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The measure, which would upgrade the penalty structure for repeat offenders, was approved Monday by the Senate Law and Public Safety Committee by a vote of 4-1.
The bill, S-2181, would put in place a graduated penalty structure for repeat offenders who violate the state's hands-free cell phone law more than once in a 10-year period – a motor vehicle violation that, under current law, carries a $100 fine for first and subsequent offenses.
Under the bill as amended, first-time offenders would have to pay a fine of $200. Drivers convicted of a second offense within the 10 years of the first would have to pay a fine of $400, and drivers convicted of a third and subsequent offenses within 10 years of the first would have to pay a fine of $600 and face a 90-day driver's license suspension.Codey and Girgenti referenced a Car and Driver Magazine report that showed how long it took to hit the brake when sober (.54 seconds), drunk (add four feet), reading an e-mail (add 36 feet) and sending a text message (add 70 feet).
The Transport Research Laboratory study showed that reaction times were 35 percent worse for drivers sending a text message, as opposed to 12 percent worse for those at the legal limit of intoxication and 21 percent worse for those under the influence of marijuana.
Additionally, a Virginia Tech Transportation Institute study found that text messaging took drivers' focus away for 4.6 seconds, and a Clemson University simulator study found that text messaging and using an iPod caused drivers to leave their lanes 10 percent more often.
Codey and Girgenti said that despite the fact that police have written nearly 10,000 tickets per month since March of 2008 for violations of the hands-free cell phone law, many drivers continue to engage in the dangerous behavior.
A Farleigh Dickinson University Public Mind poll in 2009 found that 80 percent of the New Jersey drivers surveyed said that they very often see people driving a car while holding a cell phone.
"Despite public outreach, despite the dangers, despite police crack-downs, we still see drivers on our roads ignoring common sense and violating the State's hands-free cell phone law," Codey said. The senator sponsored the 2007 law making the use of a mobile phone without a hands-free device while driving a primary offense.
"Distracted drivers pose a serious risk to themselves and to others on our roadways, even more than drivers who get behind the wheel drunk. It's time that we get serious about our state's hands-free cell phone law, and the drivers who endanger themselves and others by ignoring that law," Codey added.
"If you look at the statistics regarding motor vehicle accidents and cell phone use, the need for tougher penalties is apparent," Girgenti said. He is chairman of the Senate Law and Public Safety Committee. "Allstate Insurance estimates that drivers who text behind the wheel are nine times more likely to get into a motor vehicle accident than someone who is obeying the rules of the road. We need to remove this danger from our roadways and ensure better compliance with our state's hands-free cell phone law, and tougher penalties will accomplish that."
While cell-phone related traffic accidents have decreased in New Jersey by more than 10 percent from 2006 to 2008, state Department of Transportation records indicate that more than 5,500 accidents involving people using hand-held cell phones were reported in that time period, resulting in more than 2,300 people being injured and 16 people being killed.
The bill now heads to the full Senate for consideration.
– TOM HESTER SR., NEWJERSEYNEWSROOM.COM
Maintaining the ban is not in the best interest of Virginians or visitors to the state. I know and know of people that will not drive in Virginia due to this ban. Unjust enforcement practices are not unheard of, and radar detectors can keep safe motorists from being exploited by abusive speed traps. Likewise, the ban has a negative impact on Virginia’s business community. Electronic distributors lose business to neighboring states and Virginia misses out on valuable sales tax revenue.
Radar detector bans do not work. Research and experience show that radar detector bans do not result in lower accident rates, improved speed-limit compliance or reduce auto insurance expenditures.
• The Virginia radar detector ban is difficult and expensive to enforce. The Virginia ban diverts precious law enforcement resources from more important duties.
• Radar detectors are legal in the rest of the nation, in all 49 other states. In fact, the first state to test a radar detector ban, Connecticut, repealed the law – it ruled the law was ineffective and unfair. It is time for our Virginia to join the rest of the nation.
• It has never been shown that radar detectors cause accidents or even encourage motorists to drive faster than they would otherwise. The Yankelovich – Clancy – Shulman Radar Detector Study conducted in 1987, showed that radar detector users drove an average of 34% further between accidents (233,933 miles versus 174,554 miles) than non radar detector users. The study also showed that they have much higher seat belt use compliance. If drivers with radar detectors have fewer accidents, it follows that they have reduced insurance costs – it is counterproductive to ban radar detectors.
• In a similar study performed in Great Britain by MORI in 2001 the summary reports that "Users (of radar detectors) appear to travel 50% further between accidents than non-users. In this survey the users interviewed traveling on average 217,353 miles between accidents compared to 143,401 miles between accidents of those non-users randomly drawn from the general public." The MORI study also reported "Three quarters agree, perhaps unsurprisingly, that since purchasing a radar detector they have become more conscious about keeping to the speed limit..." and "Three in five detector users claim to have become a safer driver since purchasing a detector."
• Modern radar detectors play a significant role in preventing accidents and laying the technology foundation for the Safety Warning System® (SWS). Radar detectors with SWS alert motorists to oncoming emergency vehicles, potential road hazards, and unusual traffic conditions. There are more than 10 million radar detectors with SWS in use nationwide. The federal government has earmarked $2.1 million for further study of the SWS over a three-year period of time. The U.S. Department of Transportation is administering grants to state and local governments to purchase the SWS system and study its effectiveness (for example, in the form of SWS transmitters for school buses and emergency vehicles). The drivers of Virginia deserve the right to the important safety benefits that SWS delivers.
Please sign this petition and help to repeal this ban and give drivers in Virginia the freedom to know if they are under surveillance and to use their property legally:
www.stoptheban.org
www.thepetitionsite.com/1/repeal-the-virginia-radar-detector-ban