A measure seeking to ban handheld phone use at some times while driving advances on the last day for legislative committees to pass bills.
As advanced, Senate Bill 132 prohibits any handheld smart phone use in school or construction zones. The bill expands Oklahoma’s recently adopted ban on texting while driving.
"This legislation — I do believe passed two or three years ago — it was texting when driving, but the problem for law enforcement and many is you can do more on an electronic device than text," said bill author Sen. J.J. Dossett.
Though the measure was advanced by the public safety committee, there was concern the fines are too low.
The fines are $100 dollars if the driver is caught using the phone, up to $2,000 if there’s an injury accident and up to $5,000 if there’s a fatal accident.
"The idea here is not to fine people through the roof where they can't afford a simple fine for breaking the law. The idea is to, hopefully, prevent them from being distracted while they operate a potentially deadly piece of machinery," Dossett said.
Critics said SB132 isn’t needed because police already have discretion under distracted driving statutes to cite drivers doing anything from using the phone to eating. Sen. Ervin Yen asked Dossett about that.
"Isn't it true that if you go outside and drive down Lincoln, you might see somebody eating a Big Mac and driving? But I could guarantee you, you'll see somebody texting while they're driving a vehicle," Yen said.
"I am of the same opinion, that one danger is more common than the other at this point in time," Dossett said.
Dossett said besides promoting safety, his bill protects drivers’ privacy because it eliminates the need for police to look at drivers’ phones to determine whether they were texting. Dossett expects changes to the bill before it's heard on the Senate floor.
