Va. Senate panel advances texting-while-driving law

Posted to: News Politics Virginia
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By Julian Walker
The Virginian-Pilot
© February 7, 2012

RICHMOND

Legislation to allow police to stop motorists for texting or e-mailing has been sent back to the Senate floor after a key panel endorsed it today.

The bill from Sen. George Barker, D-Fairfax County, would make such messaging a primary offense, meaning authorities could stop and cite drivers for that reason alone.

Virginia law was modified three years ago to prohibit texting while driving, though it was made a secondary offense, meaning a motorist first had to be pulled over for another violation.

Citations carry a $20 fine for an initial infraction and $50 fines for subsequent violations.

Barker told the committee texting while driving is an "extremely dangerous activity" that creates a crash risk 23 times greater than normal rates.

That figure comes from a 2009 U.S. Department of Transportation study which also concluded that sending or receiving a text "takes a driver's eyes from the road for an average of 4.6 seconds."

The study conducted by the Virginia Tech Transportation Institute found a vehicle traveling at 55 mph covers the length of a football field in that time.

While none on the committee disputed the dangers of distracted driving, some said Barker's bill could have unintended consequences.

Sen. Bill Stanley, R-Franklin County, asked how police would distinguish between drivers making phone calls and those typing messages. And he wondered if a police officer would be able to seize a person's phone to prove texting occurred.

Barker said authorities would use their discretion when making such stops.

Sen. Richard Stuart, R-Stafford County, questioned whether a texting charge would prevent authorities from citing motorists for other, more serious driving charges.

After clearing the Transportation Committee last month, Barker's bill, SB 219, was sent from the Senate floor to the Courts of Justice Committee for additional review.

Similar legislation has previously cleared the Senate only to stall in the House of Delegates.

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Enforce passing lane

Submitted by RHELPAW on Tue, 02/07/2012 at 12:07 am.

Here's an idea: I've seen more and more drivers using the passing lane as the cell phone use lane. Maybe the VSP can ticket a driver for impeding the flow of traffic and then add the secondary offense of texting and driving.

Confiscate the phone

Submitted by montekat on Mon, 02/06/2012 at 6:59 pm.

Virginia ABC officials will confiscate liquor illegally transported against state lines. People texting should lose their phones, pay a hefty fine (at least $250), and have their licenses suspended for a month. Second offense should have even stiffer penalties.

PENALTIES SHOULD BE

Submitted by WBC040 on Mon, 02/06/2012 at 5:34 pm.

Equivalent to DUI's along with notifying their insurance company so that their rates can be hiked. Causing a fatal accident while texting and driving is the same as premeditated murder, plain and simple. You cannot drive and text and be safe at the same time, no way no how.

TEXT AWAY

Submitted by PUCKEATR on Mon, 02/06/2012 at 5:02 pm.

Your child is seven times more likely to die while texting then any other thing Democrats would PREFER them doing. Republicans don’t like Democrats, so Republicans want your kids to die while texting. So Vote Republican if your tired of your kids.

CARPE SMARTPHONES

Submitted by P-Towne Guy on Mon, 02/06/2012 at 4:17 pm.

A splendid idea! Seize the "instrument" used to commit the crime. Keep it as evidence of texting while driving. Return it after the fine is paid. Many of the chronic texters live their entire lives (almost) in the land of electronica. Taking the phone away for a week or two would be worse punishment than the fine. I'm afraid, however, that the passage of this proposed law would cause chronic texters to be much more furtive than they are now, leading to more erratic and dangerous driving. The Law of Unintended Consequences....

Nees more...

Submitted by Backdot on Mon, 02/06/2012 at 2:56 pm.

The low fine is not enough, there needs to be more. Nothing short of reckless driving should be charged...

up the fine and

Submitted by jfr on Mon, 02/06/2012 at 2:41 pm.

PASS it! Add cell phone use while driving also...that's DANGEROUS too!!

Texters get into their own little world while driving

Submitted by HRPhotographer on Mon, 02/06/2012 at 1:16 pm.

I love when people are in from of me texting while driving, I get stuck behind them going under the speed limit. I guess we must look at it this way,that we are lucky that they didn't hit us from behind. What is so important that you must drive below the speed limit,to do the thumb type,while holding everyone else up. We all seen these people,they're the ones that are doing the head bob,they look down,they look up,they look down,they look up. What is so important that you must slow everyone down in traffic? 99% of the phone texters don't even know how rude, how silly or how dangerous they could be on the road. Put your texting life on hold until you get to work or home.