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Texting while driving ban hits roadblock in Tenn. Senate committee


Published April 1st, 2009 | 6 Comments


 

Legislation creating a new misdemeanor offense for texting while driving met a temporary roadblock in the Tennessee Senate Finance Committee on Wednesday.

The committee deferred action on the bill, sponsored by state Rep. Jon Lundberg, R-Bristol, amid concerns about whether the legislation is needed since Tennessee has laws regulating distracted driving.

A recent Tennessee attorney general’s opinion said law enforcement has the authority to cite drivers for being unsafe while talking on a cell phone or sending a text message.

The opinion said the law “imposes a duty upon every driver to use reasonable care.”

Lundberg’s bill is nonetheless moving forward in the House, but state senators on the Finance Committee weren’t ready to yield despite a pitch from the legislation’s Senate sponsor, state Sen. Jim Tracy.

“Just in the past week, the state of Utah and the state of Virginia have passed this legislation,” said Tracy, R-Shelbyville. “Several other states have passed it — Alaska, Arkansas, California, Connecticut, Louisiana, Minnesota, New Jersey and Washington.”

But state Sen. Jim Kyle, D-Memphis, noted lawmakers went on for years debating a law mandating seat belt use.

“How’s this going to be enforced?” Kyle asked Tracy. “Are the police officers going to have texting roadblocks here?”

Tracy responded: “They would do it by observation. They are not going to search you out and look to see if you are texting while you are driving down the interstate. ... They tell me in my particular district that they will see someone swerving, and they will pull up beside them, and they are texting so much they don’t realize someone has pulled up beside them.”

Kyle followed up with a comment: “I assume they would then, if someone denied they were texting, they would prosecute them and subpoena their phone records and see whether or not they had been texting.”

Tracy said there have been two fatalities involving texting while driving in his Middle Tennessee district in the past two years.

About 85 percent of AAA members support the bill, Tracy stressed.

The bill’s proposed fine wouldn’t exceed $50, with court costs of not more than $10 for sending or reading text messages on a cell phone or personal digital assistant (PDA).

Tracy also pointed out the fine would not go on the offender’s driving record.

There is also no prohibition in the legislation for making or receiving phone calls with wireless devices.

The Tennessee Department of Safety projected an average of 10 violations per day statewide. Fines revenue would net the state about $20,000, according to the department.

Still, some senators weren’t convinced of the bill’s need.

“Where do we stop in regulating conduct?” asked state Sen. Doug Overbey, R-Maryville. “I get real troubled about how minute we get.”

For more information go to www.capitol.tn.gov. The bill’s number is HB 0107.

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The best thing about this law ? Is that after you have been hit and hurt, you can check their phone records and , take them to civil court. The texting and driving should be no different tan drinking and driving.

Commentjohn falin | 4/2/2009 - 11:41 PM - (CommentSuggest Removal )

The problem I see is without the specific language of this bill, the distracted driving law might not hold up in court. Someone could claim that texting isn't distracting for them. How do you prove in a court of law that texting is distracting for the person charged? For instance, the example Mr. Gilreath gave of the woman with the phone, coke, and hamburger. If I were to try that I would be over the mountain before I could swallow the first bite, but this woman obviously could do it and at least stay in the road. This bill would make it much easier to prosecute these cases.

CommentLana Kennedy | 4/2/2009 - 1:26 PM - (CommentSuggest Removal )

While texting while driving is a distraction, to pass this law wouldn't make a bit of difference in the world. Look at all the distracting behaviors people engage in while driving: eating/drinking, makeup, yelling at unruly kids, getting food for babies and toddlers, radio full blast singing, reading, changing clothes. If you ban one of them, you'd have to ban them all. No-win situation.

CommentWho is reading? | 4/2/2009 - 10:42 AM - (CommentSuggest Removal )

Just pass it already -- most people who do it while driving will still do it while driving and most are teenagers and young people that don't have very much driving experience to start with. I actually saw a lady the other day on 11W doing 60 with a Coke in one hand - a hamburger in the other and holding a cellphone with her shoulder.....although I was amazed at the skill it took to accomplish this feat -- I was also afraid she was going to hit me -- so I took a different route to my destination. No doubt something needs to be done.

CommentGreg Gilreath | 4/2/2009 - 3:20 AM - (CommentSuggest Removal )

Good to see Doug Overbey has some commonsense. I'm normally a Jon Lundberg fan, but I think he's just trying to pass a law just to pass it. We already have one on the books. If you want it enforced, go see Col. Walker at the THP and have it be a point of emphasis. Perhaps they could make "distracted driving" a primary offense.

CommentJerry Provost | 4/2/2009 - 1:57 AM - (CommentSuggest Removal )

I would LOVE for a bill like this to pass. I know it may seem redundant since drivers are to exercise due care, but just the other day while driving down Stone Dr. at dusk, in the rain, I was nearly run into oncoming traffic not once but twice by the same lady within a very short distance and as I looked at her to honk the horn, she never looked up because she was too busy texting. Then she nearly ran a red light because, she still hadn't looked up. By this time she had driven nearly 2 1/2 miles without ever looking at the road and endangering everyone on the road including myself and my child. I decided it was more dangerous to try to pass an idiot like this, so I angered the cars behind me by slowing down so that I was no where near this catastrophe. I also know of someone who actually takes both hands off the wheel, pushes the gas with their left foot so they can steer with their right knee so their hands can be free to text WITH A CHILD IN THE CAR! These geniuses are going to kill someone some day! Common sense has taken a backseat when it comes to safety. On a positive note, thank you to the drivers I see that pull over on the side of the road to talk or text. You are appreciated.

CommentMomma Mia | 4/2/2009 - 12:50 AM - (CommentSuggest Removal )
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