Louisiana faces a significant problem with distracted driving, which has led to alarming rates of fatalities and injuries. According to Louisiana’s Highway Safety Commission, in 2021 alone, 23,089 people suffered serious injuries due to distracted driving. Recognizing the urgent need to address this issue, state lawmakers have introduced Louisiana Senate Bill 98 as a potential solution.
Understanding Distracted Driving
Distracted driving refers to any activity that diverts attention from driving. It can significantly impair a driver’s ability to operate a vehicle safely, increasing the risk of accidents.
Distracted driving takes many forms:
- Sending or reading text messages and instant messages
- Making or receiving phone calls
- Using video call features or other smartphone applications
- Engaging in other distractions, such as eating, drinking, talking to passengers, and changing the radio
Several laws are in place to curb distracted driving. To comply with Louisiana laws, drivers can use hands-free devices such as dashboard mounts, speakerphones, and earpieces. Hands-free technology allows drivers to keep their hands on the wheel and eyes on the road while still using their phones for essential functions, including GPS navigation and calls.
Distracted Driving Statistics in Louisiana
Data from the National Highway Traffic Safety Administration (NHTSA) reveals there were 906 total motor vehicle fatalities in Louisiana in 2022 and an estimated 802 for 2023. The NHTSA reports recent distracted driving fatalities:
- 2022: 360 fatalities
- 2021: 403 fatalities
- 2020: 347 fatalities
- 2019: 326 fatalities
- 2018: 294 fatalities
Over five years, 1,730 people have lost their lives to distracted drivers. Despite slight annual variations, the number of distracted driving fatalities remains consistently high, indicating a persistent issue. This is compounded by the challenge of identifying distracted driving as the cause of crashes. The underreporting of specific distractions complicates efforts to address the issue effectively.
Louisiana Senate Bill 98
Senate Bill 98 (SB 98) is a legislative proposal in Louisiana that aims to reduce distracted driving by banning handheld wireless devices while driving. Sen. Patrick McMath (R) introduced the bill, which has bipartisan support, with Rep. Mandie Landry (D) also backing it.
Key provisions of SB 98 include:
- Ban on handheld phones and similar devices: Drivers are prohibited from using handheld wireless telecommunications devices while operating a motor vehicle on public roadways.
- Allowances for hands-free devices: The bill permits using hands-free devices for GPS navigation and calls.
- Clarification of laws: The bill aims to consolidate existing distracted driving laws and penalties and clarify what constitutes the unlawful use of wireless devices.
The Rationale Behind LA SB98
Supporters of SB 98 argue that stricter laws are necessary to address the growing problem of distracted driving. Lawmakers and safety advocates emphasize that the current laws, which primarily target texting while driving, are insufficient. They highlight the broader issue of drivers using phones for various purposes, significantly increasing the risk of accidents. Sen. McMath commented that he can’t count the times he’s witnessed people driving over 75 miles per hour while watching social media videos. He said, “This bill is about keeping … all of y’all safe.” If passed, the bill is expected to reduce distracted driving incidents and improve road safety in Louisiana.
Legislative Process and Current Status
Senate Bill 98 passed through the state Senate with bipartisan support and was fully written and approved on April 9, 2024. However, it failed to pass the House on May 8, with 22 lawmakers in favor and 71 against. Despite this setback, the ongoing debate and support for the bill suggest that further revisions and attempts at passage may occur in future legislative sessions.
Previous Legislation To Curb Distracted Driving
Louisiana has successfully implemented several laws to address distracted driving. One significant one is La. R.S. 32:300.5, which makes it illegal to use a cell phone for text messaging or posting to social networking sites while driving a vehicle on any public highway. This law carries a penalty of up to $500 for the first offense and up to $1,000 for subsequent offenses. The standard penalty is doubled for offenders involved in an accident.
Additionally, La. R.S. 32:295.2 prohibits motor vehicle operators from wearing headphones, with a penalty of $25 and court costs. Another related law, La. R.S. 32:300.8, bans drivers from using mobile devices in school zones during posted hours. Fines range up to $500 for first offenses. Subsequent offenders can be fined up to $1,000 and risk a 60-day suspended license.
Despite these laws, distracted driving remains a significant issue in Louisiana. Limitations of existing legislation include the narrow focus on specific activities, such as texting, while excluding other activities, such as using apps or making video calls while driving.
Senate Bill 98’s proponents believe it would be more effective by encompassing a wider range of activities. By prohibiting the use of handheld wireless telecommunications devices for all purposes, SB 98 addresses the broader issue of distracted driving. It also has fewer exceptions, only allowing drivers to use their phones to contact law enforcement to request help or report an incident.
The Public’s Opinion on LA SB 98
Public opinion on the legislation is sharply divided. Supporters, including victims’ families and safety advocates, argue for stricter laws to reduce distracted driving and prevent tragic accidents. AAA Vice President of Public Government Affairs Angela Nelson noted that Louisiana drivers are on their phones 30% more than those in other states. A spokesperson for AAA stated that drivers using phones are 12 times more likely to be involved in an accident, underscoring the importance of SB 98.
Suzanne Salter, whose daughter was killed by a distracted teenage driver, emphasizes the need for stronger measures to prevent these tragedies and their far-reaching impacts.
Another state resident, Anthony Summers, also supports the legislation, citing his experience of being severely injured after a driver crashed into his motorcycle.
However, opponents view the bill as government overreach. Louisiana resident Susie Labry argues that it infringes on personal liberties. Ed Tarpley, former district attorney of Grant Parish, expresses concerns that the bill’s restrictions are too broad and unnecessary, asserting that the government cannot outlaw every distraction. The debate over SB 98 reflects the ongoing national conversation about balancing public safety with personal freedom.
Potential Challenges
While SB 98 aims to significantly reduce distracted driving, it faces several potential challenges. One major concern surrounds the practicality of enforcement. Police departments may struggle to monitor and prove violations effectively, which could lead to inconsistent enforcement. This inconsistency could undermine the law’s deterrent effect, making the legislation less effective.
Another challenge is public compliance. Drivers might find ways to circumvent the law, such as using their phones more discreetly, which could increase distraction. Lawmakers and advocates will need to work together to successfully implement SB 98.
Similar Laws in Other States
Many states have enacted laws to fight distracted driving, focusing mainly on using handheld devices while driving. These laws vary in scope but share the common goal of reducing distractions and improving road safety.
- California’s “Hands-Free Law,” CA AB 1785, prohibits drivers from using handheld electronic devices for any purpose unless the device is in hands-free mode.
- New York’s “Cell Phone Law,” NY VTL § 1225-C and 1225-D, was one of the first statewide bans on using handheld phones and portable electronic devices while driving.
- Georgia’s “Hands-Free Georgia Act,” GA HB 673, bans all drivers from holding or supporting a phone with any part of their body. This applies to making calls, texting, using GPS, or other activities unless the device is used hands free.
Louisiana’s SB 98 is similar to these laws in its approach to banning handheld devices while driving. Currently, 30 states, Washington, D.C., Puerto Rico, and three U.S. territories prohibit all drivers from using cell phones while driving.
The Future of Distracted Driving Legislation
The bill’s supporters are expected to revise SB 98 to address concerns raised during the House review and reintroduce it in future sessions. If the revised bill passes the Senate and the House, it will be sent to the governor for approval.
If the bill is signed into law, the implementation process will begin. This will likely include public awareness campaigns and law enforcement training. These steps are necessary to inform drivers about the new regulations and to prepare police officers to enforce the law effectively. While the future of Louisiana’s SB 98 is uncertain, it could significantly reduce distracted driving incidents across the state.
For more information on supporting safe driving practices, consider taking the pledge to stop distracted driving.
