No Texting While Driving - I feel safer Already

Well, where to begin.  The Kentucky legislature passed House Bill 415 and Governor Beshear Signed the the bill into law, therefore it's official.  Now, for those that have not been paying attention, this Bill does three main things.

1. It redefines some portions of KRS 216.712, which relates to Personal Service Agencies.  Honestly, I would need to read up and research that particular piece of regulation to know exactly how it's being changed.
2. Makes it illegal to "Text" while operating a Motor vehicle (Driving).
3. Makes it Illegal for those under 18 to us a Hand Held Cell Phone while driving.

I'm sure many will ask:

"What's the Big Deal"

If texting while driving is really that "Unsafe", I'm pretty sure we already had a few laws on the books, which coverred the dangerous/Unsafe driving.  Reckless Driving comes to mind first, because it pretty much covers all types of driving that is not safe and normal.  Therefore, if Texting causes you to weave, drive to fast, or just generally be unaware and dangerous, odds are you are Driving Recklessly.  Why do we need to specify Texting and Driving, it just doesn't make sense to me.

HB 415 actually states the following:

(1)     As used in this section, "personal communication device" means a device capable of two (2) way audio or text communication that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers communication to the possessor, including but not limited to a paging device and a cellular telephone.

(2)     Except as provided in subsection (3) of this section, no person shall, while operating a motor vehicle that is in motion on the traveled portion of a roadway, write, send, or read text-based communication using a personal communication device to manually communicate with any person using text-based communication, including but not limited to communications referred to as a text message, instant message, or electronic mail.

(3)     Subsection (2) of this section shall not apply to:

(a)     The use of a global positioning system feature of a personal communication device;

(b)     The reading, selecting, or entering of a telephone number or name in a personal communication device for the purpose of making a phone call;

(c)     An operator of an emergency or public safety vehicle, when the use of a personal communication device is an essential function of the operator's official duties; or

(d)     The operator of a motor vehicle who writes a text message on a personal communication device to:

1. Report illegal activity;

2. Summon medical help;

3. Summon a law enforcement or public safety agency; or

4. Prevent injury to a person or property.

As you can see, Texting has been pretty clearly defined, and even includes sending e-mail.  However, it is pretty limiting, considerring I have seen many other items which are just as "Dangerous" as Texting.  Obviously, it's just fine to Play Games on your phone while driving, hunt through your address book, use the built in GPS for Directions, or even watch a movie.  None of those items are Illegal as defined in the Bill.  I can't understand why that oversight was missed when regulating NO TEXTING WHILE DRIVING, which should be "Common Sense", and already regulated by Dangerous and reckless driving.

Speaking of Regulating Common Sense, why did they stop at just Cell phone usage and texting.  There are many more "Dangerous" things done while driving and here are a few examples.

• Eating and Driving - Spilling food and drinks is always BAD
• Putting on Make-up (Ladies you know better, and if this applies to men, Well, I won't even comment any more about that.)
• Shaving while Driving - (Either shave at home, or don't shave at all, I'm a fan of the latter most of the time)
• Hunting for a Radio Station and Driving - Eyes on the road, not the radio
• Talking and Driving (It's true some have trouble with this)
• Scolding Children while Driving (we've all done it... Scolded our children and inadvertantly jerked the wheel)
• DWA (Driving While Angry) - This is just bad altogether

Truly a Shame:

I'm sure Lawmakers are extremely proud of this legislation, but it's really sad, because valuable time was spent negotiating and voting for this piece of useless legislation, that obviously took away from other useful legislation.  As an example, YET AGAIN, a Budget was not passed, therefore taxpayers will be forced to  pay more for the House, Senate, and their Staff to hold a special session to try and hash out a Budget before June 30.  IF Not, non-essential state personell will be out of work starting July 1.  As a side note, the courts have not determined if the State Police are considerred "Essential" Personell yet, therefore, how safe will you feel if the State Police are not out patrolling our roadways?

Of course, I'm sure there was other legislation besides just the State Budget that could have been discussed if the time was not taken by a useless texting law.  For Example, the FFA legislation was not even heard in committee, and that bill could have actually created Jobs and strengthened our State rights, but NO, we can't discuss or vote on that.

In Conclusion:

For the many Driving Texters who are reading this,  you don't have to stop Cold Turkey, you can Ween yourself off the habit slowly. Written Directly in the Bill, is WHEN tickets can be written and how much they will cost.

(a)     Prior to January 1, 2011, any person who violates Section 2 or 3 of this Act shall not be issued a uniform citation, but shall instead receive a courtesy warning.

(b)     On or after January 1, 2011, any person who violates Section 2 or 3 of this Act shall be fined twenty-five dollars ($25) for the first offense and fifty dollars ($50) for each subsequent offense.

That's right, you see it, Up until 2011, you are free to text and drive all you want.  I would even challenge you to pull up next to your favorite officer at a traffic stop and text away.  As I read the law, the best they can do is write you a warning,  until Jan 1, 2011,  but I am not a lawyer and this is not legal advice.  Anything you do after reading this is at your own risk and YOU and noone else can be held responsible for your actions.

OK, Maybe I'm not really Done yet:

For the rest of you who feel this law is utterly stupid (Like Myself), I think we should organize a Texting while Driving Day.  We could even rally in Frankfort during the Special Session of the General Assembly, while lawmakers are supposed to be finalizing a Budget.  We could Line up and drive up and down Capital Ave and around the capital building while sending text and e-mail messages.  We could even send messages to our lawmakers stating what legislation they should have spent time discussing instead of wasteing it on Texting and Driving.  We could also remind them how much Taxpayer dollars they are wasting by not approving a budget during the general session.  This might take some more thought, so give me ideas on our Facebook Page - http://www.facebook.com/wilburburns,, I'd love to hear what others have to say. This could be huge.