The New Jersey Legislature is considering six pieces of distracted driving legislation in the 2012 session, and one of them moved a step closer to passage last week.
The bill, approved unanimously by the Assembly Appropriations Committee, states that the illegal use of a cell phone behind the wheel is considered reckless driving, which is a factor in finding a person guilty of vehicular homicide or assault. A.1074, which now heads to the full Assembly, would make it easier for prosecutors to obtain convictions for vehicular homicide or assault by auto against a person who illegally uses a cell phone while driving and, as a result, kills or injures someone.
“Hopefully these stiffer penalties will be a wake-up call to drivers who are willing to put their own life, as well as those of innocent other people, at risk.” said Quijano (D-Union), a bill sponsor. The identical S1616 and A1074 are tagged Kulesh, Kubert and Bolis’ Law, after New Jersey victims of distracted driving accidents.
Fines may soon double, from $100 to $200, for drivers caught talking or texting on their cellphones in New Jersey under a measure, S69, approved by the state Senate’s Law and Public Safety Committee. A second offense carries a $400 fine, and the third a $600 fine. Violators also could have their driver’s license suspended for 90 days for the third and subsequent violations as well as receive three points on their license.
S69/S2181 sponsor Sen. Richard Codey pushed for action on his bill in both houses by citing the National Transportation Safety Board’s call for a total U.S. ban on cell phone use while driving.
“In light of the NTSB’s recent announcement, it would only make sense that we move to get this legislation passed and signed into law,” Codey said.
New Jersey is among nine states and the District of Columbia that ban handheld cell phone use for all drivers, and is one of 35 states that bans texting for all drivers, along with D.C. The Garden State further prohibits all cell phone use — including hands-free use — for school bus drivers and those with a learner’s permit or intermediate license. Nineteen states and D.C. have similar restrictions for school bus drivers, and 30 states and D.C. have similar restrictions for teen drivers.
Meanwhile, individual school districts may prohibit school bus drivers from talking on cell phones while behind the wheel. A newly implemented Pennsylvania law banning texting behind the wheel levies fines of $50 for each infraction. The Pennsylvania School Bus Driver Manual states that bus drivers have cell phones or other communication devices on the bus to use in emergencies.
In Alabama, which passed legislation in May that bans texting while driving, fines are $25 for the first offense, then double and triple for subsequent offenses. There, adult drivers are allowed to use handheld cell phones in the state, but teens are not. Yet, in Florida a bill designed to combat distracted driving died in the House despite gaining support in the Senate.
