Stricter ban on texting while driving gains support in Iowa Senate
Legislation to toughen Iowa's ban on texting while driving advanced in the Iowa Senate Wednesday, but some traffic safety advocates said a broader measure is necessary that also would permit use of only hands-free devices for motorists talking on the phone.
Under current Iowa law, texting is prohibited by drivers, but the Iowa State Patrol wrote fewer than 200 citations for the offense last year. The reason? Motorists can be ticketed for texting while driving only if they commit another offense, such as speeding or running a red light.
The proposed legislation would make texting while driving a primary offense, which would allow law officers to issue a citation if they simply observe a driver texting behind the wheel, even if there is no other violation. Senate Study Bill 1002 was approved on a 3-0 subcommittee vote, sending the proposal to the full Senate Transportation Committee.
"We support the bill. We think it is a good first step," Matt Hinch, a lobbyist for State Farm Insurance, told legislators. His company was joined in endorsing the legislation by a host of groups representing the insurance industry, law enforcement, emergency medical services, bicyclists, a wireless phone provider, and others.
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But several lobbyists urged lawmakers to push for a broader bill that would prohibit the use of smartphones or other hand-held electronic devices while driving unless they were used in a hands-free or voice-activated mode. That would include, but would not be limited to, texting, email, social media and talking on the device. The penalty would be a fine and a moving violation. This broader legislation is supported by the Iowa Department of Public Safety and by Gov. Terry Branstad, who discussed a need to address traffic safety problems in his annual Condition of the State address last week.
"This is a top priority," said Susan Cameron, a lobbyist for the Iowa State Sheriffs' and Deputies' Association. She added that law officers favor allowing only hands-free devices because it will still be difficult to write citations if drivers are observed holding cell phones. Motorists could claim they were using a navigational device or doing something else legally in an effort to avoid being ticketed, she said.
Under current law, it is legal for drivers to manipulate their phones to search for contacts, select music, type in addresses and even play games, officials said.
Safety advocates said there is no question a tougher stance on distracted driving is needed after seeing Iowa traffic deaths skyrocket from 320 fatalities in 2015 to 403 in 2016. Public safety officials pointed out that between 2011 and 2015, 68 percent of Iowa's fatal traffic crashes involved lane departures, a clear indication that many drivers were distracted.
The American Civil Liberties Union of Iowa opposes the Senate study bill. Daniel Zeno, the organization's policy counsel, expressed concerns the legislation would worsen issues relating to racial disparities in Iowa's criminal justice system.
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"Right now, an African-American person in Iowa is seven times more likely to be arrested for a drug offense, eight times more likely for marijuana possession. So there are already huge racial disparities," Zeno told The Des Moines Register. "This will be yet another way for officers to stop people, and logically we think it could increase the racial disparities."
Cameron said there is strong evidence for the Legislature to strengthen Iowa's law on texting while driving. She pointed to data from the Iowa Department of Transportation showing that in 2010 Iowa had 659 crashes involving distracted drivers and that the number rose in 2015 to 1,100 crashes. Meanwhile, the number of drunken driving arrests in Iowa has declined from 18,366 in 2011 to 13,938 in 2015.
Driving a vehicle while texting is six times more dangerous than driving while intoxicated, according to the National Highway Traffic Safety Administration.
"This is not just a kid problem," said Sen. Tod Bowman, D-Maquoketa, who served on the subcommittee. "Texting is addictive. There is a reinforcement mechanism to check your phone. It is very hard to resist."
Sen. Michael Breitbach, R-Strawberry Point, who chaired the subcommittee, said the bill is important and there are some options that will be considered going forward. He added it appears the bill has a good chance of winning approval from the full Iowa Senate, which has backed anti-texting legislation in the past only to see it stall in the Iowa House.