New bill could make texting while driving illegal nationwide

By Tim Conneally | Published July 29, 2009, 3:13 PM

Texting while driving

A bill introduced in the U.S. Senate today seeks to make text messaging while driving illegal.

The bill is sponsored by Democratic Senators Charles E. Schumer (NY), Robert Menendez (NJ), Mary Landrieu (LA), and Kay Hagan (NC) and impels states to draft laws that ban texting while driving, or otherwise face a 25% cut in their annual highway budget. Such laws have already been passed in 14 states and the District of Columbia.

Schumer on Monday unveiled a similar piece of legislation that seeks to ban text messaging for public transit drivers. The bills cite research by The American Medical Association which say that texting while driving constitutes a public health risk and increases the amount of time the driver's eyes are off the road by 400%

Once the bill becomes a law, the transportation Secretary will have six months to issue legal guidelines, and states will have two years to approve their new laws.

The bill which was approved in Maryland's Senate by a margin of 43 to 4 made it a misdemanor to read, write or send a text message while operating a vehicle. While only a secondary offense (like driving without a seat belt in some states,) it is still punishable by a fine of up to $500. Police officers cannot pull a driver over for a secondary offense alone, but if a driver is speeding or driving erratically, he can be pulled over for that violation and then cited for texting.

Comments

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Congress does not have to make a law at all. the National Highway Safety Board justs issues a determination in the Federal Register for 90 days for auto manufacturers to install an device in cars to dampen the signal for text messaging while the engine is running. If they can dampen cell phones signals in buildings, they can do this. As for current cars already on the road, the Congress can only pass a law for vehicle on the Interstate Highway System. They do not have the authority to govern state or local roads.

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"They do not have the authority to govern state or local roads."

That's not what they are doing. They are compelling the *states* to make the laws.

They are not making a law, they are working on a bill that would "impel states to draft laws that ban texting while driving.."

Sure, their backing this with cuts if the laws are not made, but this happens all the time. All the states really have to do is make a law banning it. They do *not* have to enforce it, or even make it a "pull-over" offense...

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I agree. They pass plenty of these laws, but seldom enforce them. WA state already has a no texting while driving law and a really weak (non-primary offense) hands-free law. I have yet to see a difference. I still am frequently seeing or involved in near-misses with violators. I sure am glad that officers will go way out of the way to find and issue a citation for not wearing a seatbelt, but not for these types of things. Either they are trying to keep me safe for when I get side-swiped or t-boned by one of these idiots (that they fail to deter) or maybe not wearing a seatbelt is much more of a danger to others than texting/holding a cell to your head. Maybe law enforcement is waiting/working on a catchy slogan and ad campaign before they get serious about it and start ticketing regularly.

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Yet another case of, "They actually had to make a Law?!". So much for "common sense dictates...", so many self absorbed people out there today that oblivious to the fact that they're a danger to themselves and others (don't they put people in institutions for that?).

They may make laws, but it only works if they're enforced (and if people actually obey them). I see cops on cell phones all the time, I've seen them blow through lights with their cells to their ear...no lights or sirens, so it wasn't an emergency situation. So much for having to use a hands free set, nice way to set an example. i guess they must be above the law. I'd like to know how to ticket those hypocrites.

Makes you want to walk up, rap loudly on their window & when they roll it down, grab their cell & tell them they can have it back when they learn to obey the rules.

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Tell me about it. My shop is right across the street from our local police department. I see cops all the time finishing their s*** and leaving in their personal vehicles as I'm on my way home for the day. I have plenty of time at the traffic light nearby to see that quite a few of them are talking on their cell phones (hands-free law here) and not wearing seat belts ("click it or ticket" law as well).

Hypocrisy. Ain't it beautiful?

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More like 23 times more likely if texting while driving

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Why would someone waste money on something like this? Any one with common sense would know not to text and drive but people do and will do it any ways.

I think the study also said that your 8% more likely to get in to a accident just reaching for something. Does that mean that we should also make it a law that you can't reach for anything that you have to keep your hands on the wheel every second that your in the car? I wonder how many accidents are caused by sneezing?

This whole cell phone thing and telling people what they can and can't do is stupid. Don't matter how many laws they make people will still do it. I can drive down the road and see at lease 4 to 6 people talking on a cell phone with out a hands free.

There are always going to be stupid people if they are going to pass a law it should be a anti-stupidity law.

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You mean it's not already? WTF?

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I've got to agree that this shouldn't be the federal governments area of control. With that said, this law needs to be nationwide, simply for the fact that I see at least 8 people per day paying more attention to their phones then they are the road.

I'll be the first to admit that when I had a nokia phone I could text while s***ing just by touch, and I learned a valuable lesson about the time that I lost a rim and tire to a curb. Thank god it was only a curb.

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It's already illegal here in CA, that doesn't stop anyone, same with the headset law.

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"New bill could make texting while driving illegal nationwide"

Well, it's been "stupid" nationwide since it become possible to do so. Anyone who still does it shouldn't be ticketed or fined, they should be tattooed with a big red "dumba**" on their forehead so everyone else knows to avoid them at all costs...

Anyone who thinks they can drive while texting needs medical attention. Their brains are obviously not functioning.

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The issue for me here isn't whether or not texting while driving should be illegal, the issue is whether the federal government has the authority to enact such a law.

I'm with Brewskie on this one--this issue should be decided by the states, not the feds.

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Do you honestly think people can drive while texting and *not* present a danger to others on the road?

Normally I am 100% dead-set against overweening government BS. But I do not believe that is the case here. Averting your eyes from the road is dangerous...regardless of what is causing it, how many people do it, or if there are one or two folks out there who "think" they can do it without being dangerous...

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Apparently neither you nor Brewskie never lost a child, and I don't ever want you to, in an accident where someone was texting while driving. Both of you need to get off your Federal soap box and get with the program. While you 2 are citing the Constitution, which by the way is so out dated, people are losing their lives even as you read this because of some jerk off texting while driving. When you get off your soap box, go to each parents home that has lost a child to an accident involving texting and look them in the eye and tell them the govt needs not get involved. Go ahead, do it, just one time and then tell me what you would want done.

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I hate to quote myself, but:

The issue for me here isn't whether or not texting while driving should be illegal...

Tell your state reps. about those parents who have lost kids to those driving while texting. Your state *should* have laws about this.

My state, on the other hand, already has a law regarding not having both hands on your steering wheel for more than five seconds being against the law (unless there is an exemption on your license regarding driving with just one hand), thus cell phone laws are not needed.

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Oh I get it dude, big time, it's always someone elses problem.

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@ bourgeoisdude

As I understand this, they aren't federally banning it per se, the feds are rather forcing the issue on the state level.

Any actual laws enacted stipulating the specifics and punishments will still be *state* laws.

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Totally agree. Too many laws, far too many of them either at or "strongly encouraged" by the Federal Government. Constitutionally, they don't have the authority. Period. States may have such authority, depending on the state.

I'll go one further, though. Why have a law specifically banning texting while driving? Every state I know of has an ordinance for "inattentive driving", "reckless driving", driving while distracted" or a similar statute. By enacting such highly focused specific laws, they open up avenues of defense for people doing equally stupid things. "Your Honor, there is no law that specifically says I can't drive while playing my PSP".

The point is, all of the issues with talking on a phone, texting, eating while driving, etc. are already covered under a myriad of other statutes. Passing specific laws such as this are just feel good acts by politicians that will only serve to be counterproductive in the long run.

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That people would stop being such jerks while endangering other people's lives.
Not texting SHOULD be common sense.
I'm not saying that the government shouldn't get involved but that these accidents are the result of people. And that those people should take responsibility for their actions BEFORE it's too late.
And you know, you just know, you will get an accident by not paying attention to the road.

(There are also a lot of people that lost some body in a car accident where something else than texting was the cause.)

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it's about freakin' time! argue all you want about talking on the cell while driving but texting completely averts your eyes from the road. It's more dangerous than talking!

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So would this allow me to put my car in park at a red light and read a text or must I turn the car off and not have my feet, hands or keys near the pedals, steering wheel or keyslot? =P

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I totally agree with you. I can't tell you how many times I've almost been hit by someone texting or talking on a cell phone. And they just whiz right by like nothing happened while I'm sitting there trying to calm down my wife and kids because of what just happened.

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This is a prime example of the Federal Government overstepping its Constitutional boundaries found in the 10th Amendment and Article1, Section 8 of the Constitution.

If the 10th Amendment is dead, just because those in Government choose to ignore it, then ALL Amendments are equally dead.

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People who text message while they're driving need to have their driving privileges permanently revoked because anyone who text messages while they are driving is a lousy driver.

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Yea. But it's NOT the purview of the Federal Government to dictate laws within the States. Unless, of course, you think the Federal Government has unlimited authority to do anything they well please.

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Brew...

Texting while driving arguably presents a clear and present danger to other folks on the road.

This isn't them overstepping their bounds, this is them finally operating *within* them, as this is the *only* justification they have to the limitation of rights.

If an action presents a danger to others, or infringes on the rights of others, the government has every right to step in limit the legality of that action in order to preserve the rights or safety of others.

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How so, they are trying to make the States draft the laws. They have done this before and they will do it again. That little thing called cooperative federalism...

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