Enforcement and Penalties for the New Text Messaging Laws
Text messaging and Traffic Accidents
The American College of Emergency Room Physicians has been receiving data from its member physicians which indicates a steady rise in traffic accidents, injuries, and even deaths due to text messaging while driving. Drivers who use a cell phone are significantly more likely to be involved in a collision, and anecdotal evidence is emerging that identifies text messaging as an even higher risk.
With over 158 billion text messages being sent in this country by cell phone last year, it is not hard to reason that a lot of BFFs are texting while driving. As of January 1, 2009, seven states banned receiving or sending text messages while driving. As an alternative to a total ban, some other states are focusing on teens, who often treat text messaging as their life-support system. This will augment the existing requirements many states enforce which mandate that drivers use hands-free devices when talking on a cell phone or other mobile communication device
Penalties for Text Messaging
The base fine for driving while texting (DWT) in California is $20 for the first offense and $50 for repeat offenders. If your are cited for another offense while texting, such as running a light or tailgating another vehicle, your fines will be greater. In some states, such as New York, drivers are fined $100 or more per offense. A ticket for DWT will not appear on your permanent record or cause an increase in your car insurance rates
Secondary Enforcement Law
DWT is categorized as a Secondary Enforcement offense, which means that an officer who spots you text messaging while driving cannot stop you for that reason alone. He can stop you for any other illegal activity and also cite you for texting. That makes it even harder for officers to enforce this law, especially since texting is not as easy to spot as someone talking on a cell phone
Exemptions and Exceptions
Trucking companies legally outfit their trucks with mobile communications devices which include a keypad for the driver to enter his position and other data while on the road. The law also allows for transit buses and emergency vehicles whose personnel need to report illegal activity or emergencies. Even drivers of private vehicles can be exempt if they are summoning help in an emergency
Parents Need to Take a Stand
Parents of teens who drive need to make a contract with their kids to agree not to engage in potentially deadly activities like text messaging or drinking and driving. A signed agreement between you and your teen will help her understand that a seemingly trivial activity while driving can result in death. Have her do a simple search in Google for the term, "texting fatalities," to expose her to the horrible consequences of an innocent 2 or 3 second lapse in attention while driving.
