In the closing days of the 2010 legislative session, Delaware lawmakers took quick action to exempt some mobile two-way radios from a pending law that would have barred their use by motorists.
Legislation signed into law by Gov. Jack Markell on July 6 (HS 1 for HB 229) prohibits Delaware drivers from using hand-held cell phones or other electronic devices to hold conversations, send text-messages or access the Internet. The legislation also outlaws the use of two-way radios in moving vehicles.
Schwartzkopf said that, while police and first responders were excluded from the original ban, he was embarrassed to admit that he forgot transportation workers and others still use the dated, but proven, technology.
Delaware will be breaking new ground when the law is implemented. No other state in the country prohibits motorists from using CB radios installed in their vehicles.
On the issue of hand-held cell phones, the First State will actually be the seventh state to enforce the prohibition on motorists. It’s already illegal for drivers to use the devices in California, Connecticut, New Jersey, New York and Oregon, and in Washington, D.C., as it is in the Delaware municipalities of Wilmington and Elsmere. Maryland’s hand-free cell phone law will go into effect on Oct. 1.
Additionally, 25 states have enacted laws prohibiting texting while driving.
Supporters of the Delaware law point to the increased distraction caused by cell phone use and the hazard impaired drivers posed to their fellow motorists and pedestrians.
“This new law is about improving safety for everyone who shares the road. We hope we can reduce the number of drivers who text and e-mail while driving, and therefore, reduce the number of distraction-related crashes. Just as we’re keeping our focus as a state on creating more jobs, we want drivers keeping their focus on the road,” Markell said.
Violators would not accumulate any points on their licenses. Drivers would be permitted to punch in the phone number or activate the hands-free device, but then cannot have the phone in their hands.
The bill also allows drivers to use a hand-held cell phone to report an accident, fire, reckless driver or another emergency.
Sen. Karen E. Peterson (D-Stanton), who was the primary Senate sponsor of the bill, acknowledged that it was controversial.
The new laws go into effect 180 days from signature – on Jan. 2, 2011.
Portions of the article written by M. Patricia Titus,
Coastal Point News have been printed here as a public service.
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