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NEWS BRIEFS
Legislators split on cellphone ban
CHARLESTON -- Gov. Earl Ray Tomblin is open to the Legislature strengthening a bill that would ban cellphone use, including sending text messages, while driving.
After several years of failed attempts, lawmakers say they are likely to pass legislation on the issue this session because of mounting research that shows drivers have slower response times and are more likely to be involved in an accident when texting. Tomblin's decision to make it part of his legislative agenda also adds muscle to the effort, they say.
The focus in the debate now is whether texting should be made a primary offense, which would allow an officer to issue a traffic citation without any other infraction occurring first. Tomblin's bill would make the use of cellphones and other hand-held mobile devices behind the wheel a secondary offense, meaning officers couldn't cite drivers for breaking the law unless they committed another offense. The proposal includes sending text messages or emails and using the Internet. Emergency calls to 911 and GPS devices are exempt under the bill.
The House Roads and Transportation Committee postponed action on Tomblin's bill (HB 4091) last week after some committee members said classifying cellphone use and texting while driving as a secondary offense does not go far enough. The committee is expected to discuss the bill again Wednesday, Jan. 25.
"The governor is not opposed to making texting a primary offense," Kimberly Osborne, Tomblin's press secretary, said Tuesday. "The goal of the legislation is to make our roadways safer. Whether texting is a secondary or primary offense, we believe the legislation will deter distracted driving."
Local delegates have mixed views on the ban. Delegate Kevin Craig, D-Cabell, favors keeping the secondary offense language in the bill as Tomblin proposed.
"There's no question that texting while driving is a serious issue," Craig said. "But making it a primary offense would be difficult. I'd rather take a positive first step and make it a secondary offense rather than run the risk of going another session without anything."
Delegate Kelli Sobonra, R-Cabell, knows the dangers of texting behind the wheel all too well. She said she was nearly run off the road by three different drivers, all of whom were texting, while driving to Columbus last year. However, she has concerns that the current proposal is singling out just one activity that causes distracted driving.
"What about someone eating a cheeseburger or putting on makeup or playing with their iPod?" Sobonya said. "I'm not totally opposed to the bill, but I think we're focusing on one thing when we should be taking a comprehensive look at distracted driving.
"It's just unfortunate that the government has to tell people to use common sense."
Delegate Doug Reynolds, D-Cabell, said he would prefer to see a secondary offense for cellphone use while operating a vehicle and a primary offense for texting.
"I believe actions that pose a danger to other drivers should be a primary offense," Reynolds said. "There's a heightened awareness about the dangers of texting, but there is a lot of conflicting research about talking on a phone in a car and the danger it has. So let's see what kind of effect a secondary offense would have on cellphone use and look at the results a year from now."
Reynolds' sentiment is echoed by Sen. Evan Jenkins, D-Cabell, who said he will push for texting while driving to be treated as a primary offense if and when the Senate deals with the legislation.
"If the best the Legislature can do this year is making texting a secondary offense, it's a step in the right direction," Jenkins said. "But I support the more aggressive approach."
As for cellphone use behind the wheel, Jenkins said he hasn't seen a willingness among legislators to mandate that drivers use hands-free devices.
West Virginia would join 35 states that already have laws that ban texting while driving, according to the Governors Highway Safety Association. Of those states, 32 treat it as a primary offense.
Only nine states prohibit drivers from using handheld cellphones, but eight of them have made it a primary offense. Those states still allow cellphone use with a hands-free device, according to the GHSA.
