February 2020: Indiana HB 1070 Moves to Senate for Final Vote
The proposed Indiana Distracted Driving Law, Indiana House Bill 1070, passed with a vote of 86-10 on January 29, 2020. Now its future lies with the Indiana Senate, as lawmakers returned to the Indianapolis Statehouse this week for the remainder of the 2020 legislative session.
From the legislative website, HB 1070 is described as follows:
Distracted driving. Provides that a person may not hold or use a telecommunications device in the driver’s seat of a motor vehicle while the motor vehicle is in motion unless the device is used in conjunction with hands free or voice operated technology or used to call 911 to report a bona fide emergency. Removes prohibitions on typing, transmitting, or reading a text message or an electronic mail message while operating a moving motor vehicle.
For more, read: “Cellphone Ban, Pregnancy Accommodations Face Indiana Debates,” published by the Associated Press and shared by U.S. News & World Report on February 10, 2020.
High Likelihood that HB1070 Will Become Law in 2020
Assuming that the Senate follows suit and votes for its passage, this new Distracted Driving bill is likely to become effective state law within a few months. (Its effective date would be July 1, 2020.) The Governor wants it passed.
In his 2020 State of the State Address, Governor Eric Holcomb said that Indiana “must join 21 states that have already passed a ‘hands-free device driving law,’ … because [d]istracted driving increases the risk of a crash by more than 3½ times and is a leading killer of teenagers in America. This is unacceptable and avoidable.”
Editorials are being published across the state in support of its passage, as well. See, e.g., Fort Wayne’s News-Sentinel commentary from this week and yesterday’s op-ed by the Tribune Star’s Editorial Board.
Distracted Driving Law Outlaws Drivers from Holding Phones While Driving
This new law is not as prohibitive as distracted driving statutes passed in other states. The proposed Indiana Distracted Driving Law does not prohibit a driver from using their phone while driving.
Instead, it acts to limit any Hoosier driver from holding (or otherwise operating) a cell phone while the motor vehicle is moving unless the driver uses either a hands-free device or voice-operated technology. The exception to this general rule is if the driver needs to use his hands to call 911 during an emergency.
The Current Indiana Distracted Driving Law
Of course, Indiana does have legislation aimed at curtailing distracted driving. Hoosiers are not allowed to text while driving.
Since July 1, 2011, it has been against the law in the State of Indiana for a driver to type, transmit, or read e-mail or text messages on a communication device while operating a motor vehicle. Drivers who are caught violating the current law can be fined up to $500. For more, read: Current Indiana and Illinois Laws on Distracted Driving: Dangerous But Not Against the Law (yet).
If passed, the new Indiana Distracted Driving Law would remove the current law’s prohibitions on typing, transmitting, or reading a text message or an electronic mail message while operating a moving motor vehicle.
Will The New Distracted Driving Law Help Save Lives? Maybe Not.
While combating serious and fatal accidents caused by distracted driving on Indiana roadways is commendable, there are those who argue hands-free prohibitions are insufficient to protect Hoosiers from distracted driving injuries.
Those concerned include Indiana legislators – some of whom have voted against HB1070’s passage despite their concerns over distracted driving dangers. Read, “Here’s why some representatives of both parties voted against the distracted driving bill,” written by Kellie Hwang and published by the Indianapolis Star on February 8, 2020.
- Reservations include the ability of law enforcement to catch drivers violating a new hands-free law, should it become effective. How are police officers to enforce this new legislation as they monitor traffic in real-time out on Indiana streets and highways?
- Another concern is that the proposed legislation does not do enough to stop drivers from being distracted. As written, some worry that drivers can be distracted by text-free phones mounted on their dashboards or consoles just as much as if the phone were in there hands. Distraction remains with the new law, as written.
Illinois’ National Safety Council warns that “Hands Free is Not Risk Free.” In their 2012 White Paper entitled “Understanding the Distracted Brain: Why Driving While Using Hands-Free Cell Phones Is Risky Behavior,” the NSC explains that “multitasking” with hands-free phones is not any safer because the driver remains cognitively distracted by the hands-free device.
Studies reveal this is true even though drivers perceive they are safer drivers when using hands-free phone devices, as their driving reveals decreased performance with the hands-free phone alternatives. NSC White Paper, page 12.
For more, read:
- Hands-Free Devices Do Not Make Driving Safer: Cognitive Driver Distraction Using Hands-Free Phone.
- Fed’s NTSB Wants to Ban Big Rig Commercial Truck Drivers From Using All Cell Phones Even Hands Free Phone.
- ARE DASHBOARDS DEADLY? VEHICLE INFOTAINMENT SYSTEMS AND FATAL ACCIDENTS.
Victims of Distracted Driving Accidents in Indiana
Of course, the goal here is to keep Indiana roads safer from drivers distracted by the phones while they are behind the wheel. There is no dispute that distracted driving kills.
It is likely that HB 1070 will become law in the State of Indiana this summer. Whether or not it will be successful in decreasing the risk of serious injury or death in a distracted driving accident is debatable. Furthermore, it is expected that distracted drivers will still be on the roads using their phones in violation of state law, no matter how stringent, under the assumption that they can do so without getting caught or causing a crash.
Current Indiana laws do provide avenues for justice to those who are victims of distracted drivers and either perish in the accident or suffer severe and permanent bodily injuries as a result. Negligence laws as well as wrongful death laws are in place to help these distracted driving victims and their families.
For more on distracted driving in Indiana, read:
- Employer Liability for Distracted Driving Accidents in Indiana or Illinois
- 2017 Distracted Driving Awareness: Danger in Indiana and Illinois
- Distracted Driving Cause of Accidents: Proving Fault in a Car Crash
- Distracted Driving Status Report Released: Dangers Abound from Driver Distractions.
Today, drivers on Indiana roads are allowed to use their phones while driving. Distracted driving is a serious danger facing all Hoosiers. Please be careful out there!
