CHARLESTON - Three bills have been introduced in the 2012 session of the West Virginia Legislature addressing growing concerns about the use of cell phones and texting while driving a motor vehicle.
One bill was introduced in the State Senate, S.B. 79 which covers the use of cell phones and texting. House Bill 4075 is similar to the Senate bill while House Bill 4005 covers texting only.
Two delegates from Wood County, John Ellem and Anna Border, both R-Wood, are among the co-sponsors of the House bill that would ban texting only.
Ellem said HB 4005 has been forwarded to the House Judiciary Committee, where he is the minority chair. The bills got a push this year with support from Gov. Earl Ray Tomblin, he said.
"Gov. Tomblin is behind a ban on texting while driving, he mentioned it in the State of the State address and I was glad to hear that," he said. "There has been enough data to show texting while driving can cause serious accidents."
Ellem said this is not the first time a bill to ban the use of cell phones while driving or texting has been introduced in the legislature.
"It gets a lot of attention but never makes it through," he said. "I think it will have its best chance this year."
Ellem said a bill to only ban texting is more likely to make it through than one banning cell phone use as well.
"The reason for no cell phone ban is texting, according to the data, is more distracting than talking," he said. "We've separated the issue to get the more dangerous part taken care of."
Ellem said the bill can be amended to include cell phones, but a texting-only ban is more streamlined. He added a bill that would include cell phones would have to include a number or exceptions such as for law enforcement and for an individual reporting an accident or some other emergency.
According to the Insurance Institute for Highway Safety, talking on a hand-held cell phone while driving is banned in California, Connecticut, Delaware, Maryland, Nevada, New Jersey, New York, Oregon, Utah, Washington and the District of Columbia. Utah has named the offense careless driving. Under the Utah law, no one commits an offense when speaking on a cell phone unless they are also committing some other moving violation other than speeding.
The use of all cell phones by novice drivers is restricted in 30 states and the District of Columbia and the use of all cell phones while driving a school bus is prohibited in 19 states and the District of Columbia.
Text messaging is banned for all drivers in 35 states and the District of Columbia. In addition, novice drivers are banned from texting in Alabama, Mississippi, Missouri, New Mexico, Oklahoma, Texas and West Virginia and school bus drivers are banned from text messaging in Mississippi, Oklahoma, and Texas.
