Texting and driving measures discussed

Two nearly identical proposals restricting the use of cell phones in moving vehicles were discussed, but not passed, by the House Law Enforcement and Criminal Justice Committee Friday.

Both bills were held without a recommendation while lawmakers figured out how to either combine them or work them into existing statutes.

HB281, sponsored by Rep. Paul Ray, R-Clearfield, would prohibit text messaging while driving on any state highway. The bill would also make it a crime to drive and talk on a cell phone without a hands-free device for everyone under the age of 18, in a reduced-speed school zone or in a public parking lot.

Ray called his measure a "preventative issue" and explained that it would allow police officers to issue a citation to someone before their behavior caused an accident — something existing reckless and careless driving statutes don't provide for.

"We don't think we need to sacrifice a child before we actually charge somebody with something," Ray said.

HB290, sponsored by Rep. Stephen Clark, R-Provo, is almost identical to Ray's bill, without the prohibitions on cell phone use for minors or in school zones and parking lots.

"Now is the time the public is saying we need to do something about driving while texting," Clark said.

Both bills include exceptions for medical emergencies, when reporting criminal activity or a safety hazard, and for law enforcement officers.

Local insurance agent Michael Tingey called the proposals, and others like them currently working their way through the Legislature, an example of "inappropriate groupspeak" and political correctness run amok. He said supporters of the proposals frequently compare texting and driving with the more serious problem of drinking and driving.

"There are tremendous problems with drinking and driving," Tingey said. "There is not a single accident that can be shown to be from cell phone usage."

In response to Tingey, Rep. Douglas Aagard, R-Kaysville, described meeting a family last year whose quadriplegic daughter was the victim of someone who had been texting and driving.

"They weren't trying to be politically correct," Aagard said.

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