Many Nebraska state senators would support texting ban

Associated Press | By Eric Olson on December 26th, 2009

A woman sends text messages while driving in Concord, N.H. As of Jan. 1, New Hampshire, Oregon and Illinois will join more than a dozen other states, the District of Columbia and Guam in having bans on sending text messages while driving, according to the Governors Highway Safety Association. (AP Photo/Jim Cole)

OMAHA — A majority of the Nebraska state senators who participated in an Associated Press presession survey believe sending or receiving text messages behind the wheel should be banned for all drivers, not just young ones.

As of Jan. 1, texting while driving will be against the law in 19 states and the District of Columbia.

Scottsbluff Sen. John Harms said he’ll introduce legislation in 2010 that would extend the texting ban in Nebraska to all drivers. Harms sponsored a bill that passed in 2007 over Gov. Dave Heineman’s veto that prohibits drivers younger than 18 from using a mobile device while driving.

“I have a real concern about it,” Harms said, “and I think it can save lives.”

Of the 33 senators who responded to the AP survey, 22 answered yes to a question asking if texting should be banned for all drivers. Five senators answered no and six were unsure. Sixteen did not participate.

The AAA Motor Club and the National Safety Council are encouraging all states to outlaw any cell-phone use and texting while driving.

“Texting requires at least one hand and diverts a driver’s attention from the road,” Omaha Sen. John Nelson said. “This endangers other drivers and is a public safety issue.”

Since 2002 the state has tracked the number of traffic accidents stemming from mobile-device distractions. There were 141 such crashes in 2008, including 68 injuries and one fatality.

There were 121 cell-phone-related crashes in 2007, with 59 injuries and no fatalities.

Nebraska Highway Safety Administrator Fred Zwonechek said the statistics do not differentiate between a driver who was texting and a driver who was talking on a cell phone at the time of a crash.

“We suggest it’s probably way underreported,” he said. “Unless there is a witness or the driver admits they were on the phone, it’s one of those things the officer or trooper who’s investigating the crash may not be able to determine.”

A study by the Virginia Tech Transportation Institute concluded the collision risk was 23 times greater when drivers of heavy trucks texted while driving. Dialing a cell phone and using or reaching for an electronic device increased the collision risk about six times in cars and trucks, the study found.

Harms’ 2007 law affecting young drivers is considered a secondary offense, meaning the driver must first be ticketed for another traffic offense.

Harms said his 2010 bill will propose that texting-while-driving be a primary offense, meaning a person spotted texting can be stopped and ticketed.

Ogallala Sen. Ken Schilz and North Platte Sen. Tom Hansen said negligent-driving laws already address the issue, but Lincoln Sen. Tony Fulton disagrees.

“Such a law should be crafted with recognition that existing laws for distracted driving have not been adequate to curb this dangerous and irresponsible practice,” Fulton said.

But Fremont Sen. Charlie Janssen and Tekamah Sen. Kent Rogert said a texting ban would be difficult to enforce.

Harms said using a cell phone in any manner while driving should be outlawed, but he doesn’t believe an all-encompassing ban would pass. He said texting can require a driver to take his or her eyes off the road and is generally more of a distraction.

“They’re both dangerous,” Harms said, referring to texting and talking, “but texting is worse than just using the cell phone itself.”