No Texting While Driving!

Capitol Strategies Group will be working hard to ban texting while driving this year, as we have recently been retained by the National Safety Council.

Two bills in the House and one in the Senate have already been proposed on this issue.

House File 2020, proposed by Representative Adul-Samad and Representative Hanson, goes a little further than just texting, and prohibits a person from using a cell phone in any manner while driving. This new section of code will go in § 321.363A. Exceptions are provided for emergencies and if you’re at a complete stop off to the side of the road. Caught violating the new law will cost you $30 as a simple misdemeanor.

House File 2021, proposed by Representative Tjepkes, amends the “Reckless Driving” section 321.277 of the code to classify text messaging while driving as reckless driving. Specifically it says “[a] person shall not use a wireless handset to write, read, or send a text message while operating a motor vehicle.” While also a simple misdemeanor as in HF 2020, this code section provides for punishment by “confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.”

Senate File 2032, proposed by Senator Joe Bolkom, prohibits sending or reading text messages while driving much like HF 2021, but adds a new section to the code at 321.276. Similar to the other bills, it is a simple misdemeanor, but has a fine of $100 as a scheduled violation.

The obvious question that comes to mind is whether “text messaging” includes emails. Currently, all three bills define text messaging as “a text-based communication transmitted using the short message service (SMS), a wireless telephone service, or an electronic communication network.” Emails could easily fit that definition.

CSG and the National Safety Council will try to get some combination of these bills passed this year. Which version do you prefer?

In the meantime, no one at CSG will be texting while driving – the data on accidents caused by cell phone use is undeniably staggering. More on that to come.