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12.01.2008 11:19 am

Ban cell phones and driving? Bill filing begins in Missouri

St. Louis Post-Dispatch
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Among the first bills filed today in Jefferson City: A bill that would ban the use of cell phones while driving in certain circumstances.

Today is the first day to pre-file bills in the Missouri Legislature. For some lawmakers, it’s their best chance at a headline. It’s also a good look into some of the issues that will be taking up the Legislature’s time come January.

The first two bills assigned a number (according to the Gov Watch site), are HB 26, filed by Republican Joe Smith of St. Charles, and HB 27, filed by Republican David Day of Dixon. Smith’s bill would prohibit cell phone use while operating a motor vehicle on public property, with some exceptions.

Day’s bill would allow veterans in Missouri to deduct their military retirement income from state income taxes.

While they haven’t been assigned bill numbers yet, three Columbia Democrats also announced their intention to file bills today. One, supported by freshman lawmakers Mary Still and Stephen Webber, would ban robo-calls, unless the call was preceded by a live operator who asks the recipient for consent. A similar bill was sponsored by Democrat Ed Wildberger last year.

Also, freshman Democrat Chris Kelly said he planned to file a bill allowing early voting in Missouri. Also, the Democrats said they would revive payday loan legislation that would limit interest rates on the loans.

51 comments

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David Day, I thank you for proposing this on military retirement income. Many states don’t require military pensions to be taxed. Missouri needs to step up to the plate and do the same.

— Jim Golfer
12:15 pm December 1st, 2008

I like the concept of the “driving while yakking” ban, so long as exceptions exist for dealing with emergency situations. I doubt it will pass though, because most legislators themselves drive while on the phone.

— St Louis Oracle
12:36 pm December 1st, 2008

Banning cell phone while driving is long overdue. As long as there are exceptions for emergency situations I’m all for it.

— JDoe
12:51 pm December 1st, 2008

I agree that using a cell phone causes drivers to lose concentration and do stupid things like wander into another lane, etc. However, there are a lot of other distracting behaviors that do the same thing. So let’s ban changing CDs, applying makeup, smacking your kids in the back seat, reading maps…the list goes on.

— rvbuilder
12:56 pm December 1st, 2008

What about laws to ban hair-combing while driving, or putting on make-up, or taking off your jacket, or reading the newspaper or watching a video? I’ve seen people doing all of these things, weaving in and out of their lanes of traffic. They would still be free to do all this despite the good intentions of Rep. Smith’s proposal. I agree that drivers need to concentrate on their driving and limit their distractions, but I don’t think a ban on phone use while driving is the answer. Careless and imprudent driving is already illegal.

As for Rep. Day’s proposal, I don’t think veterans should have to pay taxes. Ever. We owe them that and a lot more.

— kccardinal
1:02 pm December 1st, 2008

St. Louis Oracle - how does an officer determine is the reason they have the phone in their ear is an emergency without stopping them?

Handsfree works well, jut spend some money for a blue tooth or a wired headset - cost of one of these is a lot chaepaer then a funeral. This bill would be the first step in getting rid of those that are texting while they are driving.

— Wingrider01
1:10 pm December 1st, 2008

banning cell phones while driving makes too much sense for our show-me state to pass into law. just think, this bill would require over half of our house of representatives to put their cell phones down long enough to vote on a non-farm related issue. best wishes to rep. smith and rep. day in passing their common sense bill. sadly this is missouri!

— terry-stl
1:17 pm December 1st, 2008

I feel usage of cell phone while driving shoudl be banned regardless as to if it is an emergency or not. You should pull over and handle your business and what one person considers an emergency may not be an emergency to others.

— Cherri
1:26 pm December 1st, 2008

I can’t believe people are actually in favor of another law that won’t have any effect at all on anything other than state and local revenues. Banning cell phone use while driving won’t save 1 life but will make plenty of money for the state and various cities and offer one more way for police to harass otherwise law-abiding citizens. We don’t need more laws, we need enforcement of the current laws. As kccardinal mentions, careless and imprudent driving is already illegal. The problem is that the only time it’s ever charged is as a reduced charge on a DWI. Police never pull over or ticket weaving, speeding, tailgating drivers until/unless they kill someone. Also, I’m assuming cops would be exempt from this law since I see plenty of them driving around talking on their cell phones all the time.

— Sam Mace
1:28 pm December 1st, 2008

Please pass the cell bill. I hate people who miss the green light because of a conversation. They just sit there and talk. Mostly teen girls are the problem there. Second is the guy talking while driving slow in the passing lane. Move over and talk.

— Jim K
1:48 pm December 1st, 2008

I’m all for a hands free law, but I disagree that cell phone usage should be banned.

— kevin
1:49 pm December 1st, 2008

I agree with Kevin, cell phone use is a problem, but if it were restricted to hand free use only while driving then that would make things better. You still run into the problem of dialing though unless you have voice dialing.

— Jon
2:01 pm December 1st, 2008

Need to outlaw Traffic law Centers, then get police to actually stop folks from running red lights, get folks to stop reading while driving, hands-free cells only. Maybe then we could start reducing the inattention accidents.

— JBreally
2:03 pm December 1st, 2008

Good for Chris! Early voting in Missouri would be great!!

— Richard
2:04 pm December 1st, 2008

I think we have more than just cell phones as distractions while driving. Smoking, playing with the radio, kids, eating, people put on make-up, read the paper and i am sure other things. I think if we get rid of one we should get rid of all. Yes cell phones are a distraction but its not the only one.

— op
2:21 pm December 1st, 2008

The cellphone while driving BAN probably shouldn’t pass. It sounds too vague. I believe it should be more like California’s law on the requirement of using a hands-free device while driving such as a bluetooth headset or a wired headset or speaker phone in-dash.

I like the idea of robo-calls needing a live person. Those are just annoying and a waste of time and 9 out of 10 times are unsolicited.

— Joe
2:36 pm December 1st, 2008

great now the gov’t is going to tell me where and when i can use my phone. I PAY FOR IT! I SHOULD BE ABLE TO USE IT WHEN I LIKE!

— DC
2:37 pm December 1st, 2008

Having a hand free device for your cell phone is not any safer then someone holding there phone. It is not the hand to the ear that is distracting to drivers but the actual conversation on the phone that takes the drivers attention from the road. A hands free device does not help at all.

— soco1041
3:10 pm December 1st, 2008

Sure lets just keep chaing bills and adding more rules and regulations … its bad enough were falling into Communism … lets just progress that a little.

Cell phones do not cause accidents, people making STUPID choices to use them cause accidents.

Again it falls on the object not the cause.

What would we expect - people are so eager to jump up and ban the cell phone - Why not, it will eleminate so many accidents.

What ever. You need to wake up and learn self disapline. Cells phones do not cause accidents - the people using them DO.

— Nancy Drew
3:13 pm December 1st, 2008

Add into the MO driver’s test on how to text or dial while driving on a highway and residential street. Then with the stereo on then with a car full of kids, then talking on the phone hearing a funny joke or hearing tragic news. Now show me how to put on your makeup, combing your hair and picking your nose.

I’m sure that I have missed something…I have to answer my phone.

— TimB
3:23 pm December 1st, 2008

A bill like this is completely uncalled for. Drunk drivers are a MUCH bigger threat than drivers on cell phones. Besides, I have NEVER had an accident while on a cell phone while driving. This is a bill that does nothing but transfer your money into state coffers. WAKE UP PEOPLE!!! This is an example of our nation sliding downward toward Communism and is a bill everyone should BITTERLY OPPOSE!!!!!!!

— Fred McKinney
3:36 pm December 1st, 2008

If you can’t talk on a cell phone while driving, granted it should be speaker phone or headset, then you shouldn’t be allowed to talk to a passenger either or listen to the radio or change a station. Let’s get realistic. And what about those kids in the back seat? Aren’t they a distraction also?

— Red
3:42 pm December 1st, 2008

Just forgot eatting takeout food, reading the newspaper, reading a map - writing down directions from a radio commerical, talking on a CD Radio … etc.

Its the not object that needs to be banned - its the Driver that should be ticketed or lose thier licence for being so careless and reckless.

Take away the Radio, take away talking in the vehicle, take away the CB Radios, take away all means of distraction …. and watch how many accidents you see … still the same amount if not more.

Wonder how many accidents are caused by drivers slowing down to see another accident on the highway.

This bill is uncalled for and will not pass.

I will move from the state of Missouri if it does.

Its bad enough Jefferson County is the biggest rip off money hungry jurisdiction in Missouri - but to keep adding ontop of that. You pass a bill in St. Louis and Jefferson County will double it and make sure that any one who has violated the law will pay the maximum price and or double.

i.e. A MIP is 100.00 to take a class for drug and alcoholism - THEN they drop the charge to littering!! and a 200.00 fine and court costs and attorney fees a whole shopping 600.00 YEA Jefferson County make a killing on a MIP turned into a littering charge. Thats really teaching our children something - get drunk and drive, get drunk and party, pay us enough money and we will lower it to littering.

The whole Legal system in Missouri is a rip off … Keep adding more laws … I will be one of many that leave. I refuse to live in a communism State any longer.

— Nancy Drew
3:49 pm December 1st, 2008

Maybe I’ll start driving around with a blow up doll in the passenger seat so the officer thinks I’m talking to them instead of my bluetooth.

— supersleuth
3:57 pm December 1st, 2008

I’m glad to hear about the cell phone ban. It should have been a law long ago, I myself don’t own a cell phone , never had a need for one, but I’ve been ran off the road twice by someone else not paying attention to the road while using a cell phone , luckily no one got hurt . It’s a long time coming and glad someone is trying to do something about it.

— carl
4:28 pm December 1st, 2008

I am in favor of such a bill. If they make us wear seat belts then they should make us hang up and drive. We have all seen the dangerous driving that occurs while people are dialing and or talking on cell phones. I wonder if the legislators have their hands in the cell phone companies pockets…wink wink

— bantam weight
4:29 pm December 1st, 2008

Let’s just enforce the current law. If officers would start ticketing for those not paying attention to their driving, I think it would take care of it’s self….. couple of months back, group of motorcycles riding on one wheel down 270, county cop turns on lights, some pull over, cop does not.

— knowitall
5:05 pm December 1st, 2008

Nancy Drew….Don’t let the door hit you in the backside when you leave!!
Good riddance to bad rubbish.

— Joe W
5:15 pm December 1st, 2008

One dangerous distraction other than texting, putting on make-up, reading etc, is driving with a dog or two between your arms crawling around the steering wheel. if they had to make a sudden stop or change lanes they could get their dog tied up in the steering wheel. I am a dog person, but I don’t think this is appropriate.

— rammania
5:33 pm December 1st, 2008

Just my thoughts, I think federal and state governments should do what they do best in their empowerment, which is stay separate from townships.

The people making the money are those who punch holes in statues, and laws that should have never made edorsement or implementation.

Certainly there are other statues and laws that cover offences of this sort.

Lets keep what others don’t have imagination with some lead way. We don’t have many edges left.

Our freedom of non-prepetial statues and laws breed leaders and intovators not terrist.

Simply speaking the freedoms that make us as a whole great have greatly been reduced since our conception as a republic.

Sometimes I feel that everyone thinks that the averange American IQ is 70 or below.

Hell what do I know except I’m not in grade school , nor should the law feel that this is something that is recommended for loss of life.

War’s would not exist if that was the case. I’m for that.

— djn
6:03 pm December 1st, 2008

I look forward to no cell phones to go along with helmuts and seatbelts. Now if we could get seatbelts on motorcycles and get pedistrians to wear safety vest and helmuts finally we could all just sit in a room with rubber walls. Yes, let the state protect you all since you all can’t protect yourself. Your funny.

— otherjimm
6:28 pm December 1st, 2008

It’s about time that a legislator addressed banning cell phones while driving (albeit only on public property). I don’t think it’s fair that MADD members are allowed to talk on their cell phones while operating a motor vehicle, when studies have shown that the action impedes your reaction time just as much as being legally intoxicated. Another bill I would suggest to a legislator: one that would once again outlaw alcohol sales while public voting locations are open. Such a law would help maintain the integrity of close, local political races.

— EJ Rotert
7:20 pm December 1st, 2008

Fred McKinney… Please `define’ Communism.

— EJ Rotert
7:27 pm December 1st, 2008

You should take a shot at it too, Nancy Drew.

— EJ Rotert
7:31 pm December 1st, 2008

Just pass a law making it illegal to do anything stupid. It will be all encompassing, not just narrowly defined to driving while talking.

— Si Vis Pacem Para Bellum
7:32 pm December 1st, 2008

I second the bill to make stupidity illegal.

Officer: What were you doing?
Person: yada yada yada
Officer: Don’t you think that was stupid?
Person: Yes.
Officer: Engage Instant vaporization. Poof!

I think listening to robocalls while driving should be illegal.

If they wanted to make cell phone driving illegal, they shouldn’t have put the cell towers along the interstates. A lot of rural talking and driving goes on because ”that’s the only place you have a signal.” Duh.

Now, talking on a cell phone while driving within the circle that is I270-I255 probably should be illegal. But if you’re in rural Mo…heck, that’s often the only thing to keep you awake.

One side effect of banning cells while driving would be a steep downturn in the economy. Do you people have any *idea* how many customers get “talked in” to a retail location?

While they are at it, why not an amendment to take TVs out of cars? Now, that’s a distraction with no socially redeeming value whatsoever.

— Teresa
7:52 pm December 1st, 2008

“What about laws to ban hair-combing while driving, or putting on make-up, or taking off your jacket, or reading the newspaper or watching a video? ”
Yes, those would all be good laws.

“Careless and imprudent driving is already illegal.”
That’s great, if only the police would enforce them. Since they seem to lack the will (probably because the current “careless and imprudent” laws are so vague the lawyers have rendered them useless), these kinds of laws are required to tell them to tell the police, judges lawyers and juries that yes, the public is serious about not wanting to die on the road just so others won’t be inconvenienced by having to pay attention when they are driving a half ton of metal at high speeds.

I say we need more of the these laws until really start making a difference. The number of people killed on the road is a national disgrace.

— Jeff
8:09 pm December 1st, 2008

Wouldn’t checking your messages be no different than listening to your radio. There are much more important issues they could worry about.

— Dan
8:54 pm December 1st, 2008

There’s already a law on the books for inattentive driving. Just enforce that rather than write a new law specifically for cell phones. Get the guy reading the paper and the lady doing her make-up too.

— Mark
9:01 pm December 1st, 2008

as a local repairman that is always on his cell phone trying to satisfy customers or trying to locate a house taking away my cell phone use is going to make my job harder and the customers have to wait longer for their repairs. Also if we can’t use cell phones while driving then the police should have to give up theirs when driving also. no exceptions. They better provide more parking spaces then if we are all going to have to pull over to talk on our cell phones. I see more police harassment to ppl parked and talking on a cell phone not to say creating a hazard for other ppl driving if the stopped car is in a bad spot and in the way. As for me I will talk on mine regardless. give me the fine. what are they going to do? take away my phone? Maybe we should all go back to using cb radios again.. at least then when you wreck you got a cord to hang onto..lol

— repairman
9:54 pm December 1st, 2008

hmmmmmm driving a motor vehicle on public property..what designates public property? all property is owned by someone wether it be the city or state and our rights to drive on that property can be changed just by putting up a road closed sign so how doesn’t that make it private property. I don’t see how the police are going to enforce this bill… 15 billion cell phones and maybe 30000 police statewide. This is going to be the joke of the century if it passes. If my phone rings while I am driving I will answer it and I am sure most ppl would. whats next take away my radio so I can’t sing along with it or change stations while I am driving.

— bob
10:05 pm December 1st, 2008

Repairman… What did you do before you had a cell phone? Regardless, no one has written anything about `taking away’ your cell phone. You would still have it in your vehicle.

— EJ Rotert
10:29 pm December 1st, 2008

Bob… Come on. You really have to ask this? City, county and state roads would obviously be public property. And how in the hell does a `road closed’ sign transfer ownership to a private individual or group of individuals?

— EJ Rotert
10:32 pm December 1st, 2008

Ok if you take my rights away and I can no longer drive while on the phone then you MUST!!

1) Make sure Police cannot use their phones while driving

2) Using any raido

3) And dont forget they must no longer USE A COMPUTER while driving on the road.

Cops are not saints and they are not good drivers. I know that I can outdrive any cop and have been in pro driving schools and understand cars better then any cop on the street.

This law would be wrong…

— TheRightOne
11:24 pm December 1st, 2008

It is silly season for legislators. Introducing bills that they really know have no chance to be passed.

My post: http://tinyurl.com/6yt8o3

Shaun Dakin
CEO
StopPoliticalCalls.org

— Shaun Dakin
10:02 am December 2nd, 2008

This cell phone ban bill must be sponsored by a pawn of Sprint/Nextel … They are so desperate to make money that they would love forcing their remaining customers to buy handsfree or bluetooth headsets …

— Mike
11:11 am December 2nd, 2008

Passing more traffic rules might be needed. But can we remove at least one for every time another is added? How about getting rid of the “two plate” rule at the same time?

— DVogel
12:28 pm December 2nd, 2008

1. Let’s support the ban on cell phones while driving. Poor planning before going somewhere (ie not getting clear directions, addresses etc.) does not justify using the cell phone.

For more reasons:
Cf. http://www.livescience.com/technology/050201_cell_danger.html

2. Why do we tax veterans’ benefits anyway?

3. Sadly, I suspect the “robo-calls” bill, even if passed will be overturned by the US Supreme Court that has already said that those with lots of money have a right to more free speech than others.

4. Early voting and making election day a holiday may improve voter turnout.

— RHarnack
1:46 pm December 2nd, 2008

I agree with the many posts here that suggest enforcement of the existing C & I law could take care of this. The problem is that in almost all cases if the offender is smart enough to get an attorney, the charge will be reduced to some $25, no point violation which makes it meaningless. The same would happen with a cell phone ban.

That being said, I do believe it is extremely dangerous for people to drive while dialing or talking on a cell phone or texting. It is equally dangerous for people to be eating, reading a book or newspaper or anything else, putting on makeup or combing their hair, holding dogs and cats in their lap, turning around to deal with kids in the back seat, and anything else that distracts the driver from his/her primary responsibility to operate the vehicle in a safe and prudent manner.

I also agree that the ban should apply to police officers as well as the general public.

If your cell phone rings, it is reasonable to expect you pull off the road, take care of the call and then resume your travels, or, simply ignore any incoming call until you can get to a place where you can return the call.

But, unless judges will stop accepting plea deals with lawyers to reduce the offense of C & I down to a meaningless offense, it does no good for the police to issue tickets for this offense. The judges who plead these tickets down are as much of the problem as the offenders.

— JohnQPublic
4:54 pm December 2nd, 2008

Although I agree that many are abusing the cell phone use while driving, sometimes running stop lights, etc….I think it is a waste of the taxpayers’ dollars… I echo sentiments earlier that if you are banning cell phones, then you should also ban other distracting behaviors. I think cell phone users that cause accidents or wrecks should be double fined, but using government to ‘control’ human behavior in general is just plain wrong.

— Helen
6:06 pm December 2nd, 2008

I grew up in St. Louis, but have been living in Connecticut since 1986. In 2004, HB 5553 was passed by the CT General Assembly (GA) and signed into law by the governor. This CT law is similar to the one being proposed by Joe Smith to ban the use of cell phones while operating a motor vehicle. It took the sponsor of this bill, Rep. Dick Roy (D-119), 8 years to get it passed in the GA, even though his party (Democrats) have controlled the GA for 30+ years. First offense is a $75 fine, 2nd offense is a $150 fine and 3rd offense is a $250 fine. Now that the law has been on the books for 4 years, what have been the results of it? Well, this past Halloween, I had the good fortune to drive around the our town with a city police sergeant for a 3 hour tour. During that time, the sergeant must have made and received over a dozen cell phone calls while he was driving in his police car. I have seen state troopers talking on their cell phones while driving on I-95 and the Merritt Parkway. Bottom line: it is probably the most widely ignored law on the books in CT.

— Kevin G. Liddy
8:47 am December 5th, 2008