New law prohibits texting while driving

A state law that was enacted several years ago prohibits teens from talking on cell phones while driving. A new law that goes into effect on Jan. 1 further addresses the use of phones and other devices while driving, and this one affects drivers of all ages.

Gov. Pat Quinn signed into law in August two Illinois House bills pertaining to cell phones and computers.

One law bans motorists from text messaging while driving. More specifically, motorists may not read, compose or send text messages, instant messages or e-mails while moving in traffic.

That law includes the use of cell phones, personal digital assistants and portable or mobile computers. It does not, however, prohibit the use of global positioning systems (GPS) or navigation systems.

The new law also prohibits drivers from talking on cell phones while driving through construction zones or school zones.

Fines for violating the new law begin at $75.

“With the increased use of technological devices, distracted driving has become a serious problem, both in our state and in the nation,” said Illinois Secretary of State Jesse White.

“These new laws are important and will make our roads safer,” White said. “No driver has any business text messaging while they are driving.

“Additionally, school zones and construction zones require drivers to slow down and pay special attention to their surroundings, and as a result, they should not be using a cell phone,” White said.

The National Highway Traffic Safety Administration estimates that driver distraction from all sources contributed to 25-percent of all crashes reported to police, White said.

“Every time a driver takes their eyes or focus off the road, even for just a few seconds, they put their lives, and the lives of others, in danger,” said NHTSA Regional Administrator Michael Witter said.

“Distracted driving is unsafe and irresponsible, and its consequences can be devastating,” Witter said.

Vandalia Police Chief Larry Eason said his department will begin enforcing that law on New Year’s Day, but recognizes that it will be a hard law to enforce.

“I think it’s a good law, but it will be a difficult one for police officers to enforce,” he said.

“Just by observing motorists, it’s oftentimes difficult to tell whether they are using their cell phone for texting,” Eason said.

Enforcement of the law may most often come into play following an accident.

“When an officer handles an accident, he or she asks the driver what he or she was doing at the time of the accident,” Eason said. “But the driver will basically have to admit that he or she was texting, or we have to have some other type of evidence that that was going on at the time of the crash.”

The text of Public Act 096-0130 states that the law does not pertain to:

• A law enforcement officer or operator of an emergency vehicle while performing his or her official duties.

• A driver using an electronic communication device for the sole purpose of reporting an emergency situation and continued communication with emergency personnel during the emergency situation.

• A driver using an electronic communication device in hands-free or voice-activated mode; or a driver of a commercial motor vehicle reading a message displayed on a permanently installed communication device designed for a commercial motor vehicle with a screen that does not exceed 10 inches tall by 10 inches wide in size.

• A driver using an electronic communication device while parked on the shoulder of a roadway.

• A driver using an electronic communication device when the vehicle is stopped due to normal traffic being obstructed and the driver has the motor vehicle transmission in neutral or park.