A new state law that would prohibit people from using their cell phones while driving has been passed by the Legislature without the support of two lawmakers from south Pierce County.
Senate Bill 5289 finished getting the approval of the House of Representatives and the Senate last week. Next, Governor Jay Inslee will determine whether to veto or sign the bill into law.
April is designated by the National Safety Council as Distracted Driving Awareness Month. Distracted driving occurs when the driver engages in activities that hinder his or her ability to safely operate a motor vehicle on a highway. The consequences sometimes are fatal. In 2015, 167 people died in Washington in accidents involving a distracted driver.
The new legislation aimed at cracking down on distracted driving got a yes vote from Rep. Andrew Barkis of the Second Legislative District, which includes south Pierce County. His district mates, Sen. Randi Becker and Rep. J.T. Wilcox, voted against it.
SB 5289 struggled before finally gaining Senate approval after it had earlier rejected House amendments. The House withdrew its major amendments, approving the bill on a 61-36 vote. The Senate gave its final support on a 39-10 vote Aprl 19.
If signed into law by the governor, it will take effect Jan. 1, 2019. Drivers will be prohibited from using a portable electronic device while driving. This includes using fingers to read, view, browse, save, retrieve messages, or watch videos. Holding a mobile device in one or two hands would also be banned.
A base fine of $48 and a total fine of $136 could be applied the first time someone is pulled over for using a portable electronic device when driving. Drivers who are caught using a portable electronic device a second time would receive a base fine of $96 and a total fine of up to $235.
The base penalties would go to the Distracted Driving Prevention account, which would fund programs geared toward reducing distracted driving.
Currently, driving laws state that bringing a phone to the ear to make a call, or sending, reading or writing a text message are primary traffic infractions. They aren't criminal acts.
However, current driving laws don’t prohibit other forms of digital communications, such as using Facebook, Snapchat or Instagram.
SB 5289 also includes a $100 fine for other forms of distracted driving, including eating, putting on makeup, or attending to children or pets.
Exceptions are made if a driver is contacting emergency services with a portable electronic device, a transit employee is using the radio system to contact the dispatch center, a commercial driver’s use of an electronic device is in the scope of employment and complies with federal law, or the driver is operating an authorized emergency vehicle.
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