
HARRISBURG -- Many people think it should be a no-brainer to outlaw "distracted driving," especially the practice of motorists sending text messages while they're behind the wheel.
And while the Legislature is moving slowly in that direction, the House and Senate have approved different solutions to the problem. And because of the current battle over a new state budget, it's likely to be October, at the earliest, before they agree on one approach to reduce or eliminate texting while driving.
Some progress was made last week, when the state Senate approved a measure to prohibit motorists, regardless of their age, from texting while driving.
Senate Bill 143, which now moves to the House, was sponsored by Sen. Robert Tomlinson, R-Bucks. He said it is aimed at "addressing an increasingly common and dangerous practice that has resulted in accidents and fatalities across the nation."
Mr. Tomlinson said drivers should be doing just one thing when they're operating a motor vehicle -- "paying attention to the road and other drivers." Being distracted by diverting one's sight and attention to sending a text message "doesn't just jeopardize the lives of those who are texting, but also puts the lives of everyone on the road with them at risk."
However, the bill makes texting while driving a secondary offense, meaning a police officer can't just stop a driver he sees texting. The driver would have to be pulled over for another offense, such as speeding or reckless driving, and then could be cited for texting. The fine for texting would be $100.
Currently, failure to wear a seat belt is a secondary offense in Pennsylvania. In some states it's a primary offense, meaning an officer can stop a driver just for not buckling up.
If Mr. Tomlinson's bill is approved by the House, Pennsylvania would join 10 other states that have prohibited texting while driving for all drivers. Eight other states prohibit it for "novice drivers" or "junior drivers," those 16 or 17 years old.
He said that according to a Nationwide Insurance study, an estimated 20 percent of drivers are sending or receiving text messages while behind the wheel. He said the practice is especially popular among young people.
In late April, the state House approved another approach to stopping distracted driving -- House Bill 67, by Rep. Joe Markosek, D-Monroeville, which is aimed primarily at junior drivers.
It would prohibit drivers age 16 and 17 from talking on cell phones or texting while driving. It would be a primary offense, meaning an officer could stop a young driver just for talking on a cell phone or texting.
The House narrowly defeated a broader bill that would have banned talking on cell phones or texting by all drivers.
While some people think phoning or texting while driving is a dangerous practice that should be banned for all drivers, many motorists now do, in fact, use a cell phone, and so a ban is politically controversial. Some citizens, along with some legislators, don't want the Legislature to get into what they call "nanny government," meaning overregulation of people's lives.
The House bill was amended, however, to outlaw various sorts of driver distractions for all ages.
If a police officer sees a car weaving along a road, going through a stop sign or some other unsafe practice, the car can be stopped. If the driver was distracted by a number of things -- talking on a cell phone, texting, eating, drinking, combing hair, putting on makeup, reading a newspaper -- an additional $50 fine could be levied on top of the fine for the primary offense.
Again, such distracted driving would be a secondary offense, and an officer couldn't stop a car just because the driver was using a cell phone, texting or doing the other things.
Brett Marcy, an aide to House Majority Leader Todd Eachus, D-Luzerne, said: "Of course we think distracted driving is a serious issue. That's why we passed House Bill 67. Between our bill and the bill just passed by the Senate, we believe we will be able to come to a compromise that makes Pennsylvania drivers safer. But right now getting a new state budget is the top priority, so this issue may wait until the fall."
