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February 5, 2010 in City
Wash. Senate toughens state cell phone driving law
OLYMPIA — The Washington state Senate has taken action against distracted drivers, passing a measure Friday that makes it easier for police to ticket people who are driving while either texting or talking on a cell phone without a headset.
On a 33-15 vote Friday, the Senate passed a bill that makes it a primary offense to be caught holding a cell phone to your ear while driving, or to be reading, writing or sending text messages. That strengthens the state’s current secondary offense law, which only slaps drivers with an extra fine if they are pulled over for another infraction, such as speeding.
“It’s becoming an epidemic, people are not paying attention, and it’s extremely serious,” said Sen. Tracey Eide, D-Federal Way, and sponsor of the bill.
Under the bill, police could immediately pull over someone for texting or talking without a headset and give them a $124 ticket.
A ticket will not become part of a driver’s record and dialing a phone is not considered text messaging. The measure exempts transit and emergency vehicle personnel, as well as anyone who is text messaging or calling and not using a headset to report illegal activity or summon emergency help. People who are using a hearing aid or operating a tow truck are also exempt.
Some expressed concern about this becoming a priority for police.
“I just have to ask whether the most important thing for law enforcement to do right now is to be out looking to see if people are using their cell phones incorrectly,” said Cheryl Pflug, R-Maple Valley, who voted against the bill.
The bill passed Friday also outlaws any cell phone use by a driver with a learner’s permit or an intermediate license, which is given to drivers under 18 years old.
The measure now heads to the House for further consideration.
Washington is one of six states and the District of Columbia that have passed laws regulating cell phone use by drivers, but is the only one that that considers the use of a phone without a handsfree device a secondary offense, according to the National Conference of State Legislatures.
California, Connecticut, New Jersey, New York, and Oregon all make it a primary offense. Parts of Hawaii have passed bans as well. Oregon’s ban on driving while using hand-held phones went into effect last month.
Oregon State Police say they issued 41 tickets and 250 warnings last month to drivers who improperly used cell phones. The penalty is $142, but there are exceptions for professional drivers and those who use their vehicles as a mobile office.
The cell phone bill is Senate Bill 6345.
Jim Kershner’s This day in history » On the Web: spokesman.com/topics/local-history 
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citizen on February 05 at 4:33 p.m.
I see people leaving a drivein with a drink and a hamburger in hand, they are more dangerous than a person on a cell phone I would think. Also On francis ave in the morning I often see women, young and old, doing their makeup while moving in some realy hectic traffic. With all the whimps in government today we are especially in Washington becoming a nanny state.
It is not fair to punish everyone attempting to catch the habitual carless offender. It is like the grade teacher that kept everyone after school because one or two students offended. I have used my cell while driving but I made sure the situation would not endanger anyone.
If someone is being hazardous and is seen then he/she should be ticketed. Citizen
citizen56 on February 05 at 4:44 p.m.
Has anybody seen any data to support this. Has there been a measureable decrease in accidents since the original law was put into effect, and have the other states with this law seen any change in the number of accidents. This sounds more like a revenue producer than an attempt to promote any kind of driving safety.
NyTiVe on February 05 at 4:47 p.m.
Our law makers passed the first law not too long ago which made this a secondary offense with protest, but there were many that knew it was just a stepping stone to a primary offense.
Just think how lawmakers use this same tactic in other areas of our lives.
bobk on February 05 at 6:19 p.m.
Finally,the state Senate has done something right.
scarecrow on February 05 at 7:18 p.m.
The law may have its sights set on the right target, public safety, but with reckless behind-the-wheel habits such as paying more attention to your phone than the road comes accidents, not talking on a cell phone. Besides, if this is now a primary offense, how many of those police officers we see talking on their cell phones while driving are going to issue themselves a ticket?
This will be used to generate revenue and meet ticket quotas. You can be a distracted driver changing the radio station, will hands-free devices to switch from AM to FM become law next?
Milan70 on February 05 at 10:07 p.m.
It should be an primary offense to use an cell phone while driving. My
wife uses an cell phone but not while driving.I don’t use a cell phone
because I don’t own one.
Barcroft on February 05 at 10:50 p.m.
Traffic laws are revenue laws, nothing more.
A new study suggests that laws banning talking on or sending text messages with cell phones while driving may not significantly decrease the risk of traffic accidents. Instead, experts suggest dealing with the problem of distracted drivers in general.
The Highway Loss Data Institute, a nonprofit organization funded by the auto insurance industry, compared monthly collision claims in four states that have banned handheld cell phone use before and after the bans took effect.
Research for the study, published Friday, was collected in New York, Washington, D.C., Connecticut, and California. Data was also collected and evaluated from nearby states that do not have such bans, for the sake of comparison. The Highway Loss Data Institute’s research indicates that car collision rates didn’t change after bans went into effect—and they didn’t change for nearby states without such bans, either.
That said, the laws banning handheld phone usage have been effective in getting people to use hands-free devices for driving, the study suggests. But there is no indication that hands-free devices have reduced the number of car accidents that occur.
http://news.cnet.com/8301-30686_3-10444717-266.html
builder_or_pyramids on February 06 at 11:12 a.m.
I truly believe this is going to be challenged if passed. It violates the equal protection clause.
“The measure exempts transit and emergency vehicle personnel, as well as anyone who is text messaging or calling and not using a headset to report illegal activity or summon emergency help. People who are using a hearing aid or operating a tow truck are also exempt.”
A public transportation driver is more likely to hurt a larger number of passengers, because they have more passengers in the vehicle. Emergency personnel should have a partner or voice activated radios, so why would they be exempt?
Illegal activity and calling for help is a no brainer! Who with common sense would attempt to prosecute someone for doing the right thing? And if they are calling and an emergency responder is there, then take care of the emergency and not the person on the cell phone calling to aide you further.
Finally, use of a hearing aide? My word let the person with dentures talk on the cell phone at their face so the person listening can understand the words while the teeth slosh around in the mouth. Or let the one armed person drive with their knees. Tow truck drivers should have a hands free device for their own safety and other drivers sharing the road.
What ever happened to simple basic common sense? Why would someone introduce a discriminatory law? Why would anyone make those classes of people exempt?