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Lawmakers split on how tough to make distracted driving bill

by OWEN LEI / KING 5 News

KING5.com

Posted on March 7, 2010 at 9:57 AM

Updated Sunday, Mar 7 at 10:08 AM

OLYMPIA, Wash. -- While they all think texting while driving is a serious no-no, state senators and representatives appear to disagree on how tough to make a bill on drivers who use cell phones while driving.

Even on the interstate freeways, KING 5 observed several drivers with cell phones to their ears or texting while darting their eyes between their phones and the road.

"I do still see people using their cell phones out there on the road when they're driving, and it's a little scary," said driver Linda Leisure.

On Feb. 5, the Senate passed SB 6345 by a vote of 33-15.  The bill would prohibit "the use of a wireless communications device by a person holding a driver's instruction permit or an intermediate license while driving a motor vehicle" and also "changes the offense of using a wireless communications device while driving and the offense of sending, reading, or writing a text message while driving from secondary offenses to primary offenses," according to the bill digest.

While it is already illegal in Washington to use a cell phone without some kind of handsfree headset, the bill supporters hoped to restrict teen drivers from using cell phones entirely, as well as giving police the ability to pull over any driver who they spot testing or using a cell phone without a wireless device..

"I think it would cut down on adccidents and possible deaths on the road," said Leisure.

But many senators do not like the House version of the bill passed earlier this week, because it included an amendment they believe waters down their efforts.  The amendment, introduced by Bonney Lake Representative Dan Roach, leaves distracted cell-phone driving as a secondary offense for adults, though it does make texting a primary offense.

On Saturday morning, Senators passed a motion refusing to concur with the House amendments and asking the House to drop the changes, essentially telling the House, the entire bill has no teeth without an adult primary offense component.

Some drivers agree with the House bill, though, saying regulating distracted drivers too much is pointless.

"I don't think that's a legitimate cause to pull you over,"  said Raphael Lee. "If I was talking with a cup of coffee in my hand, would they pull me over for that?"

The House can take out the amendments or do the same thing the Senate did, sending their version back with no changes. If they keep disagreeing, the two houses will have a conference committee to look for compromise.

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Comments: Displaying 1 - 15 of 23

livinglife said on March 8, 2010 at 7:20 PM

confiscate the phone? they are not illegal. Texting is a first offense and talking is a second offense, how do they know they are not dialing a number? And as for the whole teen thing before, how would they know how old the driver is?

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phil49 said on March 8, 2010 at 6:14 PM

Pulled over for using cell phone while driving - just tell the officer you were taking a picture. They haven't addressed that yet... Or better yet use your cell phone to take pictures of police officers using their cell phone while driving. If you take a pic of officers talking and texting be sure to use video mode so you can get their face as well as any identifying markings on the police vehicle like agency name and the license plate and vehicle number.

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phil49 said on March 8, 2010 at 6:06 PM

As it is written (in your article) using a wireless communication device while driving without a hands free device will be a primary offense, if passed. Since it does not specify a Cell Phone it will be applied to all devices such as Ham and CB radios, not to mention tow trucks, taxis, transit buses etc... I'm just waiting for the exclusion of public officials and legislators from the law. And what about police who use a radio and laptop computer while driving?? Bus and tour bus drivers can still be calling out locations and information on on-board sound systems by way of a hand held microphone (just as distracting as using a hand held cell phone). Today the cell phone, tomorrow no more lattes or food while driving... And what about brushing teeth and putting on makeup while driving?

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avhjr said on March 8, 2010 at 2:56 PM

Make it a capitol offense. Just shoot them right there on the side of the road. I would like the red light cameras to engage a gun system too. Make it a lot more sporty to run a red light knowing that a close in weapon system was going to swiss cheese your car in the next millisecond.

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jamey said on March 8, 2010 at 10:21 AM

Does anyone see our "liberty" evaporating? I am all for safer roadways, but common sense should prevail. Talking on the phone is no more distracting than eating, drinking coffee, talking on the CB, yelling at kids, or listening to the radio. Prohibiting texting, watching TV, applying makeup, kissing, or driving impaired, I get. If a driver is allowing the radio, food, drink, or phone to distract them too much, there is a primary offense (distracted driving) law to address that.

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unbelievable said on March 8, 2010 at 9:03 AM

Just pull em over and confiscate the cell phones. No $50,000 fine or 5 years in prison. Heck we don't even put real criminals in prison for 5 years and I wonder how many criminals are charged a $50,000 fine and how much it costs to track and collect it.

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blankingout said on March 8, 2010 at 1:00 AM

thinknovuu, thank you for submitting that RCW, not cause of the cop thing, but cause of subsection (3)... Cellphones are radios...

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thinknovuu said on March 8, 2010 at 12:37 AM

According to the law, Police are allowed to use cell phones. RCW 46.61.667 Using a wireless communications device while driving. (1) Except as provided in subsection (2) of this section, a person operating a moving motor vehicle while holding a wireless communications device to his or her ear is guilty of a traffic infraction. (2) Subsection (1) of this section does not apply to a person operating: (a) An authorized emergency vehicle, or a tow truck responding to a disabled vehicle; It might not be right, but it's not against the law.

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jill_h said on March 7, 2010 at 11:01 PM

All the evidence indicates cell phone use while driving increases the risk of accidents. That's true for adults and teens. Why target teens? This reeks of Animal Farm. If we are going to change the law, do it right! No wonder there's a budget shortfall. We have to do everything 3 times.

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runner693 said on March 7, 2010 at 8:10 PM

Legislature should not be making such laws to restrict behavior. Some drivers are quite capable of multi-tasking, while many, many others can't even handle basic driving. Laws should be focused on outcomes. Usually that's all the police get to work with anyway, since 99% of crimes are dealt with after the fact, not in the commission of them. THEREFORE, the law should deal with what happens if you cause an injury accident while texting, phoning, etc. Solution : first offense = Class B Felony, punishable by mandatory $50K fine and five years in prison. Similar penalty for non-injury damage to property. This could be easily extended to any type of distraction-type accident. Then, make sure the media puts out the word on the law, and that the first few convicted are widely pubilcized. I bet we would see a significant , immediate decline in this behavior.

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clear2copy said on March 7, 2010 at 3:46 PM

uugh..I'm so tired of the whining about Police using phones while on duty. A lot of information gets relayed via phone while on patrol. You whingers need to stop watching to much TV.

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sensibleguy said on March 7, 2010 at 3:46 PM

Big push on this legislation while our roads are safer now than they have been for 50 years. Makes me wonder what the real reason for the legislation is.

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tashamarie said on March 7, 2010 at 3:42 PM

To all of you that commented on police officers having to abide by the same cell phone rules that civilians do - I think what they're discussing is much, much more important than anything you're blabbering about! Part of their training includes reporting information while in pursuit.

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yogibear said on March 7, 2010 at 3:07 PM

julie1989------ blankingout Agreed!!!

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blankingout said on March 7, 2010 at 2:20 PM

Thinking about cops using their cellphones while not engaging their emergency lights, the state needs to set up a website we can upload pictures of police officers violating the cellphone law so they can be made examples of and punished!

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ilgatto said on March 7, 2010 at 2:16 PM

Is there a provision for LICENSED amateur radio operators working a mobile station? This is used a lot for Emergency Response and Search and Rescue, as well as just general good of the order. The language as reported here seems ambiguous, and mobile Ham stations are considered wireless communications devices. Also what about your average trucker and their CB gear?

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julie1989 said on March 7, 2010 at 1:34 PM

cell phone and texting:) if they are going to make this a law, are they going to put a stop to cops using there cell phones. its not right they we would have to stop and they dont have to. you see cops all the time on there phone when they are driving. so if we get pulled over could we pull them over a well?

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impulse said on March 7, 2010 at 11:51 AM

Brewster, "testing" is a word in the English language, so a spellchecker wouldn't have turned up any problems. You'd actually have to read what you wrote before posting it, to see that there was a mistake.

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canadianson said on March 7, 2010 at 11:47 AM

Any time a drivers attention is distracted from the road those around Him / Her are far more likely to need to take evasive manuvers. I for one support the overall no cell phone use while underway law. Including police.

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aziza said on March 7, 2010 at 11:43 AM

Hey Raphael Lee? The answer is YES! If holding that cup of coffee causes you to run a red light and nearly hit a pedestrian? You bet! Its not so much the cell phone and texting as it is people doing everything while driving- except driving!

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brewster said on March 7, 2010 at 11:32 AM

"Testing" or using a cell phone! Where is the spell checker?

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blankingout said on March 7, 2010 at 11:14 AM

How about a law that puts a 8 year cap on all state representatives for a particular state position!

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javajoe said on March 7, 2010 at 10:58 AM

How about a law that makes it illegal for state representatives to be "TAXING" when driving to Olympia? This behavior of theirs is most distracting.

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