Mannix Porterfield
CHARLESTON — Sending text messages while driving a motor vehicle in West Virginia would be outlawed if a fresh cell phone bill offered Monday in the House of Delegates moves forward.
The idea is to lessen the distractions that one co-sponsor of the legislation says is a proven cause of highway accidents.
“If you’re texting, most of the time, for most people, you have to have your eyes off the road and on the buttons, and it is a distraction,” Delegate Sam Argento, D-Nicholas, said.
“We do see this as a hazard.”
A few weeks ago, Gov. Joe Manchin told The Register-Herald editorial board he would support a ban on any cell phone usage in traffic.
At the time, Manchin acknowledged he was among the worst offenders.
So much so, the governor said jokingly, that his staff fears to ride with him while he’s behind the wheel.
The bill doesn’t specifically say so, but Argento said the intent is to bar motorists from texting or talking on hand-held cell phones, and would make violations a secondary offense.
“Law enforcement can’t stop you just because you’re talking on the cell phone or texting,” Argento said.
The law would function just as the seatbelt statute — police would need to pull a motorist over for some primary offense, such as speeding, to write a citation.
“Statistics, if I’m not mistaken, show you’re more likely to have an accident when distracted, especially on a cell phone,” Argento said.
“There are other distractions out there you’re not going to be able to control — playing with the radio, or CD players, reading the paper, or something like that.”
Argento pointed out that the majority of cell phones produced nowadays are equipped with speakers, allowing hands-free operation.
The bill calls for any violation to be a misdemeanor, punishable by a maximum $100 fine. A second conviction within a year calls for a fine up to $200. Third and subsequent violations stipulate a maximum $500 penalty.
The lead sponsor is Delegate Jeff Eldridge, D-Lincoln.
Besides Argento, other co-sponsors are House Roads and Transportation Chairman Dale Martin, D-Putnam; and Delegates Larry Barker, D-Boone; Linda Phillips and Daniel Hall, both D-Wyoming; Greg Butcher, D-Logan; Virginia Mahan, D-Summers; Daryl Cowles, R-Morgan; and Ralph Rodighiero, D-Logan.
Similar legislation has been proposed in the Senate by Sen. Jesse Guills, R-Greenbrier, who, likewise, sees the use of cell phones as a traffic hazard.
Argento said HB2995 provides some exemptions, such as school bus drivers, state road workers and the like, when emergencies arise in the line of their duties.
“We tried not to make it too restrictive for those persons that do require communications sometimes,” Argento said.
Argento, himself, often uses a cell phone while driving but is moving to use more sophisticated devices to keep both hands on the wheel.
“My phone does have a speaker and I’m learning to use the speaker more,” he said.
“I know that everybody is not going to stop talking on cell phones when they drive. At least, they will be conscious of it and eliminate at least that one (texting) particular distraction.”
— E-mail:
mannix@register-herald.com
