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Everything you need to know on new texting law

Jun. 27, 2010 3:41 pm
Many teenage drivers in Iowa will be going cold turkey when a state law that kicks in July 1 prohibits them from using their cell phones or other electronic devices while operating a motor vehicle.
The law aimed at combating distracted driving also bans all vehicle operators - with a few exceptions - from texting while driving, but sets a yearlong moratorium on law officers issuing fines for the phone-related offenses.
Ron Bandy, a North Liberty driver's education instructor who has taught more than 3,000 high-school students over the past eight years, said young people are apprehensive about the change and feel they are being treated unfairly with a tougher restriction.
He thinks the cell-phone and texting restrictions are a worthwhile attempt at making Iowa roads safer.
'A good majority are pretty much addicted to those cell phones,' Bandy said.
'It will be extremely hard.
It's going to be like trying to overcome a drug addiction.' Describing texting as the worst of a number of driving distractions, Iowa lawmakers last session voted to prohibit most drivers from writing, sending or reading text or electronic mail messages while operating a motor vehicle.
The legislation provides exceptions for drivers engaged in public safety duties, health-care professionals involved in emergency situations, truck drivers with digital dispatch systems and drivers receiving safety-related information, such as emergency, traffic or weather alerts.
The texting ban does not apply to global positioning or navigation systems, hands-free instruments, or to iPods and other devices operated through controls permanently installed on a vehicle. Also, phones may not be confiscated from drivers cited for violating any of the prohibited activities.
The law also bars teenagers operating vehicles under restricted or intermediate licenses, as well as instructional or school permits, from using cell phones or electronic devices while driving.
'I think the law is for the better. It will stop a lot of accidents, although I feel people will still break it, and the cops might not stop it right away since they aren't used to it, either,' said Patrick Dorman, 19, of Iowa City. 'It will make a difference, just not a ton.' Bandy said he recommends that drivers turn off their phones or put them on vibrate while driving and place them in the glove compartment, console or somewhere out of reach so they can concentrate on driving.
Experts also advise drivers to pull off roadways and park in a safe area if they need to speak on the phone or send a text message.
Rod Van Wyk, president of Drive Tek in Des Moines and a former Ankeny police officer, said he applauds the Legislature's effort to address a major traffic safety concern, but he believes the changes will be difficult to enforce. He expects there will be young drivers who will insist on using their phones or texting, and it likely will require the vigilance of parents to help curb the activity.
'Cultural things are difficult to change. I'm not saying it's impossible,' said Van Wyk, who noted that seat-belt usage has steadily improved to better than 92 percent compliance. 'With kids at 14 to 16 years of age, (they think) they're never going to die - they're immortal, they're invincible and they're infertile. So it's hard to convince them. It may be good for somebody else, but it's not necessarily good for them. That's just the way kids are.' Currently, eight states have outright bans on hand-held cell phone use in vehicles, while textmessaging is banned for all drivers in 28 states and the District of Columbia, according to the Insurance Institute for Highway Safety. The use of cell phones by novice drivers is restricted in 27 states and the District of Columbia, while nine states ban texting by novice drivers.
Also, bus drivers are prohibited from using cell phones in 19 states and the District of Columbia and are banned from text messaging in two states.
Brian Lynch, program coordinator with Streetsmarts driving instruction in Cedar Rapids, said Iowa has been slow to address the issue of distracted driving and the Legislature did not go far enough.
'I think it's absurd to expect one population not to have it. I think as adults we have to be examples for kids, and the only way we can be examples is if we actually toe the line and toe the law,' said Lynch, who has been teaching driving skills for 15 years. 'Unless we have some serious fines and legal consequences for talking on a cell phone or texting and that kind of stuff for all citizens, the message won't be sent. It has to be for everybody, the justice for all kind of thing,' he added.
Rep. Curt Hanson, D-Fairfield, a retired driver's education instructor and key architect of the law, said the compromise legislation was the art of the possible. He is hopeful that advances in handsfree technology will address driving distractions in the future.
While the law takes effect July 1, there will be a one-year educational period in which violators will be cited with a warning ticket.
Officers cannot use a suspected texting violation as a primary reason to make a traffic stop for adults. A violation can be cited as a secondary offense if a driver were pulled over for another suspected offense.
In the case of young drivers, law officers can cite the new law as a primary reason for making a stop, although critics note it will be difficult for police to determine a driver's age by sight or whether he or she is operating under a restricted license.
Col. Patrick Hoye, chief of the Iowa State Patrol, said the changes may pose a new challenge to law officers, but he is confident the texting provisions can be effectively enforced.
Rep. Nick Wagner, R-Marion, who opposed the legislation, said there's no question people should avoid distractions while they drive, but he's unconvinced that laws banning certain activities work. He said people need to take personal responsibility for their actions behind the wheel.