Texting bill hits Senate roadblock

A proposed bill that would establish a state-wide ban on texting while driving remains in legislative gridlock in the Senate Judiciary Committee.

House Bill 35 passed the House; however, at the suggestion of Sen. Myron Penn, D-Union Springs, Chairman of the Senate Judiciary Committee, the bill has been carried over for more consideration to the disappointment of many of the bill’s proponents.

“I appreciate everyone’s interest in a bill aimed at increased safety while driving,” Penn said. “It’s not a question if this is a good bill. The question is, if this bill were to become law, could it be enforced in a manner that is beneficial.

“How will law enforcement actually prove that someone is texting instead of dialing a number?” he asked.

Another issue Penn has with the bill is its classification of texting while driving as a primary offense instead of a secondary one.

The current language of the bill, sponsored by Rep. Jim McClendon, R- Springville, would make texting while driving a primary instead of a secondary offense, meaning a law enforcement officer could stop a driver for texting while driving even if they are not suspected of breaking any other laws.

Violators of the proposed texting while driving legislation would be subject to a $25 for a first offense, $50 for a second and $75 for a third or subsequent violation. Drivers convicted of texting while driving would have one point charged to their driving records with the loss of their driver’s license after accruing 12 points, the bill states.

Penn said he’s spoken with McClendon about texting while driving being considered a secondary rather than a primary offense.

Among the groups supporting HB35 is AAA Alabama.

“This should be a primary offense,” said Clay Ingram, AAA Alabama public relations and marketing manager. “The level of danger involved with texting while driving is on par with the level of danger involved with drinking and driving. Obviously, it’s a different type of danger, but the level of danger is very similar. This level of danger demands that it be a primary offense. Plus, it would be much more difficult to enforce as a secondary offense.”

Still, Penn said the ultimate goal of the bill is to deter drivers from texting when they’re behind the wheel.

“Everyone I’ve spoken with wants to improve safety on our highways, but we don’t want to do that in a manner that will create more problems than it addresses,” he said.

In addition to HB35, a second bill that would strengthen the state’s current Graduated Drivers License law, House Bill 65, has also stalled in the state’s Senate Judiciary Committee.

For a closer look at HB35 and HB65 and their current legislative statuses, visit the Alabama Legislature’s Web site at http://www.legislature.state.al.us/index.html and search using the “find a current instrument” feature.