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Published Saturday, June 05, 2010 in Local

New state laws aim at making roads safer

By Sarah Fay Campbell

The Newnan Times-Herald

Gov. Sonny Perdue has signed three bills aimed at making Georgians safer on the roads.

On Thursday, Perdue signed Senate Bill 458, which removed the seat belt exemption for pickup trucks.

On Friday, Perdue signed both House Bill 23, which makes it illegal for anyone under the age of 18 to use a cell phone while driving, and SB 360, which forbids everyone from texting while driving.

In recent weeks, Perdue had expressed concerns about the texting while driving bill, and had stated he was undecided on whether to sign or veto it.

Those concerns led to a flurry of calls, e-mails, and even text messages from supporters of "Caleb's Law," named after a teenager who died last year in a head-on collision that happened while he was texting and driving.

Perdue said Friday he only signed the bill after being assured by the bill's sponsors that they would address his concerns in legislation next year.

"Because of the sponsors' assurances, I have decided to sign SB 360," Perdue said. "I hope that we will all commit to driving safely, free of distraction."

The texting ban applies not just to the writing of a text message while driving, but also to the sending of it or the reading of "any text-based communication" on a "wireless telecommunications device."

In Coweta on Friday, reaction was mixed to the seat belt law for pickups and the teen cell phone law, but most everyone agreed the texting ban was a good thing.

At ages 19 and 18, siblings Kathleen Duncan and Elliott Duncan don't have to worry about the cell phone ban affecting them.

Even so, they feel the law goes too far. "It's a little extreme," said Kathleen, though she would support a bill that only allows teens to talk on hands-free devices.

Her brother agreed. "I don't think it should be a law" forbidding all cell phone use by teens who are driving, he said.

Kathleen said she thinks it will be hard to avoid texting while driving, but she agrees that passing the law is a smart thing to do.

They also agree with the pickup truck seat belt law.

As for their mom, Beth, she's happy all three bills have been signed into law.

"I'm fine with it," said Clayton Foster, who will be a senior at East Coweta High School this fall. "For one, I don't have the skills to text and drive anyway. For two, it's not safe."

He thinks the new laws can reduce the number of accidents, but there are "many other things that teens crash because of."

Taylor Horton, age 14, is still a few years away from getting to drive, but she's not too upset about the cell phone ban. "It's not a bad law... it will keep me safe, I know that," she said. She's sure, though, that some of her friends won't be so happy about it. She's totally in support of the texting ban.

Barbara Wetherington and Jesse Merriman expressed their support for all three bills.

One longtime pickup truck driver who preferred to remain anonymous loves all three new laws.

The seat belt law won't make much difference to him, however. "I wear mine all the time," he said. "I've been wearing it 20-something years."

Pickup driver Anthony Hodo had a similar opinion. "I always put mine on anyway," he said.

Pickup driver Joe Cole isn't as happy about it.

"I don't care to wear one, period," he said. He's been in several wrecks while not wearing his seat belt and "walked away from all of them."

He's in favor of the cell phone and texting bans, but added those aren't the only distractions drivers face. "I've seen women putting on makeup while riding down the road; I don't think you ought to be able to do any of that, but especially texting," Cole said. "You've got to look at your phone too much. You can't pay attention to the road."

After Perdue signed the teen cell phone bill, but before he signed the texting bill, Steve St. Laurent said "there aren't many teens on the interstates driving morning and afternoon rush hour, when I see the most stupid behavior by adults. Perdue had better sign the companion bill that will ban adults from texting while driving."

Both the texting and teen cell phone bills carve out exemptions for truly necessary phone calls and messages -- those that report a traffic accident, a medical emergency or serious road hazard; those that report a situation in which the driver believes his or her personal safety is in jeopardy; and those that report or prevent a criminal act against the driver or another person.

The laws also state that phones can be used, and text messages sent, "while the motor vehicle is lawfully parked."

The texting bill makes exceptions for utility employers or contractors responding to a public utility emergency, and for public safety officials who are sending messages during the performance of their official duties.

Violating either the teen cell phone or texting ban carries a penalty of $150 and one driver's license point, and if a teen is involved in an accident while violating the ban, the fine is $300.

Driving while distracted is, technically, already a crime in Georgia. The Official Code of Georgia states that "a driver shall exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions which shall district such driver from the safe operation of such vehicle."

The code further states that, except as prohibited by other laws, "the proper use of a radio, citizens band radio, mobile telephone, or amateur or ham radio shall not be a violation of this code section."

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