FRANKFORT - Senator Denise Harper Angel, D-Louisville, has prefiled legislation to ban texting while driving.
“Communicating through electronic devices has become important in our daily lives, but drivers need to understand the dangers of texting while driving,” said Senator Harper Angel. “Statistics indicate that a person texting while driving is 23 times more likely to be involved in an automobile accident.”
Senator Harper Angel’s proposed legislation (BR 283) bans any person operating a motor vehicle from writing, sending, or reading text-based communications using a personal communication device. This includes text messages, e-mail and instant messaging.
Exclusions to the bill would be the use of a GPS feature of a personal communication device; the operator of an emergency or public safety vehicle while acting in an official capacity, and the operator of a motor vehicle who sends a text message to summons for medical or law enforcement help.
If the bill gains approval, any person who violates the law prior to Nov. 1, 2010 will receive a courtesy warning. After Nov. 1, 2010, a person who violates the law will be fined $100 for the first offense and between $100 and $300 for each subsequent offense. Any person who as a result of violating this law causes a motor vehicle accident shall be fined between $200 and $600, in addition to any other penalties provided by law. All fines imposed by this bill are subject to court cost.
“There is no group more likely to text while driving than teens and there is no group more vulnerable to that practice,” said Dr. Terry I. Brooks, Executive Director of Kentucky Youth Advocates. “We know that thoughtful policies, like the graduated drivers license (House Bill 90, 2006 Regular Session) recently passed by the legislature, pay immediate and major dividends for teen safety. This proposal has the very real potential to save Kentucky teenagers’ lives.”
A 2009 Vlingo survey shows that almost 60 percent of people ages 16 to 19 and 49 percent of those in their twenties admit to texting while driving. Among people in their fifties, 13 percent said they have sent text messages while behind the wheel. Also, a study by the Transport Research Laboratory in the U.K. found that those who are texting and driving reduced their steering ability by 91 percent.
“These numbers are alarming and, sadly, the numbers continue to grow,” Senator Harper Angel said. “We need to attack this issue now and be one of the states to serve as a model for the nation.”
If passed, Kentucky would join 19 other states and the District of Columbia that ban texting while driving. In addition, novice drivers are banned from texting in nine states and school bus drivers are banned from text messaging in Texas.
Senator Harper Angel said that she will encourage her colleagues in both the Senate and House to support this legislation.
Senator Harper Angel’s bill will be considered during the 2010 Session that begins Jan. 5, 2010.
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