New Jersey, Alberta legislation targets distracted drivers

An effort to beef up the punishment in New Jersey for driving while talking or texting on a cell phone is on the move again at the statehouse. Elsewhere, lawmakers in Alberta, Canada, recently approved their own distracted driving legislation.

The New Jersey Senate Budget and Appropriations Committee voted 7-4 Monday, Nov. 15, to advance to the Senate floor a bill that would upgrade the penalty structure for repeat offenders of the state’s distracted driving law. If approved there, it would move to the Assembly.

New Jersey law already allows police to pull over drivers for typing, reading or sending text messages while at the wheel. Primary enforcement of the state’s ban is allowed on drivers using any cell phone that is not a hands-free device.

In place since 2004, the law was changed to allow for primary enforcement in 2008. Violators face $100 fines.

Sponsored by Sen. Richard Codey, D-Essex, the bill – S2181 – would put in place a graduated penalty system when dealing with distracted drivers.

First-time offenders would pay $200 – double the current fine. Repeat offenders would be on the hook for $400. A third offense would result in a $600 fine, as well as a possible 90-day driver’s license suspension.

Violators would have to go 10 years between offenses to avoid the increased penalties.

Critics say the existing laws in New Jersey that cover careless and reckless driving are sufficient.

Codey said he is hopeful the tougher fines would make drivers think twice before talking or texting while at the wheel.

“The current penalty structure has proven to be an ineffective deterrent against dangerous driving practices,” Codey said in a statement. He is hopeful the changes sought will send “the message loud and clear to anyone who’s currently ignoring the state’s hands-free law. It’s time to put the phone away and pay attention to the road.”

A Canadian province this week approved a distracted driving law that is aimed at getting drivers to focus on the road. Beginning next summer, police in Alberta can ticket drivers for talking on a hand-held cell phone or texting.

Talking on a hands-free device will still be allowed.

Of interest to truckers, CB radio use will also not be affected by the law.