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Thursday, June 02, 2011

Ind. Law - "Enforcement Of Indiana Texting Ban Questionable: Law Becomes Effective July 1"

Really, a look at the digest of HEA 1129 gives a clue ...

DIGEST OF HB 1129 (Updated April 29, 2011 11:57 am - DI 96)

Use of telecommunications device while driving. Provides that it is a Class C infraction if a person uses a telecommunications device to type, transmit, or read a text message or an electronic mail message while operating a moving motor vehicle, but permits a person: (1) to use hands free or voice operated technology to transmit a text message or an electronic mail message; and (2) to call 911 to report an emergency; while operating a moving motor vehicle. Provides, for purposes of the prohibition against using a telecommunications device while operating a motor vehicle, that "telecommunications device" does not include: (1) amateur radio equipment operated by a person licensed by the Federal Communications Commission as an amateur radio operator; or (2) a communications system installed in a commercial motor vehicle weighing more than 10,000 pounds. Prohibits a police officer from confiscating a telecommunications device for the purpose of determining compliance or confiscating a telecommunications device and retaining it as evidence pending trial for a violation. Repeals the current definition of "telecommunications device".

6News' Jack Rinehart had this story (see also the video) yesterday:
INDIANAPOLIS -- A new Indiana law aimed at banning texting and emailing while driving goes into effect on July 1, but enforcement of that law could prove tricky.

Typing, transmitting or reading text messages or email while driving will be punishable by up to a $500 fine, but how officers will track that offense is murky, 6News' Jack Rinehart reported.

"I don't know how they really know you're texting, but all they have to have is reasonable suspicion that you're texting to pull someone over," said Joel Schumm, professor at the Indiana University School of Law-Indianapolis.

Smartphones have a lot of capabilities, and the available applications are growing at a rapid pace. Because the law explicitly targets texting and emailing, a lot of other potentially distracting applications involving phones aren't regulated.

"You see someone driving along looking at their phone. Is that reasonable suspicion that they're texting while driving?" said Joel Schumm, professor at the Indiana University School of Law-Indianapolis. "Do you write them a ticket for that? What happens when you go to traffic court and you say, 'I was looking at my GPS,' and they say, 'You were looking down. I think you were texting.'"

Aside from cellphones, there are numerous other distractions while driving that aren't regulated, such as adjusting a stereo or eating, that can have the same effect as texting or emailing while driving.

"What's the difference if I'm eating Taco Bell or something, or some woman's putting on her makeup?" Schumm said.

Ryan Klitzsch, director of the traffic safety division of the Indiana Criminal Justice Institute, said last month that he hopes the ban will eliminate one of the top driving distractions.

"What we're hoping to see is a reduction here of crashes and collisions because, really, the bad thing about texting and driving, is that it impairs your visual cognitive and your coordination when driving," he said.

Drivers will still be allowed to use hands-free or voice-operated devices for texts or emails.

See also this ILB entry from Aug. 2, 2010, headed "Enforcement lax for Indiana's ban on teen texting while driving"."

Posted by Marcia Oddi on June 2, 2011 09:19 AM
Posted to Indiana Law