Transportation 30

Yesterday Kansas become the 26th state to pass a texting while driving ban, as Gov. Mark Parkinson signed an anti-texting bill into law. The new law prohibits an operator of a motor vehicle on a public road from texting.  In the bill, “texting” is defined as using a wireless communication device to write, send, or read a written communication. The bill includes exceptions for law enforcement and emergency service personnel; receiving emergency, traffic, or weather related messages; reporting illegal activity to law enforcement; and using a wireless communications device to make or receive a phone call.

Note that law enforcement will be required to issue a warning citation for violations until January 1, 2011 and the subsequent fine for unlawful texting will be $60 per incident.

In April we reported that the Federal Motor Carrier Safety Administration is proposing to toughen the punishment under its current texting ban that was established in January.  In addition to the steep fines now in place (up to $2,750 for each texting offense), the proposal seeks to suspend commercial drivers caught texting while driving.  In addition, part of the proposal seeks to add state or local anti-texting laws to the list of serious traffic violations that can lead to disqualification for CDL drivers so motor carriers operating through Kansas should keep this in mind.