The 2020 legislative season has more or less come to a halt, along with much of modern life in the United States, but not before a trio of states adopted new handheld cell phone laws.
Governors in Idaho, Indiana and Virginia signed off on hands-free laws that worked their way through legislatures as the coronavirus began its assault on the country. In South Dakota, the weak texting law is being replaced with a new law that bars many but not all uses of handheld electronic devices while driving.
All of these new electronic distracted driving laws come with primary (full) enforcement.
In Idaho, the new hands-free law takes effect July 1, but with warnings handed out to motorists until Jan. 1, 2021. Fines under the measure will be $75 for a first offense, then $150, then $300, with possible license suspensions.
“Remember lives are lost to this needless carnage on our roads and our highways,” sponsor Sen. Chuck Winder told lawmakers before the vote on his original bill. The resulting act was signed into law by the governor March 24.
In Indiana, the new distracted driving law takes effect July 1. The act was crafted by a conference committee and signed into law by Gov. Eric Holcomb on March 18. Fines up to $500. No demerit points will be assessed before July 1, 2021, however. The delay was explained as necessary for awareness to spread. The legislation had little trouble clearing the legislature: The final House vote was 81-11 and the Senate count was 49-1.
Holcomb had called for the hands-free law while announcing his agenda for the 2020 legislative session Dec. 10 and repeated the message in the State of the State address in mid-January. He said distracting driving was “unacceptable and avoidable.” House Bill 1070 came from state Rep. Holli Sullivan.
In Virginia, the hands-free measure HB 874 was approved by the General Assembly and governor, and goes into effect Jan. 1, 2021. Fines are $125 for the first offense and then $250. There is a mandatory fine of $250 for violations in work zones.
State Sen. Scott Surovell said the shift to a Democratic legislature helped the hands-free bill become law in 2020. Virginia lawmakers approved Delegate Jeffrey Bourne’s distracted driving bill in late February with clear majorities. The governor signed the measure March 10 and held another ceremonial signing in early July. Distraction was blamed for at least 120 fatalities in the state last year.
In South Dakota, state Rep. Doug Barthel’s electronic distracted driving measure received the last-minute approval from the governor March 27.
The new law bars many uses of electronic devices while driving, but allows for some phone-related activity and limited GPS use. It classifies offenses as a Class 2 misdemeanors, which come with fines as high as $500 and possible jail time. The law comes with primary enforcement, an upgrade from the current texting & driving law. The law goes into effect July 1.
A state couple who lost a son in a crash linked to distracted driving was credited with inspiring long-resistant South Dakota lawmakers to OK the measure.
Also, New England has gone hands-free with the launch of Massachusetts’ new cell phone law, now in effect. Gov. Charlie Baker signed the long-debated distracted driving bill into law in November and it began Feb. 23.
The warning period in Massachusetts ends Wednesday, April 1, with $100 fines for first offenders, $250 for second offenders and $500 for third offenders. Serial offenders are required to attend traffic school. And three-time violators will see their offenses reported to insurance companies, resulting in higher premiums.
Massachusetts was the last state in New England permitting its drivers to hold mobile phones.
Prospects for any remaining 2020 distracted driving legislation in states such as Florida seem faint, with lawmakers nationwide isolating away from state capitals.
