DOT crafts sample bill for states; languagesupports efforts to ban texting while driving

For months now, I have championed efforts nationwide to reduce distracted driving. Today, we are releasing sample legislation to be used as a starting point for those state legislatures still looking to ban texting while driving.

Look, texting while driving, like talking on cell phones while driving, is a deadly epidemic. It's that simple, and the language we're providing today is another powerful tool to combat this serious threat.

As new NHTSA Administrator David Strickland put it, "Our top priority is safety, and we are determined to help the states eradicate this dangerous practice."

One reason this new language should prove effective is that we worked with a variety of safety organizations to get it right. We also have the support of both the wireless and automobile industries.

This partnership should make it easier for the 31 states that have not already banned texting behind the wheel to get their acts together and get on board.

We're not talking about something abstract here; we're talking about people. In 2008, nearly 6,000 people died in crashes involving a distracted or inattentive driver, and more than half a million were injured.

So we're talking about a basic governmental function of states: protecting their citizens' lives.

Am I on a rampage? Yes, I am, and why shouldn't I be? When you've met the loved ones of victims killed by a texting driver, or heard them tell their tragic stories, you'll know what I'm talking about. Mothers who've buried their sons or daughters. Fathers devastated by loss. Brothers and sisters still reeling. Wives and husbands left to explain to their kids why mommy or daddy isn't coming home.

Now, we're doing what we can at the Federal level to stop this thoughtless behavior:

• September: we held the first Distracted Driving Summit.
• October: President Obama issued an Executive Order banning texting while driving for federal employees, and I testified before Congress.
• November: I urged employers across the country to ban texting behind the wheel for their employees.
• December: NHTSA launched www.distraction.gov, a distracted driving clearinghouse.
• January: our Federal Motor Carrier Safety Administration banned texting while driving for commercial truck and bus drivers.

But this will not be enough to prevent more senseless deaths unless more states ban this practice and--importantly--authorize their law enforcement agencies to stop vehicles and issue citations to drivers who are texting while driving.

The language we're providing the states today should help them do just that without delay.

It's important to remember that our sample language reflects current circumstances and our current state of knowledge. So, it may need to be revised in the future to incorporate new research findings, address evolving technologies, or harmonize with other legislation.

If that's the case, DOT will be there--once again--to help.

Comments

[Shelli Ralls]

www.chance-wilcox.last-memories.com

[Michael E. Bailey]

That sample law is great. It is a major step in the right direction. There are some drivers who will talk on the phone or text while driving and the only way to reach themis by an officer pulling them over and giving them a ticket. The fine does not have to be big. In California, the fine for talking or texting on a cell phone while driving is $25.00. But that is enough that most people get the message and don't do it. Car insurance companies look at how many tickets a driver gets to determine insurance rates so there is a powerful incentive not to get tickets for using cellphones while driving. Best wishes, Michael E. Bailey.

[Alex Fernan]

I agree Sir ! Texting while driving is deadly. Last week in front of a
Miami Gay Club there was an accident caused by a girl texting in her cellphone, there was no fatal victims, but it could.

The dept should ban texting while driving in all states !!!

Good job !!

[HFI guy]

As someone who reads almost every piece of distracted driving legislation introduced in the U.S., I can testify as to the wildly varying quality levels of these measures.

In several states, legislators have to submit new legislation to close loopholes caused by poor definitions of wireless technology and its uses. In many cases, the public would be hard pressed to even understand what is being proposed.

A great deal of time is wasted debating the basics. The DOT's sample legislation is a welcome step.

[Sandy W]

Laws need to be passed not only for texting while driving but also for talking on the cell phone while driving. Six years ago my son and his wife were the victims in a severe car crash that almost took their lives. The crash was due to a teenager talking on the cell phone while driving. My son still suffers every day with migraine headaches to say the least. As for his wife, she spent seven weeks in the hospital, underwent six surgeries and about a year and a half of hard, painful surgeries learning how to walk, talk, use her brain again and use her right arm again. She is now disabled. So yes, we are in favor of laws to ban cell phone use while driving. My family and I are forming an organization to raise awareness of the dangers of reckless and distracted driving.

[Chuck B]

Banning texting while driving is a must in order to prevent injury and loss of life. Studies have proven that texting while driving is far worse than drunk driving. When you text you loose three things essential for safe driving: 1) Your Hands 2) Your Eyes and, 3) Your Concentration.

Bottomline: The person texting is not driving anymore but, is an accident waiting to happen.

[Die cut]

It is a great step in the right direction and this law shows is great. There are some drivers who were talking on the phone or text while driving and the only way to reach them is by an officer pulling over and give them a ticket.

[Sean.]

No, it's not a great idea. Laws are already in place to punish drivers who don't control their vehicle appropriately. These are the laws that should be used to prosecute those drivers who cause accidents while texting or talking on a cell phone. We don't need a law for every single thing that a person might do wrong while operating a moving vehicle, and this law adds just one more to an already sufficient system.

Further, we don't even prosecute drivers operating under the influence of alcohol and drugs as severely as we should -- anyone caught driving under the influence of alcohol or drugs should immediately lose their license for a year. Cause an injury accident, and the penalty should be worse. Cause a death, get charged with manslaughter and lose your license forever.

If we can't even agree about that, then a law against using phones while driving? At best a slap on the wrist. Probably no worse than a traffic ticket, if that bad.

Let's ban radios. They too distract drivers. An MP3 player? Horrible distraction when you search for that album. Smoking? Gotta light up, that's a problem. That food you just bought? Eating it while driving is a distraction, better ban that as well. And that Coke you just bought? Can't drink it, it's another distraction.

While we're at it, we already know how many lives are saved by a 55 mile per hour speed limit. Whole country should go back to that.

Driving near sunset? Can't drive west, sun might get in your eyes. Sunrise? Of course you can't drive east during that time period.

What's going to happen if laws are put in place barring people from texting while driving? They'll try to keep the phone out of sight, which will make the texting all the more dangerous.

Let's not add more laws when they aren't needed.

[John]

The bans on texting while driving are well intentioned however they may promote a more dangerous behavior. Typically when we see someone texting and driving they are holding their phone near the top of their steering wheel. After the ban goes into effect, imagine the same offenders driving down the highway holding their phone down by their waist to obscure their activity from law enforcement. They are taking their eyes completely off the road for 4 to 6 seconds or longer at a time. Not even a chance for peripheral vision to detect a problem ahead. It’s going to take a combination of laws, education strategies and technologies to address the problem.