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Washington Bans Talking and Texting While Driving l Seattle Lawyer
Davis Law Group
New cellphone driver-distraction laws went into effect Jan. 1 in Oregon and Washington state.
According to the National Conference of State Legislatures, Oregon will now prohibit teenagers from talking on cellphones while driving. A new Washington law goes even further, prohibiting all drivers from text messaging while behind the wheel. Washington's ban on handsets, but not hands-free devices, kicks in July 1.
On July 1, two new California driver distraction statutes championed by Sen. Joe Simitian (D) are set to kick in. One will outlaw driver operation of wireless handsets, though talking on hands-free devices will be permitted. The other law will make it illegal for teen drivers to use mobile phones (even with a hands-free accessory) or any mobile electronic device -- such as personal digital assistants and laptop computers -- while on the road. Violation of either law carries a $20 fine for the first offense and $50 for each additional offense. Both laws make exceptions for 911 emergency calls.
Other states are expected to pursue distraction laws in 2008, with a particular focus on inexperienced drivers.
When he signed into law the teen cellphone driver bill last year, California Gov. Arnold Schwarzenegger’s office cited a California Highway Patrol finding that mobile-phone use is a leading cause of distracted-driver accidents in the state. Schwarzenegger’s office also cited a Ford Motor Co. study that concluded teenage drivers are four times more distracted than adult drivers.
Car crashes are the leading cause of death among 16 to 20 year olds, accounting for 44% of teen fatalities annually in the United States, according to California statistics.
Fifteen states and the District of Columbia have laws prohibiting the use of mobile communication devices by teen drivers. New York, New Jersey, Connecticut, California, the District of Columbia and various cities have driver hand-held bans in place, though studies strongly suggest hands-free devices do not improve driver concentration.
Meantime, New York and Connecticut have had difficulty enforcing hand-held cellphone bans. Chicago, for its part, faces a lawsuit that alleges the city failed to erect signs notifying drivers of restrictions against the use handheld phones. The class-action suit is seeking a refund of about $2 million in fines levied on city drivers.
The National Transportation Safety Board, after investigating a deadly crash involving driver cellphone use in 2002, urged states to enact legislation to make it illegal for teen drivers to use cellphones and other mobile communications gear while driving.
The NCSL said there has been driver distraction legislation -- most involving cellphones -- in all 50 states during the past five years. In 2006 alone, the NCSL said 43 states entertained distracted-driver legislation. Many measures sought to prohibit driver use of hand-held phones, with other bills designed to keep cellphones out of the hands of teens and school bus drivers.
Source: RCR Wireless News, January 3, 2008.
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