Police could soon be able to pull you over for holding a cell phone.
Unlike other states’ laws against text messaging or talking on the phone while driving, Washington’s 2007 law makes that sort of distracted driving a secondary offense. That means troopers and police can ticket drivers for it only if they stop them for another violation, such as speeding.
The state Senate voted Friday to make handheld phone use a primary offense, and to ban talking on the phone altogether for novice drivers on a temporary permit or license.
Sen. Tracey Eide says she sees it all the time on her commute: a chatty driver, elbow perched on the car door, phone in hand. “They’re not looking left, they’re not looking right, they don’t use their signal,” Eide said.
“Technology right now is so advanced, there’s no reason why you can’t get a hands-free device,” the Federal Way Democrat said.
Eide sponsored the 2007 ban after years of pushing the issue to no avail. Her latest effort has been easier, she said, now that a nationwide consensus is developing.
“It’s been proven driving while distracted is on a par with driving under the influence of alcohol,” State Patrol Sgt. Freddy Williams said.
Legislators around the country have gotten the message. Nineteen states ban texting while driving and six ban cell phone use altogether, according to the National Conference of State Legislatures.
The Senate voted 33-15 to toughen the law, and Eide hopes the House will follow suit.
Republican deputy leader Cheryl Pflug suggested it’s an attempt to drive up revenue from fines.
“I just have to ask whether the most important thing for law enforcement to do right now is to be out looking to see if people are using their cell phones incorrectly,” Pflug said.
A ticket will not become part of a driver’s record, and dialing a phone is not considered text messaging. The measure exempts transit and emergency vehicle personnel, as well as anyone who is text messaging or calling and not using a headset to report illegal activity or summon emergency help. People who are using a hearing aid or operating a tow truck are also exempt.
Violators of the ban can be fined $124. That would not change under Eide’s proposal.
The Washington State Patrol ticketed 236 drivers for texting last year, twice as many as in 2008, Williams said.
Troopers also ticketed more people for talking on the phone while driving: 1,607 citations, up from 824 in 2008.
Jordan Schrader: 360-786-1826
jordan.schrader@thenewstribune.com
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