Distracted driving ban progressing in Florida

March 26, 2013

Distracted driving ban progressing in Florida

The dangers of distracted driving are well-known to motorists across the country. Federal government officials have been trying for years to get more states to enact or strengthen laws currently in effect. Many new rules have been passed that significantly raise the penalties for using a handheld cellphone or texting while driving.

However, Florida has yet to pass any laws that deal with the problem of distracted driving. In fact, the only law that the state has on the books currently forbids municipalities from creating their own distracted driving laws. Legislators have made repeated attempts to gather the support needed to pass a statewide ban with no success.

As the number of motor vehicle accidents caused by distracted drivers remains relatively constant, Florida lawmakers again have proposed a texting while driving ban. This ban would make texting while driving a secondary offense, which means that police officers would have to observe another traffic violation before they would be able to stop a motorist. Fines would be $30 for the first offense, with the potential to increase to $60.

It might be difficult for police to know when a distracted driver has caused a car accident. Often, the drivers do not disclose this information, and officers would only be able to issue a ticket if they observe this behavior.

Critics of the bill feel that it does not go far enough. In many states, the offense is a primary violation, which means that law enforcement officers may pull a driver over if the motorist is observed texting while driving. Also, the fine is only $30. In many other states with aggressive bans, this fine can be significantly higher, with costs running in the hundreds of dollars for repeat offenses.

Those that support the bill contend that it might not be the ideal way to curb distracted driving, but it is a start. This could help allow for later legislation that could prohibit more activities and increase the potential penalties for a violation.

One of the areas that might need to be addressed sooner rather than later concerns teen distracted drivers. Several jurisdictions without statewide bans still prohibit younger drivers from texting or using a handheld cellphone while driving. This helps these drivers keep their attention focused on the road while they are developing experience behind the wheel.

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Article provided by Feldman Morgado, PA
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