Business, Government Legal News from throughout WVDelegates debate Tomblin’s texting while driving bill

A proposed bill from Gov. Earl Ray Tomblin brought many questions from members of the House Roads and Transportation Committee Wednesday afternoon.

Lawmakers first had to get under their belts what the law allows and does not allow.

All texting would be banned, GPS systems would be OK, handheld phone use would be a secondary offense for adults, but a primary offense for anyone younger than 18.

"Are we all thoroughly confused?" Committee Chairman Delegate Margaret Staggers, D-Fayette asked committee members.

House Bill 4091 would ban wireless devices that are not hands free, but it would allow the use of those devices when it's necessary to contact law enforcement or other emergency services during an emergency.

The bill defines operating a motor vehicle as any time a person is behind the wheel with the motor running, even if the vehicle is stationary. Another definition is "electronic communication device."

Those devices would include cell phones, pagers and computers, but the definition does not include GPS systems, radios with push-to-talk or voice radios used by law enforcement and emergency service providers.

Texting, as defined by the bill, would include typing or reading instant messages or email, but it does not include entering commands such as voicemail retrieval, dialing a number or extension, initiating a hands-free device or putting information into a GPS system.

It's already a primary offense — meaning breaking this rule is the only reason law enforcement would need to initiate a stop — for anyone younger than age 18 to use a phone while driving. Anyone who breaks the law is guilty of a misdemeanor with a penalty of $25 for a first offense, $50 for a second offense and $75 for a third and repeated offenses.

This bill would make texting while driving or using a phone without a hands-free device a secondary offense for adults — meaning law enforcement would need another reason to stop a driver. The offense would not be a misdemeanor, but the fine for a first offense would be $100 for the first time, $200 for the second time, $400 for the third or future offenses. Court costs would not be assessed and no points would be assessed on a driver's record because of the violation.

"It would go along the same lines as the seat-belt law," said Sgt. J.B. Schoolcraft of the West Virginia State Police. "Like with a DUI, there are things we look for when we're out doing DUI enforcement, such as hitting the brakes, weaving … those are the same types of things we're going to pull someone over for anyway.

"Most people are law abiding; if you tell them not to do it, they won't."

Tomblin's Director of Legislative Affairs, Jason Pizatella, told legislators the seat belt law is also a secondary offense, and it's a deterrent.

"We thought it was a good first step," Pizatella said.

Delegate Greg Butcher, D-Logan, asked legislators to concentrate on texting and stop comparing it to wearing a seat belt.

"If I don't use my seat belt, I put myself in danger," Butcher said. "If I use my cell phone, I put you in harm."

Steve Dale, deputy director of the DMV, told legislators that similar laws in other states are "changing by the day." Dale said 35 states have banned texting while driving, and 10 states have banned cell phone use, but no state has passed any kind of prohibition against all types of telecommunications while driving. He said 33 states have made texting while driving a primary offense, and Pennsylvania will have a ban on texting while driving as a primary offense starting March 8.

Delegate Doug Skaff, D-Kanawha, pointed out that if the law would allow dialing numbers or setting up a GPS system, everyone who has something in their hands could be subject to a violation if it's made a primary offense.

Legislators voted to keep the bill in the committee until the next meeting.

The committee moved House Bill 4103 on to the full House. It would allow the DMV to come lead the coordination of a plan, along with other state agencies, such as the Public Service Commission, Tax Department and the Division of Highways, to try to consolidate all the agencies into a one-stop shop for anyone with several vehicles to get on the road to get legal.

"The Legislature further finds that it is very cumbersome and onerous for motor carrier business entities to obtain the necessary permits, licenses and file the necessary returns, reports and other documents through numerous state agencies whose offices are scattered both geographically and administratively throughout state government," the bill reads.

Staggers started the meeting with a moment of silence to honor the late Delegate Dale Martin of Putnam County who was found dead in May. Martin was chairman of the House Roads and Transportation Committee at the time of his death.