As you may already know, April is Distracted Driving Awareness Month, which is a good time for everybody to think about the importance of committing to not texting while driving. If you have already taken the pledge or even signed the Text Kills bus, then it is a great opportunity to congratulate yourself for being a part of the solution and rededicate yourself to being a safe, non-distracted driver.
We all know that the price for distracted driving can be high: far too often, we read about people (especially teenagers) who are killed as a result of texting while driving. This is the worst case scenario of distracted driving, and many feel that it could never happen to them. While it may not happen to the majority of people who text and drive, they are very likely to suffer other consequences as a result of engaging in this behavior. The most common negative outcome for most distracted drivers will be a ticket.
Perhaps you’ve noticed signs on the freeway that say things like “Phone in one hand, ticket in the other” or “Texting ticket $159+ It’s not worth it.” These are relatively new measures to aid in the effort to get drivers to curb their texting practices. In fact, it wasn’t all that long ago that texting and driving was perfectly legal. So what changed? We here at Text Kills found ourselves wondering about the history of texting while driving laws for our state (California), and decided to do a little research.
Before cellphones, there wasn’t any need for anti-texting legislation. Since the proliferation of cellphones is relatively new, laws regulating their use are also pretty recent developments. California’s hands-free cell phone bill, SB 33, prohibits drivers from talking on the phone while driving unless they use a hands-free device. This bill had a long road before reaching the Governor’s desk. State Senator Joe Simitian had been trying to pass the bill for six years, and was met with resistance from every major cell phone provider except Verizon (although in the end Sprint was the only one that protested the bill). Senator Simitian was very passionate about his work in the arena, and believed that strict laws regulating the use of cellphones while driving would save lives. Following the passage of SB 33, he succeeding in getting another bill (SB 1613) passed, which placed cell phone and texting limits on teen drivers.
Senator Simitian continued to push for a statewide ban on texting and driving, which eventually came in the form of SB 28, which took effect January 1, 2009. There have been a lot of bills and amendments proposed that would have increased fines for breaking these laws, although they have all been vetoed by Governor Jerry Brown. In 2012, the Commuter Freedom Bill made exemptions for voice-operated and hands-free text messaging, allowing drivers to legally engage in these practices.
There are at least two distracted driving measures before the 2013-2014 legislative session, and both seek to toughen existing laws. Assembly Bill 313 would remove from law the exemptions made by the Commuter Freedom Bill, as some critics have said that the exempt hands-free and voice-operated messaging can be just as distracting as other forms of texting. Text Kills agree with them, and believes that laws should prohibit any and all uses of phones while driving. Senate Bill 194 seeks to add all wireless communications devices to the existing cell phone ban for teen drivers, including hands-free ones. Text Kills supports this bill, and believes that it could potentially save lives.
These bills stem from a desire of California lawmakers to clear up gray areas in laws regarding cellphones and Smartphones. For example, the California distracted driving statute prohibits “driving while using a wireless telephone,” but does not define “using.” This has led to a lot of legal confusion, although an appeals court in Fresno recently ruled that using a GPS app while holding a smartphone is against the law in California. The ruling may also be applied to handheld use of Smartphones as music players.
The bottom line seems to be that any use of a smartphone while driving can make the driver distracted, which could lead to an accident or even death. Even though the laws seem to be ever changing, that has not slowed down law enforcement in issuing tickets. In fact, most local police departments and the California Highway Patrol are participating in a statewide crackdown for National Distracted Driving Awareness Month. Last April, the sweep resulted in 57,000 tickets, which CHP officials believe could potentially save lives.
This can all seem very confusing for most drivers. So here is a basic rundown of the laws as they currently exist in California:
Adult drivers (18 and older) can not use cellphones while driving unless they employ hands-free devices.
Text messaging is prohibited for all drivers. The law prohibits the use of electronic devices to “write, send, or read a text-based communication.” Hands-free and voice-controlled texting are allowed.
Drivers under 18 are prohibited from using wireless phones while driving (with or without hands-free accessories).
School bus operators and transit bus drivers are prohibited from using cell phones while driving.
And what happens if you break the law? For now, you’re looking at a fine of $159 for a first offense. But many legislators are trying to raise the fines (with some even wanting to double them), so California could soon get even tougher on its text offenders. The simple fact is that texting and driving just isn’t worth it.
