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'Distracted driving' is bill's focus

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DES MOINES - Hold your cell phone. Lawmakers are taking a dim view of other distracting activities drivers do such as text, read, eat, drink, apply makeup, interact with pets or watch TV.

Senators began work Tuesday on a proposal to expand the offense of careless driving to include driving while distracted punishable by a $25 fine. The simple misdemeanor could be assessed if a driver was cited for a moving violation or causing an accident.

"We're trying to get people to stop doing those things that might be dangerous to another person on the road," said Sen. Steven Sodders, D-State Center, who also has been a Marshall County deputy sheriff with 21 years in law enforcement. "It's a safety issue."

Rather than seeking to ban activities associated with driving that have run into legislative road blocks, backers of Senate Study Bill 1217 are taking a different tack by adding a distracted driving offense to the careless driving statute covering drag racing, squealing tires or abrupt turns.

"I think the concept of addressing distracted driving is better than the concept of addressing individual activities that may or may not cause a public safety problem," said Sen. Steve Kettering, R-Lake View. "I think there's some merit into looking at all these concepts in a broader sense."

The new driving while distracted provision would include a host of activities deemed potentially hazardous including using a cell phone, text-messaging device, two-way wireless device, a computer, video game device, television, digital videodisc player, mobile electronic device, or engaging in eating, drinking, reading printed material, writing, interacting with pets, reaching for or maneuvering unsecured cargo, interacting with passengers in the back seat or performing a personal grooming activity.

Not included under the distracted driving offense would be talking to backseat passengers, using a global positioning system device, operating an audio system installed in the vehicle, operating an amateur radio if federally licensed or using a cell phone or other communication device to make a 911 emergency call.

The proposal's first blush drew opposition from county attorneys, civil libertarians and public defenders.

"The language is much too broad and covers way too many things than is necessary," said Mark Smith of the state public defender's office.

Sodders called the measure "a work in progress" and said some of the activities may be pared down to address those that are inherently dangerous to driving.

Ross Loder of the state Department of Public Safety applauded any effort to raise the awareness about distracted driving, noting that state troopers report some "pretty amazing things that they've seen people do in moving cars."

However, he said it may be easier for law officers to charge a driver with failure to maintain control than prove elements of two different violations as the bill requires.

Contact Rod Boshart at (515) 243-7220 or rod.boshart@gazcomm.com.

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