Transportation secretary unveils sample texting bill for states

Transportation Secretary Ray LaHood on Monday released sample state legislation to help states in crafting laws that would prohibit text messaging while driving.

"Texting while driving, like talking on cell phones while driving, is an extremely dangerous and life-threatening practice," LaHood said in a statement. "This language, which we created with a variety of safety organizations, is another powerful tool in our arsenal to help the states combat this serious threat."

The sample bill would "make it unlawful to manually type or enter multiple letters, numbers, symbols or other text in a wireless communication device, or send or read data in the device, for the purpose of non-voice interpersonal communication, including texting, emailing and instant messaging" while driving a vehicle on public streets, roads or highways.

The sample bill, crafted by the National Highway Traffic Safety Administration with the help of safety and industry organizations, would carry a minimum fine of $75 for the first offense and would escalate for subsequent violations. "For any offense that results in a death or serious injury the infraction should increase to a felony (criminal offense) with penalties consistent with state sentencing guidelines," the sample bill said.

It would exempt police and other emergency personnel and someone reporting a crime or emergency to law enforcement and would not affect the use of navigation devices.

Noting the high rate of texting among teens, a summary of the bill also says that states may want to consider "specific consequences" for teens caught texting while driving such as delaying when they can receive a regular license.

By the end of 2009, 19 states and the District of Columbia had enacted legislation banning texting while driving for all drivers, while several other states had laws covering specific types of drivers, such as teen drivers or school bus drivers. The Transportation Department issued new rules last month banning texting by drivers of commercial vehicles such as large trucks and buses and recently launched a Web site on distracted driving.

Steve Largent, president and chief executive officer of the wireless industry group CTIA, said his group was involved in helping draft the model bill. "The wireless industry has been focused on educating consumers about the dangers of distracted driving and remain committed to reminding drivers that safety should always be their number one priority," he said in a statement.