States Incentivized to Ban Texting While Driving

Christy Thompson
Attorney
(866) 735-1102 Ext 330
Posted by Christy ThompsonNovember 04, 2009 7:27 PM

Two new bills introduced in the US Senate, the ALERT Drivers Act of 2009, and the Distracted Driving Prevention Act of 2009, propose to incentivize individual states to illegalize texting while driving.

It wasn't long ago that talking on a cell phone while operating a motor vehicle was considered the most dangerous use of a handheld device. With all the new applications such as cell phone Internet browsing, texting (SMS), photo texting (MMS), and e-mail applications available on devices such as the RIM BlackBerry and the Mac iPhone, a quick chat on a morning commute starts to seem a far lesser evil.

Texting and e-mailing while driving take the driver's eye off the road. This coupled with the mental distraction caused by focusing on a handset and responding to a priority e-mail from the boss, for example, have proven to be lethal uses of handheld devices.

The ALERT Drivers Act of 2009 (S.1536, introduced by Sen. Charles Schumer [D-NY]) proposes to lower fatalities and other car accidents caused by texting by calling individual states to action. How? By cutting federal funding for highways by 25% in states that do not enact a law prohibiting "writing, sending, or reading text messages or e-mails while operating a motor vehicle" (111th Congress, First Session).

The Distracted Driving Prevention Act of 2009 (S.1938, introduced by Sen. John Rockefeller [D-WV]) proposes to make the use of handheld devices a primary offense (meaning the driver does not have to be violating any other moving violations laws). S.1938 also proposes a minimum fine with heightened fines after multiple offenses, both criminal and civil penalties to vehicle operators who cause accidents while enaging their handheld devices, and penalties to minor drivers who are using cell phones in any capacity.

Both bills are still in their infancy -- the ALERT Drivers Act of 2009 was introduced in July of 2009 and was referred on the same day to the Committee for Senate Environment and Public Works. The Distracted Driving Prevention Act of 2009 was introduced on October 27, 2009 and was referred to the Committee on Commerce, Science, and Transportation just two days later on October 29, 2009.

Most of us who follow bills like these know that sadly they usually die in committee. For those who wish to support these and other bills regarding cell phone and texting-while-driving bills, visit www.opencongress.com and click "Support this Bill."

Auto accidents, including fatalities on US roads and highways can be greatly diminished by bills such as these that incentivize individual states to ban texting and e-mailing while driving. This could very well be a turning point in traffic safety laws that dramatically lowers car accident injury and death.

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