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In The News: Mass. Looks To Ban Talking, Texting While Driving

Massachusetts may soon join other states that limit the use of cell phones while driving. A public hearing is scheduled at the State House Thursday morning to review 15 separate bills that would impose varying levels of restrictions.

This issue is now front and center because of last month's crash of two Green Line trolleys. Nearly fifty people were injured when a driver missed a red light and slammed into another trolley stopped at Government Station. The trolley operator said he was texting his girlfriend at the time of the crash.

The T swiftly put rules in place forbidding their drivers from even carrying cell phones while at the controls of a trolley, train or bus.

Supporters of a cell phone ban for auto drivers point to current research: a Harris poll this month fond that one quarter of drivers with cell phones send or receive text messages behind the wheel. A Harvard University study from 2003 showed that cell phone use while driving contributed to 2,600 deaths a year.

"We can't legislate commonsense," said Representative Peter Koutoujian (D-Waltham) who sponsored one of the bills, "but at a certain point government has to step in to stop an action that is so dangerous and yet so common."

The 15 bills in the legislature right now ban cell use to varying degrees. Some just ban texting while driving, others allow for phone calls but only with the use of a headset. Koutoujian's bill bans both texting and talking without a headset.

In The News:: Cell-phone restrictions could be coming to South Dakota

As other states begin passing cell-phone laws, South Dakota lawmakers say they won’t be surprised if legislation to ban or limit the use of cellular phones while driving arises again in the next state legislative session.

“I do feel that there will be somebody that will bring it up again,” said state Sen. Mike Vehle, R-Mitchell. “I think that’s a distinct possibility.”

Monday, Colorado Gov. Bill Ritter signed into law a bill that will make it a crime to send text messages while driving. In addition, anyone younger than 18 is prohibited from using a cellular phone while driving.

In South Dakota, state Sen. Cooper Garnos, RPresho, said he also expects to see some sort of legislation regarding cellular use while driving to appear in next year’s session. Garnos is a former chairman of the Senate Transportation Committee, while Vehle is the current chairman.

“It’s not going to go away,” Garnos said.

Both Vehle and Garnos said they have seen various incarnations of bills similar to that signed in Colorado this week.

In 2004, legislators rejected a bill that would have made it illegal for drivers with minor’s permits to operate a motor vehicle while using a cellular telephone or other wireless telecommunications devices except to report an emergency. The bill was killed in the Senate Transportation Committee when it was deferred to the 36th legislative day.

Garnos said cell-phone usage can sometimes be a factor in accidents, but he also feels the argument is one of safety and individual

rights.

“To me, it’s common sense (that) if you’re going down the road 75 miles per hour, you probably shouldn’t be texting somebody or … be on the cell phone,” Garnos said. “How far do you go and how far do you legislate common sense?”

Vehle said potential legislation should take into account the differences between rural and urban settings in the state.

“(W)e have long stretches of road on the interstates where it’s uneventful driving, generally, and that’s different than if you’re in six lanes of traffic downtown Sioux Falls and you’re trying to text,” Vehle said. “There’s just a whole lot of difference there and so I think all those things you have to take into consideration.”

Lyndon Overweg, chief of Mitchell’s Department of Public Safety, said drivers using cell phones aren’t a big problem in Mitchell, but his department still wants drivers to exercise caution while using cell phones on the road.

“The best thing is to pull over if you have to do texting or dialing or anything like that,” Overweg said.

Overweg believes legislation to limit or ban cell phones eventually will be passed in South Dakota, and that’s a potential situation that suits him just fine.

“Any time we can enhance the safety of the road and take away distractions, that’s what we’re after,” Overweg said.

Brooke Bohnenkamp, public information officer for the state Department of Public Safety, said cell-phone usage was reported as a contributing factor in 138 South Dakota crashes in 2008. Of those, one was fatal and 57 included some type of injury.

Bohnenkamp said people who take actions that divert their attention away from driving, including text messaging and cell-phone use, can be found in violation of the state’s “careless driving” law.

In The News: Muni Reissues Notice Reminding Its Drivers of Cell Phone Ban

We're not sure exactly what sparked this bulletin -- other than recent crashes around the country involving transit drivers using cell phones -- but Muni sent a reminder to its drivers this morning that they are not only not allowed to use a cell phone while operating a transit vehicle, they cannot even display one. The bulletin is signed by new Chief Safety Officer James Dougherty and Chief Operating Officer Ken McDonald. The rules state:


1. Transit operators are not permitted to display or use a cellular phone, PDA, hand-held or hands-free devices, while operating a transit vehicle.

2. Transit operators are not permitted to read, write or send emails or text messages while operating a transit vehicle.

3. Cell phones, PDA’s or any personal electronic vehicle must be turned off while operating a transit vehicle.

4. If an employee must make an emergency call (911), the transit vehicle must be stopped in a safe location and you must exit the compartment before making the call.

The notice goes on to warn drivers that they face disciplinary action, including termination, if caught using a cell phone.


"The reissued bulletin reflects the importance that we place on our operators and all of our employees to follow the safest procedures possible," said MTA spokesperson Judson True. "We simply cannot tolerate cell phone use by our operators."

True said anyone who spots an operator using a cell phone should call 311 immediately, and their operators will call central control and "get an inspector to the scene as quickly as possible and deal with it." He said seven operators who work on the rail side -- cable cars, streetcars and LRVs -- have been suspended in the past six months for using cell phones. And he was waiting to get numbers on bus drivers, who carry the majority of Muni passengers.


Considering how many times riders have spotted Muni drivers on their cell phones, let's hope this reminder reflects a reinvigorated effort to enforce the policy. We already know California drivers are flouting the state's hand held cell phone law, and while the CHP is issuing some citations, it's generally not being enforced.

Muni operators carry a much greater responsibility, shuttling hundreds of thousands of passengers daily across the city on streets already filled with myriad distractions.

In The News: $67 Fine For Holding Cell Phone While Driving

Starting July 1, Oahu drivers caught holding a cell phone or any other electronic device will be issued a $67 ticket.

“There is no plan to specifically enforce it,” said Maj. Thomas Nitta of HPD’s Traffic Division. “It will be basically what we call an on-view violation. If the officer happens to observe it, then the person will be cited.”

The only way drivers can legally use a cell phone after June 30 is by using a hands-free device, such as a blue tooth.

However the law provides exemptions for 911 calls as well as emergency workers. Drivers using two-way radios for work also have an out. But don't expect much sympathy from police officers if you're caught using the push-to-talk feature on your cell phone.

Maj. Nitta explained officers would not be responsible for determining whether a driver was using the walkie-talkie feature on a cell phone for official work-related business.

"The person will be cited from what we observe,” said Nitta. “Then it's going to be up to you to inform the judge that you were utilizing (it) for business purposes.”

Drivers caught holding a cell phone more than once within a one year period could face an additional fine up to $500. The exact amount would be decided by a judge.

Nitta said the cell phone citation would be listed as a non-moving violation and drivers could not lose their licenses regardless of the number of tickets they receive.

“Use is considered anytime you have something in your hand, which you will do for dialing, texting or things like that,” said Nitta. “So as long as you have the device within your hand it will be considered a violation.”

The new city ordinance was signed last month by Mayor Mufi Hannemann after being passed by the Honolulu City Council. Council members cited safety as the main reason for banning the use of hand-held electronic devices.

However research has shown drivers who utilize hands-free devices are just as likely to become distracted. It’s a phenomenon known as inattentive blindness.

Prof. David Stayer, a psychologist at the University of Utah, used a driving simulator to observe drivers who held a cell phone to their ear and those who used hands-free devices. He found there was no measurable difference in reaction time between the two groups.

“In fact to the thousandth of a second the brake reaction times are the same - so we're not seeing any safety advantage. The research has shown it's not the fact that your hands are not on the wheel, it's that your mind isn't on the road.”

Strayer’s research found drivers who converse with a passenger were at less risk of a crash then those using a cell phone. He said that was likely due to the fact that passengers can alert drivers of obstacles on the road and were likely to break-off a conversation if they saw it was affecting a person’s ability to safely operate the vehicle.

And while holding a cell phone in your car will soon be illegal in Honolulu, drivers cannot be cited for putting on makeup or eating a cheeseburger. Nitta explained Hawaii’s inattention to driving statute can only be used if there’s a crash.

“Inattention for driving is there on the statutes but there's a higher level of proof,” said the police major. Due to certain court rulings, right now in order to cite someone you need a collision.”

Honolulu police will use the weeks leading up to the hand-held cell phone ban to educate drivers about the new law. The department has printed posters and brochures and created a FAQ page on its website at HPD.org/traffic.

“We have officers going to the neighborhood board meetings; we have brochures that we are passing out (and) we have also talked to the car rental agencies,” added Nitta.

The Hawaii County Council is currently proposing its own cell phone ban that mirrors the Honolulu law. Members have yet to vote on the measure, which was introduced by Councilman Pete Hoffmann.

Review: iPhone Complete Hands-Free FM Transmitter

The iPhone Complete Hands-Free FM Transmitter is our hottest seller right now here at Canada Drive Safe. In case you don’t know about our product, I’ll give you a little info on it. The stylish gadget does it all for you. It will hold both your iPhone or your iPhone 3G safely in a shiny port. The biggest selling aspect to this hot seller is that The iPhone Complete Hands-Free FM Transmitter allows you to listen to your favorite songs and you're also able to receive calls at the same time without having to touch anything. Some other great features about the product is that it has a bendable neck so you can adjust it as you like while the bright blue LED screen makes it easy to see who is calling in the daylight and the midnight hours.

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I used to experience constant low-level with the DLO unit, and I'd hit sporadic patches of intense crackling noises -- much more than simple static. That crackling was so bad, I couldn't really hear the music. It would come and go as I drove, but I wanted to listen to my iPod badly enough that I'd simply put up with it.

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In The News: London, ONT Teen Dies From Trying to Answer Cell Phone While Driving

A 17-year-old who crashed his car when he went to pick up his ringing cellphone has died of his injuries, according to London, Ont., police.

Police say the teen became distracted when his phone started ringing while he was driving with a friend along Veterans Memorial Parkway late Wednesday afternoon.

He reached into his pocket to retrieve his phone and lost control of his SUV when it veered into the median divider. The vehicle flipped over, critically injuring the young man.

His 16-year-old female passenger suffered minor injuries in the crash.

The deceased teen's family has asked police not to release his name to the media until they are able to notify other family members of his death.

Police say this tragic incident highlights the dangers of driving distracted.

"In our day and age it is almost a conditioned response for the vast majority of people to feel the need to answer the phone, or answer an email, as soon as it pops up on your screen, or rings a bell, or vibrates," said London police Sgt. Tom O'Brien.

"We need to un-condition ourselves. We need to condition ourselves to the fact that driving takes 110 per cent of our attention ... and really force ourselves to ignore, for the moment, that ringing phone."

The Ontario government will impose cellphone restrictions on drivers starting this fall.

Last October, the government tabled legislation that will ban text messaging and emailing while driving. Drivers are also forced to use hands-free devices when talking on their phone.

Ontario Transportation Minister Jim Bradley said the teenager's death reinforces the need for legislation.

"I know there are some people who think we're imposing on their rights, when we impose on their right to use a hand-held device, to be talking on the phone (while driving)," Bradley said.

But he said that most people who have used cellphones while driving appreciate the reasons for the coming ban.

"I think they recognize when they're doing it they are distracted, and this is a tragic example of the consequences of that," he said.

In The News: Austin Council May Revisit Cell Phone Ban Issue

Talking on your cell phone without an earpiece or texting while driving within the City of Austin could soon be against the law.

Austin City Council member Mike Martinez wants to revisit a cell phone ban proposal he first introduced last year. He says council decided to hold off on any new measures until after the Legislature adjourned.

Legislators approved a statewide ban on using cell phones without a hands-free device in school zones.

Martinez says his goal is to save lives.

"I don't know if there will be a massive movement that we're trumping people's rights to talk on the phone while driving that's not what we're trying to do. You'll still be able to use your cell phone -- we're just asking you to do it in a safer manner," said Mike Martinez, Austin City Council member.

Martinez says he would like to partner with cell phone companies for an educational and awareness campaign. He hopes to bring his cell phone ordinance before council in the coming months.

In The News: School Zone Cell Phone Ban Just Needs Perry's Signature

Governor Perry could sign off on a bill Thursday that would ban cell phones in schools zones across the state.

If signed, House Bill 55 would go into effect by September 1st.

The act has already been passed by the house and senate and just needs to be signed by the governor. It would require drivers, including bus drivers, to use handfree devices while using their cell phones inside their vehicles.

The only exceptions would be if the driver is making an emergency phone call. The goal is to cut down on distracted drivers and accidents in school zones.

Cool Stuff: Cartoons

In The News: Ban on Hand-Held Cell Phone Use by Drivers, Fail!

Picture is a bit fuzz and of poor quality, but I caught a DC cop driving through Georgetown, while chatting away on his cell phone sans hands-free device.

Now while I’ll admit to being occasionally guilty of talking on my cell while driving, shouldn’t our cops be exemplars of the code of law? Granted they’re only human, but come on! The least they can obey common laws while on duty, in uniform and driving a police car!

In DC, I’ve seen specific police traps that target motorists on cell phones. In fact, there’s often one not far from where this picture was taken. Surely, this cop has never been a part of those traps or ticketed anyone for cellphone violation that he himself is guilt of. I mean that would just reek of hypocrisy.

A question that occurs to me is: Could another DC Cop ticket this guy for the violation? Of course that would be a blatant violation of the Brotherhood of the Cop, but feasibly is that possible? Can an on duty officer receive a ticket?

In The News: Missoula City Council Bans Phone Use While Driving

The Missoula City Council has voted 6-5 to ban talking on a cell phone or texting while driving or cycling.

The council set a public hearing for June 22 to take comments on the zoning rewrite. And some opponents say they still want to get a lawyer other than the city attorney to determine whether some changes go too far.

Councilman Dave Strohmaier who proposed the measure says the ban takes effect within 30 days of the mayor's signature.

Officers will be allowed to pull people over if it looks like they are texting. They can't pull motorists over for talking on a cell phone, but they can write that ticket if they pull someone over for something else, like running a stop sign.

The ban notes exceptions for emergencies, such as calls to 911.

In The News: Ritter Signs Text Ban Bill

Drivers will no longer be able to text message, parents will be able to take time off of work to attend their children’s school meetings, and health care benefits will be extended for employees who were laid off — all due to a batch of bills that were signed into law by Gov. Bill Ritter yesterday.

Ritter signed 10 bills into law during a whirlwind trip that took him to Greeley and Fort Collins. Ritter has until Friday to take action on bills that came out of the 2009 legislative session.

“The governor’s focus this legislative session has been on creating jobs, helping businesses, creating new businesses and providing assistance and relief to families,” said Ritter spokesman Evan Dryer. “Many of the bills that the governor signed (yesterday) advanced those goals.”

Starting Dec. 1, drivers aged 18 and over will not be allowed to text message while driving. Under the new law, people under 18 will not be allowed to use a cell phone at all while driving.

Lawmakers amended the stricter version of HB 1094, which would have banned all use of cell phones for motorists, because it was bound to meet steep opposition in the Senate and was likely not to pass. Rep. Claire Levy, D-Boulder, the bill’s sponsor, said she would have preferred a sweeping ban on talking on a hand-held cell phone for all drivers, but added that the amended version of the bill was a step in the right direction.

“It is definitely better to have something than nothing,” she told the Denver Daily News. “It helps to raise the awareness of drivers that using their cell phone for any purpose is a hazard, and even though all we could get through was a ban on text messaging, I think that the debate has raised a lot of awareness about the safety issues associated with using your cell phone while driving.’

In The News: More States Want Cell Phone Ban

Teens. Cars. Cell phones.

The mix is as combustible as gas, fire and oxygen. And the result can be just as deadly.

Clinging to their social life preservers, teens are littering roads with mangled car parts from crashes where a cell phone was a factor.

But dozens of states across the country are starting to do something about the problem.

In Kansas and Missouri, legislatures this year passed laws targeting teen cell phone use. The new laws would:

Ban anyone 21 or younger from sending a text message while driving in Missouri. The law starts Aug. 28. It carries a fine up to $200 and two points would be assessed against a Missouri driver's license.

Prohibit anyone under 16½ in Kansas from using a cell phone while driving with the exception of emergencies. The new law starts Jan. 1. The law is part of Kansas' new graduated driver's license program.

The measures come at a time when cell phones are grabbing headlines, not just in highway crashes but on the country's railways as well.

Last week, a 25-year-old man driving on Interstate 29 apparently was texting when he slammed into the back of a St. Joseph, Mo., patrol car, knocking it into another squad car. Two officers were sent to the hospital with injuries.

A 19-year-old northeast Kansas woman who was killed in a car accident near Manhattan two weekends ago was texting while driving, investigators said. Ashley Umscheid, of Wheaton, was driving her 1995 Ford Ranger on Kansas 18
when she entered the median, overcorrected and flipped the vehicle.

Those wrecks came just weeks after a 24-year-old trolley driver in Boston rear-ended another trolley while texting his girlfriend. The crash sent 49 passengers to the hospital,

"I think it's almost an epidemic in this country that people think it's a good practice to basically be on a typewriter in your car," said state Sen. Ryan McKenna, who backed the texting ban in Missouri.

Texting for novice drivers is already banned in 10 states, and cell phones are banned for young drivers in 21 states and Washington, D.C. Legislatures in 24 states considered an estimated 51 bills this year that would have toughened cell phone laws.

While traffic safety experts generally consider cell phones a driving distraction for anyone, they are viewed as an even deadlier temptation for teens.

Imbued with a sense of invincibility and an over-confidence in their driving skills, teens tend to underestimate the risk that cell phones — and especially texting — pose on the highway, experts say.

"Teens have a distraction problem already. Now you're going to add cell phones into the mix?" said Russ Rader, spokesman for the Insurance Institute for Highway Safety.

Earlier this year, researchers at the University of Kansas listed driver distraction, especially among teens, as one of the top issues facing American transportation. They noted that a cell phone increases the chances of a young adult wrecking by up to 700 percent.

Missouri and Kansas have been tracking cell phone-related crashes for six or seven years.

Missouri had 451 cell-phone related crashes involving 15- to 19-year-olds last year, the most since 2003. Four were fatal, including a fiery crash in northeast Missouri last September that killed two, records show.

Kansas had 111 teen wrecks where a cell phone contributed. Only one was a fatality. Police said an 18-year-old in Wichita ran into a tree in while texting in snowy conditions.

As significant as the issue may be, experts question whether laws singling out an age group — or just a behavior like sending text messages — will do anything to curb the rising number of crashes involving teens and cell phones.

The insurance institute last year studied a cell phone ban for drivers under 18 in North Carolina. Researchers found that teens leaving high school in the afternoon changed little before and after the ban started.

About 11 percent of teen drivers were seen using phones before the law. It increased to 12 percent after the ban, the study found.

Rader, the insurance institute spokesman, said laws restricting cell phone use don't appear to be effective. He pointed out that most teens interviewed in North Carolina knew about the cell phone ban, but didn't think it was vigorously enforced.

"If drivers don't believe they are likely to be spotted and ticketed, they're unlikely to change their behavior," he said.

Another study of a ban on handheld cell phones for New York drivers turned up similar results. Cell phone use dropped immediately after the ban started, but a year later it had picked up again.

"As soon as the publicity died down, cell phone use went back up to almost where it was before," Rader said.

In The News: Cell Phone Ban - No Brainer for Steven Joyce

Texting while driving is a 'no brainer', Steven Joyce said today.

The Transport Minister wants action this year to ban drivers from using hand-held cellphones.

Mr Joyce said yesterday that he would seek rule changes to ban voice calls and texting, subject to recommendations from officials and Cabinet approval.

He is waiting for a Ministry of Transport report on public consultation about the use of cellphones while driving.

He understood it showed a "broad level of consensus" on banning the use of hand-held cellphones.

However, Mr Joyce said he was still awaiting advice on penalties.

"There are already laws, of course, about driver distraction and people shouldn't be driving their cars and texting and being distracted by cellphones at the same time," he said.

"That doesn't change but I think we've got to go ahead and get this rule in place."

It was likely hands-free cellphone use would be exempted.

Transport officials are busy preparing recommendations for public submissions on road safety actions expected to be taken next year to reduce dangers such as drink-driving and excessive speed.

But Mr Joyce said he was keen for the cellphone issue to be given high priority.

The public consultation followed a proposal by the previous Labour-led Government to fine drivers $50 and impose 25 demerit points for using hand-held phones.

Even cellphone giants Vodafone and Telecom supported bans early last year, after a young drink-driver was convicted of killing an elderly Ashburton couple while texting.

Road safety researchers say using a cellphone while driving increases the risk of crashing by up to nine times.

Using cellphones while driving makes motorists as impaired as drunk drivers, they say.

Cellphone use was blamed for 96 crashes in 2007, but the Automobile Association suspects the true figure is higher, as it believes the police have only recently made a routine practice of searching car wreckages for phones.

Drivers are likely to be allowed to hold conversations on hands-free connections, despite research at a simulator at Waikato University showing these to be little or no safer than using a hand-held phone.

AA spokesman Mike Noon accepted there was little difference, but said the organisation was taking a practical view in considering that a ban on hand-held phones - supported by 76 per cent of surveyed members - would at least deter drivers from looking down to make calls.

"All phone conversations are distracting, but there will be times when you do need to be contactable," he said.

"We've been using cellphones in cars for a long time, so we think it's reasonable to have a hands-free kit in your car.

"But we say calls should be kept to a minimum, and if you're in difficult driving conditions, don't answer the phone."

Mr Noon said discouraging youngsters from answering texts immediately was a particular problem, because of strong peer pressure for them to do so.

He had asked cellphone companies if phones could be programmed to bounce back texts automatically if recipients were driving, but had been told the technology was not readily available.

Mr Noon said parents should refrain from texting their children at night to ask where they were "because what could be more tragic than sending them a text that makes them have an accident?"

Waikato University road safety researcher Sam Charlton, an associate professor of psychology, said cellphone conversations of any kind almost doubled the time it took drivers to react to hazardous situations.

"Most people need about two and a half seconds to react to a hazard, but you can add a couple of seconds to that if you are talking on a cellphone."

An extra two seconds would add 55m to the stopping distance of a driver travelling at 100km/h.