The Hoosier State is poised to join 21 others, including Illinois, that prohibit drivers from using handheld mobile devices in nearly all circumstances.
On Wednesday, the House Roads and Transportation Committee unanimously approved legislation barring drivers in Indiana from operating a telecommunications device, or even holding it in their hands, while their vehicles are in motion.
Under House Bill 1070 (http://iga.in.gov/legislative/2020/bills/house/1070), drivers still could employ hands-free or voice-activated mobile devices in their vehicles. The measure also is expected to be clarified to authorize the use of dash-mounted telecommunications equipment.
But any other handheld mobile device use, including making a telephone call — except when dialing 911 to report a bona fide emergency — sending a text message or email, using the internet, or even accessing a navigation app would be prohibited.
If enacted into law, police could pull over and ticket a motorist if the officer spots a driver holding a mobile device for any reason while his or her vehicle is in motion. The driver would not have to be speeding or committing another moving violation to trigger enforcement.
Violations are punishable by a fine of up to $500.
Doug Carter, superintendent of the Indiana State Police, said 48 people died last year in Indiana due to distracted driving, and hundreds more were injured in crashes directly caused by drivers holding or using phones while operating a motor vehicle.
He acknowledged that while drivers also can be distracted by changing radio stations or eating, "the probability of distraction is highest with the use of a device in your hand, and I think that is where we should start," he said.
Indiana lawmakers initially made it illegal in 2011 for drivers to type, transmit, or read email or text messages while their vehicles are in motion. Holding a phone to talk was not banned.
In 2016, however, a federal appellate court essentially neutered that law, since the court said police almost never can tell whether a driver is illegally texting, or using his or her phone to check the weather, look at a photo or use an app — none of which is prohibited.
The sponsor of House Bill 1070, state Rep. Jim Pressel, R-Rolling Prairie, said his proposal, which this year won the endorsement of Republican Gov. Eric Holcomb, eliminates all those exceptions by clearly banning drivers from holding a mobile device any time their vehicles are in motion.
State Rep. Ed Soliday, R-Valparaiso, who led the effort to enact the 2011 texting while driving ban, said Pressel's legislation effectively responds to the enforcement issues of the earlier statute.
"I don't know what perfect is, but I do know this is a huge step forward," Soliday said.
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