TRANSPORTATION

A ban on holding phones while driving seems set to become law. Here's what that means.

In Gov. Eric Holcomb's State of the State address, he doubled down on his call to ban hand-held devices while driving in Indiana. 

Now, a bill addressing distracted driving is just a signature away from becoming law.

HB 1070 breezed through the House of Representatives and Senate after people packed committee hearing rooms to share how their lives have been forever changed by distracted driving collisions. They included Tina and Lorin Smith, who Holcomb had invited to his speech. The couple shared their story of each losing a leg after being hit by a distracted motorist. 

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The Indiana Criminal Justice Institute reports that every year since 2015, there were just over 1,200 collisions on Indiana roads where a cellphone or other electronic device was a factor, which resulted in 40 total fatalities.  

“This is about saving lives," Holcomb said in a statement to IndyStar Jan. 16. "We know that a handheld device does three things. One: It takes your brain off what you’re supposed to be paying attention to. Two: It takes your hands off of what you’re supposed to be holding on to. Three: It diverts your attention. When your hands and your eyes and your brain are all doing something other than steering a car, bad things tend to happen.”

What does the existing texting ban say? 

Indiana law addresses distracted driving with a texting ban that went into effect on July 1, 2011. The law states that a motorist may not use a telecommunications device 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 in an an emergency situation.

The law also says that a police officer cannot confiscate a cellphone to determine compliance with this law or download information from it unless there is probable cause to believe it was used in a crime or the officer has a search warrant. 

Additionally, individuals younger than 21 are prohibited from operating a vehicle while using a telecommunications device, unless to contact 911 for an emergency. 

Bill author Holli Sullivan, R-Evansville, said the existing law does not go far enough. 

"Law enforcement officials have found the law ineffective because of the huge exceptions and loopholes, as well as finding it difficult to enforce," she said. "(HB 1070) will simplify the existing law and make it easier for public safety officials to enforce."

How would the new law affect Indiana drivers?

In a nutshell, you would have to put down your phone completely while driving.

The bill would amend the current law to remove specific references to texting, saying instead:

Except as provided in subsections (b) and (c), a person may not hold or use a telecommunications device while operating a moving motor vehicle. 

(b) A telecommunications device may be used in conjunction with hands free or voice operated technology.

(c) A telecommunications device may be used or held to call 911 to report a bona fide emergency.

Drivers could still make calls or access their phones through hands-free technology, such as via a headset or Bluetooth.  

Sullivan said if the bill becomes law, there will be a "very large, comprehensive and statewide educational campaign about this law" and how it benefits public safety statewide.

"What is important is for us to start a culture shift so that we can limit the number of accidents caused by distracted driving," she said. 

The National Highway Traffic Safety Administration's 2015 National Survey on Distracted Driving Attitudes and Behaviors found that 42% of respondents said they answer their cellphones 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.

What would the penalties be?

The Indiana bill doesn't address fines, but Sullivan said it would carry the same penalties as texting and driving. Violations of the current law carry fines of up to $500. 

Bill co-author Jim Pressel, R-Rolling Prairie, said determining specific fines is a "moving target." 

"It could be a $50 penalty, something minimal," he said. "It's really about bringing awareness to it, and people understanding that this is not a good practice." 

What happens next? 

The bill heads back to the House and if it signs off on changes made in the Senate, it will go to Gov. Holcomb to sign into law, which seems likely. 

Do other states have similar laws?

Currently, 21 states, Washington, D.C., Puerto Rico, Guam and the U.S. Virgin Islands prohibit drivers from using hand-held devices while driving, according to the Governors Highway Safety Association. All are primary enforcement laws, which means an officer can ticket a motorist for using a cellphone even if they haven't violated any other traffic laws. 

How do those laws compare to Indiana's bill?

In Illinois, the law prohibits operating a motor vehicle on a roadway while using cellphones or computers. This does not include a GPS or navigation system that is integrated into the vehicle.

Indiana's bill does not specify the use of navigation systems. 

Washington state's law takes the ban a step further, prohibiting motorists from using a hand-held device even when stopped in traffic, while Indiana's bill currently only bans use while moving.

Minnesota's hands-free law is much more detailed: While operating a motor vehicle, a person is prohibited from using a "wireless communications device" to write, read or open text messages, make or receive phone calls, or access content on their devices such as videos, games, images or apps.

The exceptions are using voice-activated or hands-free mode on a device, checking GPS data or listening to audio content that doesn't require typing or handling a device, or to obtain emergency assistance, according to the law. 

Have other state laws been effective?

For some states with a hands-free law, the ban removes any gray area for law enforcement. Washington State Patrol Sgt. Darren Wright said that the state previously had a ban on phone calls while driving and that results have improved since the complete ban on cellphone use.

"It's easier to enforce for us," he said. "Prior to that, people would have a phone in hand and they would say they were checking directions or they weren't texting, and we couldn't write them a citation."

Scott Wasserman, a spokesman for the Minnesota Department of Public Safety, agrees that a complete ban on cellphones helps officers, and leads to better habits.  

"The hands-free law allows Minnesota law enforcement to more easily recognize a violation and stop a driver when they witness them holding the phone behind the wheel," Wasserman said. "Troopers throughout Minnesota have seen an increasing number of drivers using hands-free options such as mounts."

Lt. Bill Miller of the Tennessee Highway Patrol said the law hasn't been too difficult to enforce, but some drivers still try to skirt the law. 

"Our troopers have stopped drivers for watching videos and movies," Miller said. "These drivers had their electronics mounted to the windshield or dash as required."

Here are some of the outcomes other states have seen from implementing similar laws: 

ILLINOIS

Law effective date: July 1, 2019.

Fines: $75 for the first offense, $100 for the second offense, $125 for the third and $150 for the fourth or each subsequent offense.

Citations: Distracted driving decreased 23% from 2018 to 2019, according to data from the Illinois State Police.

Crash data: Not available yet. 

WASHINGTON

Law effective date: July 23, 2017. 

Fines: $136 for the first offense and $234 for the second offense.

Citations: Since the ban went into effect, officers had 57,479 contacts for violations, which included warnings for the first six months of the ban. Of that number, 29,144 motorists received citations.

Crash data: The Washington State Patrol reports that from 2016 to 2017, crashes tied directly to cellphone use declined 11%, then increased 4% from 2017 to 2018, and dropped 22% from 2018 to 2019. 

TENNESSEE

Law effective date: July 1, 2019. 

Fines: $50 for a first-time offense, $100 for third offense or higher, $200 for violation if in a work zone or school zone with flashers in operation. 

Citations: The Tennessee Highway Patrol issued 7,539 citations from July 1, 2019, through Dec. 31, 2019.

Crash data: Not available yet. 

CALIFORNIA

Law effective date: January 1, 2017.

Fines: $162. Starting in 2021, motorists caught using a cellphone while driving for a second time within 36 months are subject to one point on their driving record. 

Citations: In 2017, the California Highway Patrol reported 98,189 citations related to cellphone use while driving. That increased to 108,883 in 2018, and then fell to 97,167 in 2019. 

Crash data: Distracted driving-related crashes that involved a cellphone decreased 3% from 2018 to 2017, and fell 21% from 2019 to 2018. 

Reporter Chris Sikich contributed to this story.

Contact IndyStar reporter Kellie Hwang at 317-444-6032 or kellie.hwang@indystar.com. Follow her on Twitter: @KellieHwang.