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Tuesday, December 08, 2009
Michigan Legislature Moves Toward Ban On Text Messaging While Driving
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| LANSING - The Michigan Legislature moved Tuesday toward a ban on sending or reading a text message while driving as the full House and Senate Transportation Committee approved legislation to make the practice a traffic violation.
Supporters of the bill said action is long overdue in Michigan to combat what they called a dangerously distracting practice. The bills (SB 402 , SB 468 , HB 4394 and HB 4370 ) would make texting while driving a secondary offense, meaning police first would have to observe another violation to pull over a texting motorist.
"I think it important that Michigan get in the game," said Sen. Buzz Thomas (D-Detroit), sponsor of one of the bills. "Michigan has fallen behind. Clearly we're in the second half of the rest of the states."
Sen. Roger Kahn (R-Saginaw Twp.), sponsor of the companion bill in the package, said a traffic accident in his district stemming from a texting driver prompted his interest. That accident left the other driver incapacitated with a closed-head injury.
But there was some criticism about the bills treating texting as a secondary offense. Sen. Raymond Basham (D-Taylor) said he would offer an amendment on the Senate floor to make the citation a primary offense.
Sergeant Chris Hawkins of the Michigan State Police told the committee that 24 of the 28 states that banned texting made it a primary offense and making it a secondary offense crimps officers ability to keep the roads safe.
"Absent speeding or some other moving violation, I would not be able to stop the vehicle," he said. "Hopefully that violation wouldn't be a traffic crash."
But Kahn said officers could pull over a motorist for careless driving if they observed the driver speeding or weaving or committing several other violations.
"I think the notion of this being a secondary offense has considerable merit," he said.
And Sen. John Gleason (D-Flushing) said making it a secondary offense would allow for a transition period in which the public could get acclimated to the new law.
Not to be outdone, the House passed its two bills banning texting while driving, which had been pending on the calendar since October.
The bills, which passed on votes of 94-13 and 105-2, respectively, also drew criticism for allowing the offense to be secondary.
Rep. Douglas Geiss (D-Taylor), whose best friend's parents were killed in a car accident, said he voted against the bills because Michigan should join the more than 20 other states that make texting while driving a primary offense.
"Texting while driving is an example of a conscious decision to look down and take your eyes off the road," he said.
Rep. Gino Polidori (D-Dearborn) said the legislation is an important first step in making driving safer. Drivers caught texting will face a $500 civil fine, but will not have points added to their license.
This story was provided by Gongwer News Service. To subscribe, click on Gongwer.Com
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Author: Staff Writer Source:
Gongwer News Service
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