Primary offense proposed for phone use while driving

It would be illegal to hold a phone while driving in Nebraska under a bill heard by the Transportation and Telecommunications Committee Feb. 23.

Introduced by Ralston Sen. Merv Riepe, LB517 would prohibit those operating a motor vehicle from holding an interactive wireless communication device to talk, listen, view, record, transmit images, text, play games or access any data.

The bill would not apply to physicians, law enforcement officers, firefighters, emergency medical technicians or emergency response operators when using communication devices in emergency situations. Also exempt would be law enforcement personnel, firefighters and operators of emergency vehicles using devices while performing official duties and drivers stopped on roadsides or off of roadways.

LB517 would make enforcement of the measure a primary offense, allowing law enforcement to stop drivers solely for engaging in such activity. Currently, using a wireless device is a secondary offense, which can be enforced in Nebraska only when a driver has been cited or charged with a traffic violation or some other offense.

A driver in violation would incur a three-point penalty on their driver’s license and be fined between $200 and $500, depending on the number of previous offenses.

Riepe said that since 2010, 584 drivers have been charged with texting while driving in Nebraska, resulting in 521 convictions. As mobile phone technology advances, growing numbers of people are using the devices for more tasks, Riepe said, increasing the risk for distracted driving. Enforcing the law as a secondary offense is no longer a strong deterrent, he said.

“It is my hope we will save lives with this legislation,” Riepe said. “This bill gives the tools to law enforcement to enforce a primary offense for this type of distracted driving.”

Laurie Klosterboer, executive director of the Nebraska Safety Council, testified in support of the bill. Texting or having a conversation while driving is a cognitive distraction that is much more dangerous than eating while driving, she said.

“Folks are doing more and more behind the wheel,” Klosterboer said. “The bill is a good start because [phone use] is so prevalent in our society.”

Patty Wood, vice president of the Nebraska Trucking Association, also spoke in favor of the bill, saying that commercial drivers in Nebraska already are prohibited from using phones while driving. Citing U.S. Department of Transportation statistics, she said drivers are 23 times more likely to have an accident as a result of texting.

No one spoke in opposition to the bill and the committee took no immediate action on it.