By Mark Huffman
ConsumerAffairs.com
June 10, 2010
The Senate Commerce Committee has approved a bipartisan bill that would reward states for banning drivers from talking on cell phones or sending and receiving text messages.
The bill now goes to the full Senate. If approved, it would set up a $94 million program to make grants to states that take tough action against distracted drivers.
"States are the best places to have this type of legislation passed, and I think our bill does respect state rights," said Sen. Kay Bailey Hutchison (R-TX), a co-sponsor of the bill.
Robert Darbelnet, President & CEO of AAA, praised the bill, saying it reflects the auto club's position on distracted driving.
"However, there is one distinction that AAA would like to see articulated as the bill moves forward," Darbelnet said. "As currently written, the legislation also creates an incentive grant program for enactment of handheld cell phone bans. Research indicates that all cell phone use -- whether handheld or hands-free -- is unsafe when driving."
A number of states have already taken action to ban the use of cell phones behind the wheel. The newest law, in Washington State, takes effect today.
The new law makes it a primary offense to hold a mobile phone to your ear while driving. This means a police officer can pull drivers over for just seeing them talking on their phone. Previously, an officer could only pull over drivers talking on a phone if they were committing another offense such as speeding or running a red light.
Banned in eight states
A jurisdiction-wide ban on driving while talking on a hand-held cell phone is in place in eight states; California, Connecticut, Maryland, New Jersey, New York, Oregon, Utah, and Washington, along with the District of Columbia.
Utah has named the offense careless driving. Under the Utah law, no one commits an offense when speaking on a cell phone unless they are also committing some other moving violation other than speeding.
Local jurisdictions may or may not need specific state statutory authority to ban cell phones. Localities that have enacted restrictions on cell phone use include Oahu, Hi.; Chicago, Ill.; Brookline, Mass.; Detroit, Mich; Santa Fe, N.M.; Brooklyn, North Olmstead, and Walton Hills, Ohio; Conshohocken, Lebanon, and West Conshohocken, Pa.; Waupaca County, Wis.; and Cheyenne, Wyo.
The use of all cell phones while driving a school bus is prohibited in 19 states and the District of Columbia.
The use of all cell phones by novice drivers is restricted in 28 states and the District of Columbia.
Text messaging is banned for all drivers in 28 states and the District of Columbia. In addition, novice drivers are banned from texting in nine states; Alabama, Delaware, Indiana, Maine, Mississippi, Missouri, Oklahoma, Texas, and West Virginia. School bus drivers are banned from text messaging in two states; Oklahoma and Texas .
