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40 States Now Ban Texting While Driving

Hawaii Becomes 40th State to Act Since 2007

WASHINGTON, D.C. — The Governors Highway Safety Association (GHSA) congratulates the State of Hawaii for becoming the 40th state to ban texting while driving. The new law, signed on Monday by Governor Neil Abercrombie, also prohibits hand-held cell phone use while driving. There are now 11 states with this provision.

GHSA Executive Director Barbara Harsha applauded Hawaii’s action. "Congratulations to the governor, legislature and Hawaii Department of Transportation for this important safety achievement. This action sends an important message to all Hawaii drivers: cell phone use and driving do not mix."

Harsha added, "It’s remarkable that 40 states have acted on the texting issue since 2007. While more work remains, states have quickly responded to the emerging problem of distracted driving."

Texting bans are pending in Florida and Texas. GHSA encourages every state to enact both texting and hand-held bans for all drivers.

Texas already bans the use of wireless devices by underage drivers, as do four other states. Texas, Mississippi and Oklahoma also ban texting by school bus drivers. Some 39 states and Washington D.C. have some form of texting while driving ban, according to the Insurance Institute for Highway Safety

The Texas House of Representatives recently passed a bill banning texting and driving. The bill was written by former House speaker Tom Craddick who years ago voted against Texas’ requirement for drivers wearing seat belts.  After a three hour debate the house settled with a vote of 98-47. Should the bill become law it would make Texas the 40th state in the US to pass legislation outlawing texting and driving.  However, Rick Perry announced publicly that he will veto the bill the first chance he gets.

If drivers are caught texting while driving, they could be charged with a $100 fine for the first offense and a $200 fine for the second offense. Although there will be a fine enforced, there are some exceptions drivers cannot be ticketed for when using electronic devices such as looking up a number, using GPS, or using a device in an emergency situation.

The bill also prohibits police from confiscating a driver’s phone, requires signs that will be posted along Texas interstates, and prohibit cities from making stricter ordinances. The bill also makes it illegal to read emails and text messages, which the bill’s authors advocate are just as dangerous as writing and sending text messages while driving.

The bill is named the Alex Brown Memorial Act in for a Lubbock teen that was killed in 2009 when she rolled her pickup while sending a text to her friends.  She is one of many fatalities in Texas over the last few years.

This bill is an addition to current Texas law banning texting and driving and cell phone use among drivers with learning permits and new drivers.  Texas, Mississippi, and Oklahoma also ban texting and cell phone use by school bus drivers and by all drivers in active school zones.

The Texas House or Representatives passed a similar bill the last time they were in session in 2011, but it was vetoed by Governor Rick Perry who said it was Texas drivers’ responsibility to make intelligent decisions while driving. He remains outspoken about his intentions for this bill as well, vowing that he will veto it and all other legislation the Texas legislature passes regarding cell phone bans for Texas drivers.

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