Bill passes making cell phones, texting while driving primary offense

Police may soon be able to pull over those cars whose drivers are talking on a handheld cell phone.

The House reversed course Thursday night and, in an agreement with the Senate, approved a bill to make such behavior a primary offense.

This bill, which now heads to the governor, also makes it a primary offense to type out text messages while driving. It would become law June 9.

And it bans all cell phone use for licensed drivers under 18, allowing police to stop those younger drivers even if they’re using a headset.

“I’ve fought for this for 10 years, and sometimes I thought this day would never come,” Sen. Tracey Eide, D-Federal Way, the bill’s sponsor, said in a prepared statement. “Maybe now people will pay attention to their driving instead of their conversations.”

Currently use of hand held cell phones is a secondary offense meaning police can write up the $124 ticket only if they stop a driver for another offense, such as speeding or failure to use a seatbelt. Originally, the House wanted to keep it that way, but reconsidered on a 60-37 vote.

Rep. Mike Hope, R-Lake Stevens, who is a Seattle police officer, voted for the bill primarily because of its ban on texting defined under the bill as reading, writing or sending text messages. There are exceptions for emergencies in both the adult and under-18 provisions.

“Nobody should be driving down the road and think texting is safe,” he said.

While it applies to all law enforcement agencies, Hope said it will likely be enforced most often by the Washington State Patrol.

“It gives them another tool they can use to provide safety to the public,” he said.

Rep. Kirk Pearson, R-Monroe, voted against the bill.

“I believe it was a badly written piece of legislation,” he said, explaining that you can’t be cited if you’re holding the phone in front of you and talking rather having it next to your ear.

“I feel law enforcement has many other things to do than looking at people on their cell phones,” he said.

The proposed legislation is Senate Bill 6345.

Reporter Jerry Cornfield: 360-352-8623; jcornfield@heraldnet.com.

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