By John Lyon
Arkansas News Bureau

LITTLE ROCK — Law enforcement agencies across Arkansas are preparing to enforce new laws going into effect Thursday that will ban texting while driving and place restrictions on cell phone use by young drivers.

“We hope and pray it’s going to save lives in Arkansas,” Rep. Ray Kidd, D-Jonesboro, who sponsored legislation that became Act 181 of 2009, also known as Paul’s Law, said today.

Paul’s Law bans drivers of all ages from sending text messages while driving, except in emergencies. Kidd named the legislation after Paul Davidson, 41, of Jonesboro, who was killed in a collision with a vehicle whose driver admitted he was sending a text message.

Law enforcement officers, firefighters, ambulance drivers and emergency medical technicians are exempt from the ban.

A violation of the law is a primary offense, meaning it can be the sole reason for a traffic stop. Offenders can face fines up to $100.

Also taking effect Thursday is Act 197 of 2009, which bans the use of cell phones by drivers under age 18, except in emergencies.

The law also prohibits anyone age 18-20 from using a cell phone while driving unless the person is using a hands-free device, or in an emergency.
The law is a secondary offense, meaning a driver can only be cited after being stopped for a different offense.

A first offense is punished only with a warning, but a driver can face a $50 fine for a second or subsequent offense.

According to Arkansas State Police, at least 787 crashes in Arkansas in 2008 involved drivers who were distracted by electronic communication devices.

“Most of these are cases where people just said, ‘I was on the phone, I was upset, in a conversation with my boss or trying to talk to somebody and I lost my temper, whatever it may be,’” state police spokesman Bill Sadler said.

Will officers be able to tell when a driver is using a cell phone illegally?
“Some drivers have been so bold as to literally hold up the device at the 12 o’clock position on the steering wheel, so that becomes rather obvious,” Sadler said.

In other cases, erratic driving may alert an officer that a driver is distracted, Sadler said. Officers investigating an accident may also cite a driver if illegal cell phone use turns out to be a factor in the crash, he said.

Arkansas was one of the first states to pass a texting ban for drivers of all ages, though 20-plus states have since passed similar laws. Legislation is now pending in Congress to ban texting while driving nationwide.

Kidd said the state’s texting ban will be “one more tool” for law officers to use, though he expects the law to be effective mainly as a deterrent.

“I truly believe that the majority of folks will not text simply because it’s against the law,” he said.

As it was originally filed, Kidd’s bill would have prohibited any cell phone use while driving, but Kidd amended the measure to improve its chances of passing.

“Folks are just not quite ready for that,” Kidd said, confessing that “I am driving down the highway now talking to you on my phone.”