January 06, 2010
/24-7PressRelease/ --
Pending Federal Legislation Seeks to Address Texting and Driving
Article provided by Casper, Meadows, Schwartz & Cook
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According to Transportation Secretary Ray LaHood, nearly 6,000 people died in 2008 in automobile accidents involving a distracted driver. For some, cell phone use has become almost as essential as breathing. People use these devices while standing in line, eating dinner at restaurants, watching movies in the theater and shopping at the mall. Unfortunately, far too many also use these devices to send to text messages while driving. In turn, severe automobile accidents caused by distracted driving have also increased.
Something must be done to reduce the number of accidents caused by texting and driving. However, with the large number of drivers who text for personal and business communication, a nationwide answer to the problem has proven elusive. Now, in an attempt to lower the number of automobile accidents caused by distracted drivers, a group of senators has sponsored two bills that would offer incentives to states that enact laws punishing distracted drivers.
The Distracted Driving Prevention Act of 2009
One of the bills, the Distracted Driving Prevention Act of 2009, offers additional funding for states that create laws banning texting while driving. Key provisions include:
-Grants will go to states that enact laws that ban texting while driving, using a cell phone without a hands-free device and drivers under 18 from using any cell phone while driving.
-For a state to receive the grant the law must make these violations primary offenses (meaning that law enforcement officers must be authorized to stop drivers solely for texting while driving or using a cell phone in violation of the law).
-The law must include a minimum fine for the first offense and increasing penalties for repeat offenders.
-Drivers who cause accidents because they are violating the new law will face increased civil and criminal penalties.
-Driving examinations must include a section covering the use of cell phones and other devices while driving.
-States may create exceptions to the law; however, the exceptions will be narrowly defined and must adhere to the provisions of the act.
States must use half of the grant money in one of three ways: education for the public about texting while driving, traffic signs notifying public of the new laws or enforcement of the new law. States may use the other half of the grant money for general road safety projects.
To notify and inform the public of the new laws regarding cell phones use while driving, the National Highway Traffic Safety Administration (NHTSA) will create two advertising campaigns. These nationwide campaigns will educate drivers about the dangers and consequences of violating the new law. Targeted state and local campaigns may also be used that are target-specific to areas that have enacted distracted driving laws.
Should the Distracted Driving Prevention Act be enacted, the Secretary of Transportation will have one year to prescribe regulations regarding the use of cell phones and other electronic devices for commercial drivers. Wireless and electronic devices may be prohibited; however, the secretary may permit the use of these devices in certain circumstances to protect the driver or the public safety.
Avoiding Life-Endangering and Reckless Texting by Drivers Act of 2009
An alternative bill, the proposed Avoiding Life-Endangering and Reckless Texting by Drivers Act of 2009 (The ALERT Drivers Act) aims to persuade states to adopt legislation by imposing penalties for noncompliant states. Should this bill become law, the Secretary of Transportation would be required to withhold 25 percent of a state's allotment of federal highway funding from any state that had not enacted laws regarding texting and driving.
To receive the full levels of highway funding, states would have to enact laws that:
-Prohibit drivers from writing, sending or reading a text using a hand-held mobile telephone.
-Provide certain minimum penalties for violation of this law.
-Include certain emergencies that would allow for the use of texting by a driver.
Ultimately, it is unclear what will happen with this proposed legislation. Both bills have been referred to committee and many bills never make it beyond this stage. Regardless of what happens with these particular pieces of legislation though, it is clear that the problems of texting and driving have attracted significant attention on a national level, and some changes are likely coming.
Article provided by Casper, Meadows, Schwartz & Cook
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www.cmslaw.com---
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