LAPLACE – Among the more than 1,000 new laws put on the books during the 2010 State Legislative session are a handful of acts directly pertaining to the public safety of Louisiana residents. One major change has the attention of State Police troops across Louisiana is a new law tied to texting and driving.
Act 203, which became enforceable Sunday, makes text messaging, or using a wireless communication device while driving a motor vehicle, a primary offense for all Louisiana drivers.
 Texting while driving became an offense for which one can get pulled over in Louisiana this week. It is just one of more than 1,000 laws that were signed by Gov. Bobby Jindal after the last Legislative session. (Staff photo by David Vitrano) |
Smith said the law applies to any method of text-based communication by way of a cellular phone. He said any driver caught in the act would be pulled over and ticketed.
“You would be surprised by how many drivers we see sending texts from behind the wheel of a vehicle,” Smith said. “That brief moment of lost focus can be life or death in some cases.”
The new law also prohibits drivers 17 years of age or younger to operate a vehicle while using any “wireless communications device.” Smith said that list includes cell phones, PDAs, laptops, pagers and other devices. The law does not bar drivers over 18 from using cell phones.
According to statistics from the National Highway Traffic Safety Administration, nearly 6,000 people died in 2008 in crashes involving a distracted driver, and more than half a million were injured.
“I think that if you polled Louisiana State troopers, the majority of them would support a complete ban on hand held devices while driving,” Smith said. “Anything that eliminates distraction and influences public safety would have our support.”
The fine for text messaging while driving is $175 for the first offense and $500 for each offense after that. The fine doubles if the offending driver is involved in an accident while text messaging.
The fine for minors using a cellular phone while driving is $100 for the first offense and $250 for each offense after that.
State legislators also passed laws improving the safety of bicyclists sharing roads with vehicles. Act 813 allows persons riding bicycles on roads with an improved shoulder the option of riding on the shoulder instead of the roadway lane of travel.
“The law gives cyclists that extra bit of cushion on major roads,” Smith said. “Motorists are reminded, however, that on roads without shoulders, cyclists must be allotted a birth of 3 feet between car and bike.”
The new law also states that every bicycle in use at night on public roads must be equipped with front and rear lighting that can be seen within 100 and 600 feet. The law also adds new information to driver’s education courses regarding sharing the road with pedestrians, bicyclists and public transit vehicles.
Other laws that went into effect Sunday include:
• Act 1039: Increases the amount of time a minor with a learner’s permit must spend in supervised “behind the wheel training” to 50 hours, with at least 15 of those being night time hours.
• Act 506: Expands drug free zones from 1,000 feet to 2,000 feet from designated properties.
• Act 925: Prohibits carrying a concealed weapon on any school property, including on school buses. It also authorizes concealed handgun permit holders to carry a concealed weapon within 1,000 feet of school property.
• Act 516: Defines the practice of “sexting” as the sending of pornographic text or images via a cellular device and makes the practice a crime when it involves juveniles.
• Act 989: Creates the crime of “Cyber Bullying” and defines it as the transmission of any electronic textual, visual, written or oral communication with the malicious and willful intent to coerce, abuse, torment or intimidate a person under the age of 18.
Additional laws enacted during the 2010 Louisiana Legislative Session can be viewed at www.legis.state.la.us.
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