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January 17, 2010 in City
Tougher penalties eyed for driving cell phone users
OLYMPIA — Some Washington state lawmakers are looking to crack down even more on drivers who use a cell phone without a handsfree device.
Three years ago, the state approved a law that would slap drivers with an extra fine if they were caught holding a cell phone when pulled over for another infraction, such as speeding.
But under two companion bills being introduced this year, failing to use a handsfree device would be reason enough for a $124 ticket.
“It’s dangerous,” said Sen. Tracey Eide, D-Federal Way. “It’s time to make these people hang up and drive.”
The proposed bills, which will receive public hearings before Senate and House committees on Monday, would also outlaw 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.
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 early this month.
“Anyone with common sense knows it’s dangerous,” said Eide, who has been pushing for a handsfree requirement for almost a decade. “We don’t get in our vehicles to talk on the phone.”
The proposed bills do provide exemptions for drivers who are using a hearing aid, operating a tow truck or emergency vehicle and those who are reporting a crime or an emergency.
But the idea doesn’t have complete support. Rep. Dan Roach, R-Bonney Lake, said there are thousands of distractions drivers face on the road, and the government getting involved to outlaw one is not the right way to go about making the roads safer.
“I don’t agree in pinpointing this one thing and forming this panacea that everything will be all right if you focus on cell phones,” he said. “It’s a common sense thing. We don’t need legislation, we could do it through education.”
House Majority Leader Lynn Kessler, D-Hoquiam, said this year’s bills are still in their early stages and notes that the topic is controversial, with versions of the previous bill taking multiple attempts, and years, to pass.
The 2007 bill attempted to make the use of cell phones without headsets a primary offense, but was changed to secondary before passage.
The Washington State Patrol has ticketed 2,341 drivers since that law went into effect on July 1, 2008. Sgt. Freddy Williams said the laws need to be strengthened, and that this is a step the department endorses.
“We need to reduce distractions in any way we can,” he said. “Talking on a phone and texting are distractions that can prove injurious if not fatal.”
In 2006, the state passed a law making text messaging behind the wheel a primary offense. The Washington State Patrol has issued 354 tickets since that law went into effect on Jan. 1, 2008.
Rep. Reuven Carlyle, a Seattle Democrat who is sponsoring the House bill, said the public is awakening to the dangers of driving without a handsfree device.
“The impact of distracted driving, especially by cell phone use, is a big problem,” he said. “It really has turned into something with really strong momentum.”
Couple acquitted of caging 2 boys 
delach00 on January 17 at 4:24 p.m.
Though I hate the government continuing to make laws on top of laws, people driving and talking on cell phones is one the most unsafest things around. There were times I was on my cell phone and once I hung up could not honestly remember every turn that I had made. I no longer use my cell in my car and I feel I am a better driver because of it.
Shylock13 on January 17 at 6:02 p.m.
As with the seat belt law, law enforcement officers should be able to cite those persons talking on a cell phone without having to stop them for another offense. My experience has been that many drivers ignore the present law…probably because they would have to be stopped for something else. On the road, I have had to avoid vehicles in which the driver was on a cell phone more times than I care to count.
delach00 is right on target.
The seat belt law protects individuals, particularly children. And one result is that Washington has, I believe, the highest number—or close to it— of drivers and passengers using seat belts of any state. A tough cell phone law will protect the public from the abusers!
I urge folks to write their reps in Olympia!!
Snowman on January 17 at 6:46 p.m.
A few weeks ago, I observed a young woman using her cell phone and putting on makeup, both while her vehicle was in motion. I am becoming very irritated at people who have absolutely no regard for the safety of motorists or pedestrians who have the right to use public thoroughfares. Penalties should be much stiffer. Also, law enforcement agencies should be firmly supported in court by offenders receiving attention-getting fines with no reductions or suspension allowed by the judicial system. Word-of-mouth has always been an effective educational tool.
schleufer on January 17 at 7:05 p.m.
you can allways tell if they are tailgating they are probably on the phone like a few weeks ago on the freeway i looked in the mirror and here was some young woman so close i couldnt see her grill and not only was she yapping on the phone she got thirsty and picked up a bottle of water with the other hand.
if they are merging on the freeway its like if they have the phone in thier left hand and cant see the other cars. driving too slow and not paying attention they just cut in.
the other day i noticed both cars on either side didnt seem to be paying attention so sure enough they were both on the phone and i was in the middle, the way both drivers were holding the phones i wasnt sure either one knew i was there. i say put up freeway cameras and start mailing out tickets.
guest103 on January 17 at 8:35 p.m.
They need to have better driver education, I have a class A CDL. this is the worst place to find people who can’t drive. They need to look at the driver education program first.
gyrusx on January 17 at 9:21 p.m.
more laws = more violations = more $$
While I agree that cellphone use while driving is not safe, laws cannot instill common sense.
force_vector on January 17 at 11:06 p.m.
This law won’t do a thing to stop people from talking on their phones while driving. What it will do is add money to the state bank account, which is in the red. I say, fix our budget problems instead of getting all amped up on side shows like this. If you don’t like people on the phone while driving (I don’t either) let them know when you see the do it (I do). Depending on your approach, it’s way more effective than a fine.
WayFedUp2 on January 18 at 12:36 a.m.
90 percent of the offenders are cops, figure that one out.
Arn on January 18 at 2:08 a.m.
I had a friend pulled over by the State Patrol in Arden(just outside of Colville) and he was using his cell phone. The only thing the patrolman did was to give the man a ticket for not wearing a lap belt( it was a old truck). He didn’t ticket him for the using the cell phone. My question would be “why not”.
Diana on January 18 at 6:38 a.m.
90% of the offenders are cops? Really? What’s your source?
BitofBacon on January 18 at 8:10 a.m.
D Walker-I would like to refer you to the RCW:
1) Except as provided in subsection (2) of this section, a person operating a moving motor vehicle while holding a wireless communications device to his or her ear is guilty of a traffic infraction.
(2) Subsection (1) of this section does not apply to a person operating:
(a) An authorized emergency vehicle, or a tow truck responding to a disabled vehicle;
Police cars are “authorized emergency vehicles”
Jimplus2 on January 18 at 10:49 a.m.
As a school bus driver, I have witnessed on several occasions, drivers whom have come upon my bus when I have had my red lights flashing and stop paddle out, and have failed to stop. And nine times out of ten the offending motorists have been on their cell phones, holding them next to their ear, and being completely oblivious to the surroundings next to them. When I have sounded my horn at these drivers, they usually are startled and will then look and realize what they had done. We have to especially watch out for this when we are about to cross students from one side of the street to the other.
It is obvious that the secondary offense law has not worked, and needs to be changed to a primary offense. Maybe when motorists have to dig in their wallets more often to pay cell phone use fines, they will think twice before breaking the law. Much better this than to tragically run over a student, whether they had intended to or not.
Orange on January 18 at 3:32 p.m.
Thank you, Thank you, Thank you.
The best proposed law they’ve come up with. Even handsfree devices are dangerous. I was rear-ended on my motorcycle by someone who was talking on her cell phone. Fortunately witnessed by the State Patrol.
delach00 on January 19 at 10:51 a.m.
I would rather dollars come from fines from “breaking the law” then increasing our tax dollars. There is no question that talking on your cell phone while driving makes you a less safe driver thus endangering others directly. Take money out of your pocket and you will think twice about talking on your cell phone. Seriously, is that call that important that it can’t wait? I would guess that 99% of the calls are chatting with no “emergency” value. I have seen people weaving all over the road and thinking that they were DUI only to later see that they just had a cell phone to their ear. I can’t imagine not having a cell phone, however 10 years ago I couldn’t imagine having one.
Matune on January 25 at 9:50 p.m.
I have had several instances where I have been nearly crushed while on my motocycle by a driver talking or texting on a cell phone. I would support this being a primary offense and suggest a much higher fine. A 500 dollar fine may slow some of this distracted driving down a bit and save me what few black hairs I have left!
bobk on January 28 at 10:00 a.m.
I agree that this is infringing on peoples civil rights but I don’t think education is best. People hate to abide by rules and regulations. The only way to get offenders attention is to hit them in their pockets. There are numerous devices you can use without having the phone to your ear. I also hate drivers who think they can put on make-up,read [anything],drink[anything],eat a hamburger, or fix their hair. Driving should be the only thing your concentrating on.