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Washington - 2010 UpdateIn 2010 the State of Washington is considering further distracted driving legislation. The bills listed below are in the early stages of evaluation by the legislature. Washington Senate Bill 6345 - 2/5/2010 Update The Washington state Senate has passed a measure that will make the existing cell phone and text messaging law a primary offense. Under the previous version of the law, a driver would have to be creating another primary offense such as speeding or running a red light before they could be ticketed for a Cell Phone or Text Messaging violation. The fine for an offense would be $124. The new bill also prohibits cell phone use for drivers under the age of 18 that hold a learner's permit or an intermediate license. The measure will now move on to the house for further review. Washington Senate Bill 6345 - Summary of Bill (Recommended Substitute): The holder of an instruction permit or an intermediate license may not use a cell phone or other wireless communication device while driving a motor vehicle. An exception is made if the wireless communication device is being used to report illegal activity, summon medical or other emergency help, or to prevent injury to a person or property. For all drivers, a violation of the laws relating to the use of a cell phone or other wireless communication devices while operating a moving motor vehicle may be enforced as a primary action. Washington Senate Bill 2635 - Prohibits the holder of either an intermediate driver's license or an instruction permit from operating a motor vehicle while using a wireless communication device except in the case of an emergency. Allows the laws relating to the use of a cell phone or other wireless communication devices while operating a moving motor vehicle to be enforced as a primary infraction for all drivers More information will be provided as it becomes available. Washington Text Messaging and Cell Phone LawsWashington State has two cell-phone related driving laws that began in 2008. The first one was EHB 1214 and took effect on January 1st, 2008. EHB 1214 bans text messaging and makes it a traffic infraction. This is not a hands-free ordinance, but a complete ban on text messaging. Like similar driving laws across the United States there are exceptions during emergency situations or for on-duty public safety personnel. This is a secondary enforcement law, which means that you will only receive a ticket if you have been pulled over for another driving violation. Like the hands-free violation, this infraction is not placed on your driving record or reportable to employers or insurance companies. The other new Washington State driving law that went into effect in 2008 was the hands-free law (ESSB 5037). This hands-free cell-phone law prohibits the use of a wireless device such as a cell-phone being held to your ear while you are driving. Unlike the text messaging ban, you are allowed to use your cell-phone if the communication is made using hands-free device such as a bluetooth headset or wired headset. You can use your cell-phone without a hands-free device if it is a emergency situation or if you are reporting illegal activity.ESSB 5037 does not apply to a person with a hearing aid. Like the text messaging ban above, the Washington State hands-free driving law is a secondary enforcement law. You will only receive a ticket for this if you are pulled over for the usual type of traffic violation such as speeding or running a stop sign. This violation will not go on your driving record and employers and insurance companies will receive no information regarding the violation. Hands-free devices, such as bluetooth headsets and wired headsets are good choices for hands-free driving. Bluetooth wireless car kits are also a good option, but they are more expensive than the other two options. In my experience, the wired headsets are an excellent value for the hands-free experience. For a summary and pictures of the hands- free choices available please check out our article on "Being Hands-Free" on this website. We will explain all of your hands-free options and give you enough information to make an intelligent choice. Our Sponsor Provides Free Auto Insurance Quotes
Exceptions to the New Washington State Hands-Free LawWe have had many inquires on exceptions to the new Washington State hands-free law. Most of these questions have been about the use of two-way radios. I have posted the exceptions and a link to the source document below. The prohibition against operating a moving vehicle while holding a wireless communications device to one's ear does not apply to:
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Summary - Hands-Free & Text Messaging Ban
EHB 1214: Bans driving while text-messaging, starting in January 2008.
ESSB 5037: Bans driving while using a handheld cell phone without a hands-free device, starting in July 2008.
To Read the Full Text of the hands-free and text-messaging laws please see the legislation at the Washington State Website.
Other State of Washington Information on this Website
Washington State Drunk Driving Laws, Penalties & Fines
Washington State Teen Driving Laws and Insurance Requirements
