What do Oprah, the US Secretary of Transportation, the Auto Club, insurance companies and, state and federal legislators have in common?

The US Transportation Department recently presented a proposal to ban text messaging at the wheel by interstate truck and bus drivers.  This regulatory action follows up on Department of Transportation call to mitigate distracted drivers that cause crashes.

The proposal would replace the temporary ban put in place earlier in the year by Transportation Secretary Ray LaHood.  The planned ban applies to drivers of passenger buses and commercial trucks operating vehicles with a gross vehicle weight over ten thousand pounds.  As an indication of the scope of the issue, the drivers could face civil penalities and/or even criminal penalties.

The United States Transportation Department reports that 5,870 people were killed and about 515,000 were injured in 2008 in crashes connected to driver distraction.  They didn’t speculate how many of those deaths and injuries were linked to an electronic device.  The National Highway Traffic Safety Administration mirror the Transportation Department statistics with projection that around eighty percent of crashes are caused by distracted drivers.  The AAA Foundation for Traffic Safety is funding research to find out the extent of the distraction issue.  The Governors Highway Safety Association (GHSA)   states that driver inattention is a determining factor in many crashes, and cell phone calls and texting are leading causes of driver distractions.

States aren’t waiting for data and are issuing new regulations dealing with cell phone use  and texting .  The GHSA reports that currently 20 states and Washington DC outlaw all drivers from sending text messages while driving.  Another nine states prohibiting texting by new drivers.  The remaining states are expected to implement the ban before too long.  However it is also believed that the laws are not enough to stop the problem and technical solutions are neede.  The GHSA purports to say it supports texting bans for all drivers, but does have concerns about enforcement.

A leading company with a monitoring solution is Phone Beagle.  PhoneBeagle installs on Android and BlackBerry cell phones and monitors GPS location, and text messages along with other phone log activity.

The trucking and passenger bus trade associations support the texting ban, and many corporations have firm policies prohibiting texting while behind the wheel.  The government, industry and safety organizations have found common ground that driver distraction  caused bytexting is a menace to society, and deserves action.  Advocates for addressing the problem also include media powerhouse Oprah Winfrey.  

Undoubtedly there are many distractions interfering with a driver focusing on driving:  changing the radio or a inserting tape or CD, talking to passengers, rubber necking, and of course, using cellphones and sending text messages.  Navigational and other interactive devices also distract drivers.

As legislation and technology work to to address the problems a software package from  Phone Beagle is available to help deal with monitoring phone use.  Their software is installed on Android and BlackBerry cell phones and monitors GPS location, and text messages along with other call log activity.

On December 1st, 2009 Colorado State Govenor Ritter signed into law a bill outlawing text messaging while driving. The new law will make texting and driving a Class A driving infraction.

The Denver Post Article is linked below:

http://www.denverpost.com/ci_12498806 The new law, which will be Colorado State Statute 42-4-239, prohibits use of cellphones for drivers under 18 years of age, and texting for any drivers. The texting language is below: A person eighteen years of age or older shall not use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission while operating a motor vehicle.

The law also states that no one under the age of eighteen is allowed to use a cell phone while driving: An operator of a motor vehicle shall no be cited for a violation of subsection (3) of this section unless the operator was eighteen years of age of older and a law enforcement officer saw the operator use a wireless telephone for the purpose of purpose of engaging in text messaging or other similar forms of manual data entry or transmission. (7) The provisions of this section shall not be construed to authorize the seizure and forfeiture of a wireless telephone, unless otherwise provided by law. (8) This section does not restrict operation of an amateur radio station by a person who holds a valid amateur radio operation license issued by the Federal Communications Commission.

The text of the entire statute: http://www.leg.state.co.us/clics/clics2009a/csl.nsf/fsbillcont3/349F9CCA2B83CD5087257537001A2BB0?open&file=1094_enr.pdf

The fines and surcharges for violating this statute are:

$ 50.00 Fine and a $6.00 Surcharge for a First Offense $100.00 Fine and a $6.00 Surcharge for a Second Offense

Josh McDowell is a Colorado Springs Attorney practicing in DUI, domestic violenceand personal injury matters. As a Colorado Springs Personal Injury lawyer his law firm handles auto accidents, slip and falls, and other injury matters.

On December 1st, 2009 Governor Ritter signed into law a bill criminalizing text messaging while driving. The new law will make texting and driving a Class A driving infraction. The new law recognizes the inherent danger in texting while driving, however, the law doesn’t go far enough for many proponents of stricter legislation regarding the use of cell phones in vehicles. When the bill was originally introduced it carried language prohibiting the use of cell phones in vehicles unless a hands free device was used. After meeting opposition from both sides of the aisle over the cell phone usage restrictions, the law will only prohibit drivers under the age of eighteen from using cell phones while driving. As texting is a relatively new phenomenon, there is not significant data on point to show just how dangerous cell phone use (including texting) truly is. As more data emerges on cell phone use and its correlation to car accidents, expect more legislation to arise across the country.

Please see the article from the Denver Post:

http://www.denverpost.com/ci_12498806 The law, which will be Colorado State Statute 42-4-239, prohibits use of cellphones for drivers under 18 years of age, and texting for any drivers. The pertinent texting language is below:

“A person eighteen years of age or older shall not use a wireless telephone for the purpose of engaging in text messaging or ther similar forms of manual data entry or transmission while operating a motor vehicle.”

The statute can be found in its entirety below: http://www.leg.state.co.us/clics/clics2009a/csl.nsf/fsbillcont3/349F9CCA2B83CD5087257537001A2BB0?open&file=1094_enr.pdf

The fines for violating this statute are:

First Offense: $ 50.00 Fine Plus a $6.00 Surcharge

$100.00 Fine Plus a $6.00 Surcharge for a Second Offense

Joshua McDowell is a Colorado Springs Attorney practicing in Criminal defense, traffic and drunk driving cases. His practice also includes Colorado Springs Personal Injury cases and medical malpractice.

D DD asked:


Please elaborate in your answer.

I believe using a cell phone while driving is more dangerous but if you agree with that, how do you explain why speeding is attributed to many more deaths than cell phone usage especially when considering that using cell phones is legal in most places while speeding, by definition, isn’t?

Paula

tammy5992001 asked:


Why do people choose to send messages while driving? Better yet why do people use cell phones period? This causes lives of innocence people everyday. This is getting worse than drunk drivers. Sometimes you’re driving near someone and you wonder why they are driving all over the road or why they don’t use signal lights to turn just to pass them and see they are on their stupid cellphones. When will this ever end?

Thomas

kelbennett11 asked:


Starting in July of this year, the state of Washington will issue infractions for driving while using a cell phone. Talking on the phone alone can’t get you pulled over, but it is an additional charge that the officer may add on to primary reason you were pulled over. What are your thoughts on this? Should all states do this?

Rebecca

Friendly Stranger.. asked:


I have seen this one too many times. I understand if someone is calling you while driving, and even then you should tell that person to call back when its easier to concentrate. Do you think its a trend? Is it about being trendy? Don’t people know the hazards of talking on the cellphone while driving?

Wesley

I wonder? asked:


I totally do. I’ve seen numerous “close calls” with people talking on their cell phones. Whether they think think it or not they cannot fully concentrate on their driving when they are using a cell phone. I mean, they’re putting peoples living in danger. Is it really that important that it can’t wait until they’ve stopped? After all there was a time when people didn’t have cell phones believe it or not.

Lonnie