New hands-free law in effect
Discuss | Email | Print Mary Holland | The Argus
July 02, 2008 - 11:30 AM

Cell phone use in cars has steadily risen over the past decade and so have mishaps on Washington state roadways.

As of July 1, police can issue citations to drivers talking on a hand-held cell phone.

“The main reason for this is safety,” said Washington State Patrol Captain Jeff DeVere. “We want people focused on their driving.”

The infraction will be a secondary offense and drivers will not be pulled over solely because they are talking on the phone, according to Senate Bill 5037.

“This law is similar to the seat belt law,” DeVere said.

If they are guilty of speeding, swerving, driving while under the influence or driving aggressively, drivers may be subject to an additional $124 fine under this law.

A bill passed in 2007, which took effect in January 2008, banned text messaging while driving, which is also a secondary offense and carries a fine of $124 in addition to the primary infraction fine.

“Two hands on the wheel are safer than one,” DeVere said.

Although drivers may be caught talking on a hand-held device, the offense is not considered a moving violation and will not become part of your driving record or reported to insurance companies, said Will Reichardt, chief criminal deputy for Skagit County Sheriff’s office.

“Right now, it won’t be reported. But over time, it might become a primary infraction,” Reichardt said.

There are certain exemptions from the law. Emergency and law enforcement vehicles, tow trucks responding to calls and people reporting criminal activity, with hearing aids or in an emergency situation are all exempt from receiving an infraction.

“If you are in an emergency, you’re usually not paying attention to your driving — you should pull over anyways,” DeVere said.

The same laws apply to out-of-state drivers and teenagers as well.

Law enforcement is advocating that parents talk to their teenagers about the new driving laws.

“We’ll start out by educating people. If we don’t seem to be getting their attention, we’ll enforce it,” Reichardt said.

Washington law enforcement encourages people who are using hand-held cell phones while driving to use single in-ear, hands-free devices, voice-activated systems or a hands-free speaker phone.

“Right now, we’re just trying to get the word out about when it takes effect. We hope people will use their common sense and follow the law,” Reichardt said.

For more information, visit http://www.leg.wa.gov/legislature and type bill number 5037 under the bill search heading.

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