Behind the wheel:

Text messaging laws

by Katie Greenwood

Five seconds. That’s the average amount of time drivers sending text messages stare at their phones.

It seems quick, right?
Five seconds. That’s also the amount of time it takes to travel the length of a football field at highway speed (generally 55 miles an hour, for those who missed that day of drivers’ ed). You might as well have your eyes closed as you zoom 100 yards down the highway.

It’s only logical that bad things can happen when a driver takes at least one hand and both eyes off the road for a full five seconds. The Virginia Tech Transportation Institute study that determined this five second average also determined that texting while driving increases your risk of getting in a crash by 23 percent.

This graphic PSA shows how deadly texting and driving can be. View the PSA.

States aim to end texting and driving

New laws prohibit texting while driving. Photo courtesy flickr images.

Many states are passing laws to curb the dangerous practice of texting and driving. Currently, 10 states have passed laws to ban text messaging while driving for drivers of all ages, and 4 more have passed laws that will go into effect by 2010.

California passed a law in January 2009 that prohibits all drivers from writing, sending, or reading text-based communication while driving—that means emails, instant messages, and text messages. The law went into effect in January 2009 and carries a $20 fine for the first offense and a $50 fine for the second offense.

The penalties vary by state, but as the number of accidents related to text messaging rises, fines for violating texting bans are becoming harsher.

In Utah, the penalty for causing a fatality while texting and driving may result in a $10,000 fine and up to 15 years in jail. Injuring another person while texting results in a $1,000 fine and up to 6 months in jail, and the penalty for simply texting while driving is a $750 fine and 90 days in jail.

Bull's-eye: Laws targeting teens

Some states have specifically passed laws to restrict cell phone use by young drivers.
In 2 states, text messaging is prohibited for teens and new drivers.

In 20 other states, teen or beginning drivers are prohibited from any type of cell phone use while driving. Several lawmakers cite teens’ and new drivers’ inexperience behind the wheel as the reason for these cell phone and texting laws.

In Indiana, drivers under the age of 18 can not use cell phones, text messaging devices, or other wireless telecommunications devices while driving. Under this law, not only are teen drivers not allowed to text message, but they are also not allowed to use cell phones for any other purpose.

In states where laws restrict only teens’ cell phone usage while driving, many feel that it is unfair to target teens. In an online poll by the Evansville Courier and Press in Evansville, Indiana, 70% of the 478 respondents agreed that it was unfair that teen drivers are prohibited from text messaging while driving but adult drivers are not. Many people support laws to make texting illegal for all drivers, regardless of age.

Widening the scope: Nationwide legislation

The federal government is now stepping in with efforts to indirectly ban text messaging while driving. Because driving laws fall under state jurisdiction, national law cannot directly prohibit text messaging and driving.

Instead, the federal government is considering requiring states to pass a ban on text messaging while driving within the next 2 years. States that don't pass the ban would risk losing up to a quarter of their federal highway funding.

States would have to prohibit text messaging by all drivers, including bus drivers and commercial drivers regardless of age or experience. States would individually set the penalties for infractions.

Hit or miss—do the laws work?

In addition to concerns about teen drivers being unfairly targeted, some safety professionals question the effectiveness of text messaging laws.

The Governors Highway Safety Association does not yet support bans on text messaging while driving because of the difficulty of enforcing them. It's unclear if bans on cell phone usage and text messaging prevent collisions.

Right now, there is too little research on the effectiveness of these laws. Most state laws against texting and driving have been in effect less than a year, and law enforcement officials have had little training in how to enforce the new legislation.

Want to learn more?

For more information on text messaging legislation, log on to handsfreeinfo.com to read about current text messaging and cell phone use legislation across the country.

Talk back

How often do you text while driving? Has it ever put you in danger? Are text messaging bans a good idea? Let us know what you think.