The Iowa House passed House File 2456 on Monday, which limits the use of cell phones while driving. The House voted 55 to 41 in favor of the measure, with Rep. Curt Hanson, D-District Fairfield voting yes. It now goes back to the Iowa Senate.

HF2456 is a stricter version of a measure approved by both the House and Senate that only banned sending and writing text messages and emails but still allowed talking on cell phones while driving.

The measure goes back to the Senate as lawmakers struggle to end this year’s session by the end of the month.

Under the version approved by the House, drivers with restricted youth licenses (typically ages 14 to 17) would be forbidden from using a cell phone while driving for any purpose, and would also be prohibited from using hand-held electronic devices like mp3 players.

“The Iowa people have spoken loudly about that, reading a text message is a very dangerous thing to be doing while you’re driving,” said Fairfield’s Curt Hanson.

The bill is still not without its problems and disagreements when it comes to addressing industries that affect Iowans. Rep. Hanson noted issues with the the trucking industry, which is going to a paperless manifest system, and public-transit buses, both of which will have data terminals mounted on dashboards. He asked, “Is that reading a text message or reading instructions from the boss? Is this a hand-held device or attached to the dash?”

Additionally, he said in rural Iowa, volunteer firefighters have to check paging devices to get the address they are responding too. “Is this also reading a text message? That is why we originally did not have “reading a text message” in the house bill,” he explained.

According to Rep. Hanson, the bill will now go through a reconciliation process with the Senate. He believes the Senate was not aware of concerns with the trucking and public-transit industries, or rural fire departments.

Opponents on all sides have their opinions about the House bill. Some do not think the House bill is stiff enough, where others feel that government does not have a place in something that is believed to be common sense.

“I have discovered that everything that happens here is much more drawn out that I ever dreamed it would be,” Rep. Hanson said, “but this is good because it means that it’s being well thought out, which is what I think our constituents, would want us to do. We need to address the ramifications and consequences of these things that pass through legislation for all of Iowa.”

Both Rep. Hanson and Fairfield Chief of Police, Julie Harvery agree that there will be serious consequences if a bill is not passed. “If the bill does not pass we’re going to have more dead kids and property damage,” Chief Harvery said. “Eventually, I also believe that it’s going to affect federal highway funding if we do not pass a bill.”

Chief Harvey does not see enforcing the bill as a problem but wants it to be implemented similar to how the seat-belt law was employed. “You can see people texting and talking on the phone,” she said. “If they are going to pass it, it needs to be applied like the seat-belt law where there is a grace period for verbal warnings before we begin ticketing drivers.”

Related articles by Zemanta

• WA House approves tougher texting and driving ban (seattletimes.nwsource.com)
• Georgia could become 20th state to outlaw texting for all drivers (taragana.com)

The blogosphere and major media networks have been full of debate stirred by stories of accidents caused by motorists texting while driving. States and communities are imposing bans on using cell phones while driving in the wake of new data coming out that shows startling rates for cell phone related fatalities.

A recent study published by the Pew Internet & American Life Project shows that teens are aware of the dangers of texting while driving, but they choose to do it anyway.

Some of the data:

• 26% of all American teens 16-17 have texted while driving, and 43% have talked on a cell phone while driving.
• 40% of American teens 16-17 say they have been in a car when the driver used a cell phone in a way that put themselves or others in danger.
• A truck driver texting while driving is 23.2 times more likely to get into an accident than a trucker paying full attention to the road.
• Talking on a cell phone causes nearly 25% of car accidents.
• Each year, 21% of fatal car crashes involving teenagers between the ages of 16 and 19 were the result of cell phone usage. This result has been expected to grow as much as 4% every year.

Note: Photo Taken While Parked, For Dramatization Purposes Only.

While the list of countries that ban the use of cell phones while driving is fairly extensive, the USA is still catching up to addressing this issue. Currently only the states of California, Connecticut, DC, New Jersey, New York, Oregon and Washington have hand held bans for all drivers. Most states have a ban on cell phone usage for bus drivers and text message bans for novice/teenage drivers.

And then there’s Iowa. Iowa does not have a single law regulating the use of cell phones while driving. Several attempts have been made recently, but all were rejected under fierce resistance.

It’s a shame that common sense, in this case being responsible and safe while driving, is something you have to regulate, but even more surprising is the resistance from my fellow citizens to legislation that has everyone’s safety in mind. What are the arguments against creating motor vehicle rules to prohibit the use of a device that is an obvious distraction while driving?

The message here in Iowa is quite different from say the UK, which has several ad campaigns addressing the public safety issue of driving while using a cell phone.

The other day a co-worker of mine was pulled over for having tinted windows. He was pulled over and ticketed right on the Square because his windshield exceeded the standard for light transmission. A total of three Fairfield police officers were involved in the ticketing, enforcing a law which I assume exists for public safety reasons.

I’m not going to argue the merits of the law against tinted windows – it sounds reasonable to me. However, I’ve been a passenger in this vehicle and never perceived that the windows were too dark or caused any safety issues.

Now let’s compare the efforts of the police involved in enforcing the law in this instance to the accepted practice of driving while texting or talking on a cell phone all around this town. Anyone that commutes daily in Fairfield has certainly experienced what I have: routine interactions with other motorists who are clearly distracted while driving due to cell phones. Not staying in their lane, blowing through or braking late at a stop sign, not stopping in front of crosswalks, driving in an erratic manner while trying to negotiate their next turn while also deeply involved in a text or phone conversation.

When I heard about the three police officers pulling over a co-worker for tinted windows, I could not but be annoyed with the absurdity in the level of effort to enforce THAT law, while so much distracted driving is being ignored all around town.

You’re probably thinking, “hang on Will, you cannot expect the police to pull over drivers who are texting while driving because those drivers aren’t breaking the law. You say yourself that there are no laws in Iowa regulating the use of cell phones while driving!”

It is true that there is no law on the books specifically targeting cell phones. However, there is a law against reckless driving.

321.277 Reckless driving.
Any person who drives any vehicle in such manner as to indicate either a willful or a wanton disregard for the safety of persons or property is guilty of reckless driving.

So my argument is this: why wait for the legislative process to catch up with current technologies and mandate common sense? The data shows that driving while texting or using a cell phone is dangerous and therefore a disregard for public safety. Our local law enforcement has the resources to enforce seat belt laws and window tinting violations (for example); but isn’t the real public safety issue the escalating use of cell phones while driving?

I drive a manual transmission. If I was pulled over for using a cell phone, and ticketed with Reckless Driving, how could I convince a judge that driving a stick shift with only one free hand is NOT a willful disregard for the safety of persons and property?

Don’t get me wrong, I am not a modern day Luddite! I love technology and have owned an iPhone since the day they were first released – technology is my profession and my passion. But I also understand that how we as a society adopt and integrate technology into our daily lives often out-paces the development of laws and regulation around those technologies, that we require to maintain our social contract.

What are your thoughts on legislating and enforcing the use of cell phones while driving? Do you have any personal experiences with reckless driving due to the use of cell phones or other gadgets?

Related articles by Zemanta

• Stop sign ahead for texting while driving? (seattletimes.nwsource.com)
• Nationwide Insurance: 80 percent of Americans want legislation ‘to restrict’ driving while using mobile phone (mobilecrunch.com)
• How to Stop Teens Texting While Driving (usnews.com)
• Obama Bans Texting While Driving for Guv Workers – And There’s More (streetsblog.org)