The 88th General Assembly
has convened the 2012 fiscal session

Thursday, January 29, 2009

Bill prohibiting texting while driving on the House floor today -- UPDATE II

HB1013 has my support on its basic mission -- I do have some technical questions about the bill (see below). I think it's something that's hard to enforce, and I believe that it's probably already a violation of the reckless driving statute (Ark. Code Ann. § 27-50-308) to text while driving. Still, I believe it complements a theme of this legislature to put traumatic injury in the spotlight and should be explicitly prohibited. Here are my questions:
(1) I've read the bill as amended (it's been amended twice) and can't find a penalty. Like any other violation of the Transportation Code (speeding, running a stop light, etc.), it should have penalties, and they should be similar to the reckless driving statute referenced above or careless driving (Ark. Code Ann. § 27-51-104). It could be referenced somewhere else in subchapter 14 where it is being codified (and not in the bill), so I'll pull the code before voting in case I can answer my own question; and

(2) The language on p. 3, line 7 seems misplaced and disjointed (emphasis mine):
(a) Except as otherwise provided in this section, the driver of a motor vehicle shall not use a handheld wireless telephone for wireless interactive communication while operating a motor vehicle.

hone for wireless interactive communication in emergencies.
Update: The penalty is an unclassified misdemeanor with a maximum fine of a hundred bucks. The language I raised in part two looks to be resolved in the official version of the amended bill.

Update II: The bill passed by a vote of 78 for, 12 against, and 1 voting present. Rep. Mark Martin spoke against the bill on the basis that it is a primary offense, meaning that drivers can be specifically pulled over for texting while driving.