Two-way radios exempted by lawmakers as cell/text ban signed

In the closing days of the 2010 legislative session, Delaware lawmakers took quick action to exempt some mobile two-way radios from a pending law that would have barred their use by motorists.

Legislation signed into law by Gov. Jack Markell on July 6 (HS 1 for HB 229) prohibits Delaware drivers from using hand-held cell phones or other electronic devices to hold conversations, send text-messages or access the Internet. The legislation also outlaws the use of two-way radios in moving vehicles.

A bill (HB 494 w/ HA1) sponsored by State Rep. Ruth Briggs King (R-Georgetown) carves out an exemption from the radio ban for “FCC-licensed amateur radio operators.”

“I tried to amend the original bill to address this, but it failed on a vote of 19 to 20,” King said. “I know these men and women perform a really important public service – especially in times of crisis, such as the severe storms we had this past winter. The second time around, more legislators had a better handle on this issue and the measure passed. I was really glad to get this done.”

State House Majority Leader Pete Schwartzkopf (D-Rehoboth Beach) successfully sponsored a complimentary measure (HB 493) to exempt two-way radios used by delivery and service trucks, as well as those utilized by state workers.

Schwartzkopf said that, while police and first responders were excluded from the original ban, he was embarrassed to admit that he forgot transportation workers and others still use the dated, but proven, technology.

The owners and operators of Citizens’ Band (CB) radios, however, are out of luck. After the ban on mobile devices takes effect in early 2011, drivers using CBs, hand-held cell phones and personal digital assistants (PDAs) will face penalties. First-time offenders will be hit with a $50 fine, while repeat violators will face a penalty of between $100 and $200.

Delaware will be breaking new ground when the law is implemented. No other state in the country prohibits motorists from using CB radios installed in their vehicles.

On the issue of hand-held cell phones, the First State will actually be the seventh state to enforce the prohibition on motorists. It’s already illegal for drivers to use the devices in California, Connecticut, New Jersey, New York and Oregon, and in Washington, D.C., as it is in the Delaware municipalities of Wilmington and Elsmere. Maryland’s hand-free cell phone law will go into effect on Oct. 1.

Additionally, 25 states have enacted laws prohibiting texting while driving.

Supporters of the Delaware law point to the increased distraction caused by cell phone use and the hazard impaired drivers posed to their fellow motorists and pedestrians.

Last year, the National Safety Council (NSC) called for motorists to stop using cell phones and messaging devices while driving. Additionally, the NSC urged governors and legislators in all 50 states to enact laws banning it. Janet Froetscher, president and CEO of the NSC, noted that some studies show talking on a cell phone puts drivers at a four times greater risk of a crash.

Gov. Jack Markell signed all three bills into law at a ceremony July 6 at the AAA Mid-Atlantic headquarters in Wilmington.

“This new law is about improving safety for everyone who shares the road. We hope we can reduce the number of drivers who text and e-mail while driving, and therefore, reduce the number of distraction-related crashes. Just as we’re keeping our focus as a state on creating more jobs, we want drivers keeping their focus on the road,” Markell said.

“Texting and using a hand-held cell phone while driving are a threat to public safety, and the 2010 AAA Mid-Atlantic poll found that 95 percent of Delaware drivers agree,” said Ronald W. Kosh, vice president of Public and Government Affairs for AAA Mid-Atlantic.

“Thanks to the passage and signing of House Substitute 1 for House Bill 229, which bans these practices, Delaware’s highways will become a whole lot safer for the motoring public. AAA Mid-Atlantic salutes both the Delaware General Assembly and Gov. Markell for this far-sighted action.”

Violators would not accumulate any points on their licenses. Drivers would be permitted to punch in the phone number or activate the hands-free device, but then cannot have the phone in their hands.

The bill also allows drivers to use a hand-held cell phone to report an accident, fire, reckless driver or another emergency.

“We believe that the motoring public, with the help of this legislation, is ready to make a commitment to focus on the important task of driving so that their inattention doesn’t lead to avoidable tragedies,” noted Kosh.

Sen. Karen E. Peterson (D-Stanton), who was the primary Senate sponsor of the bill, acknowledged that it was controversial.

“Some people objected to it, saying: ‘Well, people do lots things in the car that are distracting. They listen to the radio; they talk to passengers; they eat. But I’ve never almost been run over by someone eating a Big Mac, but I have been almost hit a dozen times in the past year by someone talking on a cell phone.”

The new laws go into effect 180 days from signature – on Jan. 2, 2011.

Delaware’s cell phone law facts

• The cell phone/texting bills were signed into law July 6, 2010. Their effective date is 180 days from the date of bill signing (Jan. 2, 2011) to provide for public awareness efforts.

• This law will fall under Title 21, Section 4176. It will be Section 4176C.

• The law bans texting while driving, as well as banning the use of hand held cell phones – meaning a hands-free device would be required to talk on a cell phone while driving. (However, drivers will be allowed to pick up the phone to dial a phone number or to activate or deactivate their wireless equipment. Then they must put the phone down.)

• It also bans the use of pagers, PDA’s, blackberry’s etc., laptops, games or portable computers, and two-way communication devices while driving.

• Drivers cannot read, write or send messages while driving, or browse wirelessly.

• A violation of the law is a primary offense, meaning the violator can be cited for the offense without any other offense being witnessed, and it carries a civil penalty. No points are assessed.

• The fine for the first offense is $50, and subsequent penalties are for between $100 and $200 dollars.

• Exemptions:

• Law enforcement, firefighter, EMS technician or other operator of authorized emergency vehicles in the performance of their official duties;

• Anyone reporting an emergency;

• A person driving or operating a farm tractor, non-registered farm truck or farm equipment;

• HAM radio operators;

• Business or government employees who use a two-way radio mounted or attached to a motor vehicle to communicate with a central dispatch or base of operation, or with other employees (i.e.: taxi companies, utility companies and DelDOT).

• Delaware becomes the 30th state in the nation to ban texting while driving yet only the eighth to also ban the use of hand-held cell phones while driving. No state completely bans the use of cell phones while driving.

• As of July 6, in 2010, 94 crashes involved the use of a cell phone and another 17 involved texting as the distraction.