a law that allows a minimal amount of phone usage and still keep it safe. Yes, many people don’t even get near .08 and they are unsafe on the road. But so many can be above that and still be safe on the road. In the same way, many of us younger adults can text just fine barely looking at the screen. I don’t think we should be punished just because some drivers can multitask. I think the law should add a penalty if the driver was driving unsafe and it was because of texting. On the other hand, I strongly disagree with the idea that cops should just start ticketing everybody they see texting. It can be done safely.
While I think it is generally a good idea to make the roads safer, I think an outright ban is wrong and takes away my freedom to use my phone when I feel fit. I don’t think generalizing the entire public will work in cases like this. There have been car crashes before cell phones and there will continue to be crashes after this ban. For every study you can find saying that banning reduces crashes, I can find one saying it doesn’t.
If you people feel safer allowing the government telling you what you can and cannot do then more power to you, I like to choose for myself.
I like reading all these posts by people who think its ok for big brother to take your freedom all in the name of “safety”. You’re probably the same people who think the patriot act stops the boogeyman from getting us.
While we are at it, let’s ban eating, reading, GPS, computers, portable DVD players, putting on makeup, arguing with you spouse, ect. How about the sheriffs deputy that I saw run a stop sign the other day while looking at his patrol car computer mounted right next to him.
Regarding the people here giving example of almost getting hit…guess what? The people that almost hit you were already breaking the law before this law was passed. Inattentive driving and Illegal lane change laws are already on the books…why do we need to waste time making more? And why target this specifically? If you want to start banning stuff, why stop here?
-browsing songs on your ipod
-looking for a cd
-going through radio stations
-having kids in the back seat when you’re the only adult in the car
-billboards
-doing hair/makeup
-eating/drinking/messing with food
-smoking
And the list goes on and on. Ultimately, it is the driver’s responsibility to make sure they are operating their vehicle in a responsible manner. You can’t legislate people into being good drivers.
So good to see that some people realize that legislation doesn’t make people safer. They are just attacking ONE unsafe practice, because they can villianize one boogyman. It is because it is one that they can get proof of (they can take your phone as evidence). You can’t prove that someone was distracted by their ipod or a sandwich or a newspaper, but they can prove a text. You can’t legislate stupid, so they have to legislate other things.
why don’t they just ban cell phone use over all? how can’t you text but you can use the internet. i think using the internet would be worst then texting.
I’m going vigilante. If you want to be unsafe around me whilst being distracted, I’ll make you pay attention. Everybody I see driving distracted will get CUT OFF VIOLENTLY.
I think this whole argument has gotten a little bit out of hand. I agree with the points made about accidents happening before this ban came into effect, but to suggest that the government should just start banning whatever they feel like is a pointless argument. That’s not what is trying to get accomplished here.
Ultimately, if people are going to suggest that the government should just start banning everything or that they shouldn’t be allowed to ban stuff like this and take our freedom away….wouldn’t it be okay for me then to go around and drive into people because I’m free to do what I choose? If I want to text and not pay attention to the road and take out whoever I feel like hitting because my message is so important that it can’t wait until i get home shouldn’t I be allowed to do that?
I myself have attempted texting while driving among other things and it just doesn’t work out all that well. If sending a message about the type of bread i should pick up at the store is more important than my safety (or others’) I suppose i deserve getting into an accident for the sake of being “free” to choose.
I find it sad that you all including the government find it ok to be harder on people for texting on a phone then drunk drivers. And I love how you can read the messages that’s just as bad even so the new phones when you text you can talk to your phone and it will text for you. If Wisconsin wants this to be ban then maybe they should have radio stations stop saying text if you see a problem or be the 6th text message and you win this.
I don’t agree with completely banning phones in a car if I get in a accident I want my phone to call for help duh. Or if someone is following me or I see a drunk driver its a good thing to have a cell phone
I can shave while driving, gel my hair, change cd’s and radio stations, I can eat, I can reach into my backseat to grab and soda and open it while steering the car with my knees as i open my soda, but yet these are all things I feel are much greater distractions but are not illegal. This law is a quick fix to a growing problem, sure some accidents are cause by people on their phones I will not debate that. However, I am sure just as many are cause by a multitude of other things.
Are they going to ban steroes next? CD Players, or maybe driving young children around, because believe me kids fighting in the backseat is one hell of a driving hazard. This will not keep people safe, it just gives officers one more thing they can pull you over for, but hey schools and highways need money too right? 400 dollar is excessive, the first offense drunk driving fine is 800 so that seems rediculous.
Why can’t they just sign a law against inattentive driving. If they see you doing something stupid and driving like an idiot then pull you over, targeting cell phones will for one thing not stop anyone from doing it, and will not stop accidents from happening.
Ok I know people are killed by use of texting on cell phones we all know this. But did we realize people are killed daily by people driving with animals on their laps, kid yelling in the back seat, eating, being to tried having the sun in your eyes or maybe you just blinked for a minute. Our goverment finds a reason to ban the smallest things but fogets to ban wars, sending our boys and girls off to another country to be hated by all. Or maybe we should wonder where all the jobs went or why so many people are unemployed? Seem if its an on going problem what isn’t?
Here is the real deal of it. Any hands-free legislation is completely stupid. I do agree and support the practice of removing and or penalizing unsafe drivers. You CANNOT prove that someone was texting while driving. Sure, you can pull phone history and see a text being sent or received. Sure, you can pull history and see when a call was made or received. But just try and prove that the source of that text was my fingers. Try and prove that I dialed the number. I have an Iphone 3GS and my phone allows me to text without even touching a button as well as take calls completely hands free. The actual text messages or voice calls arent specifically coded as hands free or not, therefore there is no way to prove 100% unless this is video taped clearly which would cause us to have to drastically increase budgets to law enforcement that many areas ALREADY won’t do.
Word to the wise, you can’t pass laws to change people; the people you want to change already don’t care about common sense, so why would passing a law help.
Here is the resolution: Require all registered vehicles to have the cell signal blocking apparatus installed into all motorized registered vehicles. The devices only work when the car is running, and with only a limited range. If your car dies, it wouldn’t be on, so it wouldn’t block you from getting roadside assistance.
Don’t let stupid people remain stupid, stop the source of the problem.