Sample bill to help states enact texting bans

The Department of Transportation unveiled sample legislation aimed at prohibiting texting while driving that will serve as a framework for states looking to implement their own laws. The law, which was crafted by the National Highway Traffic Safety Administration (NHTSA) as well as a number of safety organizations, law enforcement, and the CTIA--The Wireless Association would help states address the distracted driving problem by authorizing law enforcement to ticket drivers who text.

Currently, 19 states and the District of Columbia have enacted texting while driving laws and a number of other states have more specific laws targeting certain drivers like teens. Last month, the federal government enacted a law banning commercial truckers and bus drivers from texting.  In 2009, more than 200 bills were considered and more will likely be on the table in state legislatures in the coming year.

The sample law applies to all drivers and makes it unlawful to manually type letters, numbers, symbols, etc. into a wireless device or to send or read data, which includes texting, e-mailing, and instant messaging.

Exemptions include law or emergency personnel performing official duties, drivers reporting an emergency or criminal activity to authorities, using a navigation device or conducting wireless communication without using manual entry such as voice recognition services.

The penalties would include a minimum fine of $75 for first offense and a moving violation ticket. Penalties for subsequent offenses would be determined by each state. Any offense that results in death or serious injury would become a felony with penalties determined by individual state guidelines.

According to NHTSA, nearly 6,000 people died in 2008 in crashes related to distracted driving, and more than half a million were injured. Research also shows that the most frequent offenders are young, inexperienced drivers under 20 years of age.

Creating more laws is one step in the DOT's mission to reduce the distracted driving problem. States will also look into public awareness campaigns, improved police reporting of crashes, and possible changes/consequences to the graduated driver's licensing laws for novice drivers.