Put Down That Cell Phone! Distracted Driving Bill Goes Into Effect July 1 In Indiana
Put Down That Cell Phone! Distracted Driving Bill Goes Into Effect July 1 In Indiana
Posted
Amanda Bridgman-abridgman@timesuniononline.com
Put Down That Cell Phone! Distracted Driving Bill Goes Into Effect July 1 In Indiana Come July 1, holding a cell phone while driving in Indiana will be against the law.
Gov. Eric Holcomb signed into law a distracted driving bill on March 18, prohibiting using or holding a phone while driving, which goes into effect July 1.
Indiana has had a texting ban since July 1, 2011, which prohibits motorists from using a phone to type, transmit or read a text message or email while operating a vehicle, unless they are using hands-free or voice-operated technology or contacting 911 for an emergency. But police had found that hard to enforce, and Holcomb made distracted driving a priority when he gave his State of the State address in January.
The new law means motorists will have to put down their phone completely while driving, but conversations can still be had as long as it’s the phone is in a cradle or the conversation is being had through Bluetooth.
Drivers who are ticketed for this after July 1 but before July 1, 2021, will not receive points on their license. However, it is punishable by a $500 fine.
“I do think this is a good law for our state. I often see people with cell phones in their hands,” Warsaw Police Department Public Information Officer Det. Brad Kellar said. “The current enforcement is difficult, as I would have to prove that the driver was either texting or emailing at the time it was in their hand. In doing so, I can’t take the phone to confirm it. Therefore, this infraction does not get enforced much.”
The existing texting ban law states that a police officer cannot confiscate a phone to determine compliance with the law or download information from it unless there is a probable cause to believe it was used in a crime or the officer has a search warrant. A ticket for violating the current law carries a $500 fine.
Kellar, who has been in law enforcement for more than 20 years, said he has personally only issued one citation for the texting law.
“This was from the motorcycle, which we no longer have, which made it easy to see the driver next to me actually engaged in texting. That was such a great enforcement tool that we no longer get to use,” Kellar said. “While he did so, he ran a red light on Detroit Street and almost sideswiped me at the same time. As a detective, I drive all over the city and see cell phones in drivers’ hands often. This new law will definitely make a difference in that.”
According to the Indiana Criminal Justice Institute, every year since 2015 there were over 1,200 collisions on Indiana roads where a cell phone or other electronic device was a factor, which results in 40 total fatalities.
Indiana State Police Public Information Officer Sgt. Ted Bohner, who’s been in law enforcement for 13 years, said distracted driving affects us all and that nothing will completely get rid of distracted driving.
“Holding the phone is what is called manual distraction, because we’re actually holding it,” Bohner said, adding that paying attention to the conversation is a cognitive distraction. “But it’s at least taking one of those pieces out of the equation by taking away the manual distraction, so hopefully people manually are focusing more on driving the car.”
Bohner acknowledged it will be difficult for drivers to adjust to the new law.
“It’s not just changing what we do based on law, it’s going to be changing habits,” he said. “You know, our phones are a habit, and you can make an argument whether it’s a good or bad habit, but it’s going to be changing that. From our standpoint at ISP, a big part of this is going to be education.”
Bohner said he started putting out social media posts in late April about the law, and even decided to stop holding his phone while driving now to get used to the July 1 deadline.
“I have to admit, I’m an old school person. I’m just so used to holding the phone while I?talk, but in preparation for this, I?wanted to practice what I tweet,” Bohner said. “Even after July 1 it’s not about writing tickets and all of that, it’s about hopefully reducing crashes, having people reduce their distractions when they’re driving. The education isn’t going to stop July 1 and all of a sudden we’re just cracking down on people. Even when we stop people, it’s going to be about education.”
Kosciusko County Prosecuting Attorney Dan Hampton said both the Indiana Senate and House passed the bill by a large majority, with only 12 out of the 142 elected lawmakers voting against it.
Hampton said Indiana joins 21 other states that have similar laws and agrees that education to the public is key.
“When you look down to send or read a text while driving, you take your eyes off the road for an average of almost five seconds,” Hampton said. “A person driving at 55 miles per hour travels the length of a football field in five seconds.”
Bohner thinks some Hoosiers will not want to put their phones down.
“There will be some who hold out because people will feel they have a right to hold their phone,” Bohner said. “Just like when seat belts became a primary offense. Some people didn’t want to buckle up just because they didn’t want to buckle up. But now, Indiana has a 93% rate of people who buckle up, so hopefully we can get people on board with using hands-free.”
A primary enforcement law means an officer can ticket a motorist for using a cell phone even if they haven’t violated any other traffic laws.
According to the National Highway Traffic Safety Administration’s 2015 national survey on distracted driving attitudes and behaviors, 42% of respondents said they answer their cell phones while driving at least some of the time, and 56% of them continue to talk on the phone while driving. About 9% of respondents reported sometimes sending texts or emails while driving, and 12% admitted to reading them while behind the wheel.
Illinois enacted a similar distracted driving law July 1, 2019, and according to Illinois State Police, distracted driving decreased 23% from 2018 to 2019.
Hampton, who serves on the board of directors for the Indiana Prosecuting Attorneys Council, cited Holcomb’s State of the State address where Holcomb said “distracted driving increases the risk of a crash by more than three and a half times and is a leading killer of teenagers in America. This is unacceptable and avoidable.”
“Our local law enforcement officers encounter distracted drivers on the road on a daily basis,” Hampton said. “This update and improvement in the law provides clarity for drivers and law enforcement officers as to what manner of cell phone or device usage is authorized while driving.”
