Few ticketed under texting law so far

DES MOINES - Texting while driving has been illegal in Iowa since last summer, but the law has proved to be both difficult and a bother to enforce.

In March 2010, the Legislature passed the law that bans texting while driving for most motorists and also made it illegal for the state's most inexperienced drivers to use their cellphones while driving.

The goal was to curtail accidents caused by distracted drivers, but lawmakers didn't want to move too fast. They gave motorists a grace period from July 2010 to July 2011 when violations of the law would result only in a warning, rather than a fine.

As an additional precaution against moving too quickly, lawmakers made texting while driving a secondary, as opposed to a primary, offense for drivers with full licenses. That means an officer can't pull a texting motorist over unless that motorist also is violating the law in some other way.

Taken together, the restrictions seem to have made some law enforcement agencies apathetic or unwilling to enforce the law. And that makes it difficult to determine if motorists have gotten the message.

Verbal warnings given to drivers generally aren't tracked and written warnings seem to be few and far between. Still, that could all change on July 1 when getting caught texting while driving earns a $30 ticket.

“What I have been hearing is since it's a warning only, is that we're not going to break our backs to enforce it,” said Bremer County Sheriff Dewey Hildebrandt, president of the Iowa State Sheriff's and Deputies Association. “Clearly, too, if it had been a primary enforcement action, it would be more likely to have an effect.”

His own department, Hildebrandt said, hasn't given any warning tickets for texting while driving.

"We don't track the verbal warnings, but I'm sure that there have been some of those,” he said.

Distracted driving

Hildebrandt's experience with the law isn't unique.

Black Hawk County Sheriff Tony Thompson said he couldn't find any warning tickets issued by his department. Linn County Sheriff Maj. Gerald Hansel said his department has given only verbal warnings, and the Cerro Gordo Sheriff's Department has issued one warning ticket since the law took effect.

Officials at the Scott County Sheriff's Department said they have issued four written warnings in the past year under all categories of the use of electronic devices law, which includes texting while driving as well as the violations for cellphone use by younger motorists.

Those laws are:

A prohibition against using an electronic device while driving by a motorist who is 16 to 18 years old and driving on a work or family permit. Fine: $50.

A prohibition against using an electronic device while driving by a motorist who is driving on an instructional permit. Fine: $50.

A prohibition against using an electronic device while driving by a motorist who is 14 to 18 years old and driving on a special minors' license. Fine: $50.

Unlike the texting while driving law, the three statutes aimed at inexperienced drivers are primary enforcement laws.

Active enforcement

The Iowa State Patrol seems to have had some of the most vigorous enforcement of the new traffic laws.

According to the department's records, state troopers have issued of 52 warning citations under the new statutes since Jan. 1, 2011. Twenty-three of those were issued for texting while driving, more than any other category.

According to the Iowa Department of Transportation, texting while driving is akin to a motorist getting behind the wheel after having four beers, and it makes a motorist 23 times more likely to crash.

The department joined with the Iowa Department of Public Safety last summer to create an education campaign about the new law. Jessica Lown, a spokeswoman for the Public Safety Department, said the campaign is continuing and may ramp up again as July 1 approaches.

Change suggested

Muscatine Police Department Deputy Chief Phil Sargent said the best thing that could happen to get more compliance with the law is to make it a primary enforcement.

“What happens is if you see someone texting while driving, you end up having to follow that vehicle until they do something else wrong,” he said. “That might not be the best use of an officer's time at that time.”

Hildebrandt said that would be helpful, but right now, it's not something the membership of the sheriff's and deputies association has made a priority.

“We all remember the statistics from the Department of Transportation about distracted driving and the news coverage of it,” he said. “I hope when we get closer to July 1 that we'll see more of that, to remind people that this is the law.”