No more texting and driving – New Florida Law  

HG2 Emergency Lighting No more texting and driving the new florida law

No texting and driving - Prohibition of wireless communications devices while driving 

We’ve all seen it, we’ve all heard it. “Don’t text and drive!” We’ve seen the ads, but research from AAA revealed that 35% of Americans still admit to texting and driving. In 2018, Florida had on average 140 crashes a day. If you are travelling 55mph and take your eyes off the road for 5 seconds, you’ve travelled the distance of a football field! So, if you are thinking of texting and driving, think again! Not only do you endanger yourself and others, but there is a new law in Florida that makes texting and driving a primary offense. 

The New Texting and Driving Law

The new Florida texting and driving law took effect on July 1, 2019. This law joined the Florida statute in the Title XXIII of Motor Vehicles. Section 316.305 ‘Wireless communication devices: Prohibition’ section 3.a states: 

“A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of non-voice interpersonal communication…” 

However, this law is nothing new. According to AAA, 44 states already have similar laws that make texting and driving a primary offense. In fact, texting while driving was already prohibited in the State of Florida. Previously, officers could cite drivers for texting if they were being pulled over for a different violation. Until now, the law considered texting a secondary offense. In the new law, texting is a primary offense and officers may pull over and cite drivers for texting alone.

Police Cars texting and driving

When will the new law be enforceable?  

Some departments have started an “education period”. This means that officers will only give warnings to offending drivers, even though they are able to issue citations. The “stop and warn” period will completely end by January 1, 2020. Starting New Year’s Day, police officers will begin issuing tickets for texting and driving.

Another new aspect of the law requires drivers to be completely hands free in school zones, school crossings, and work zones. This means that drivers cannot hold any type of wireless device in their hands in these zones. Drivers should avoid doing this now, though the provision does not take effect until October 1, 2019.

What is allowed? 

Although not recommended, the new law permits drivers to hold their phones while they are talking. However, active school and work zones are wireless-free zones, meaning no phone usage is allowed. The new law applies only when the motorist is driving or the vehicle is in motion. If the car is completely stopped, the driver may legally type or text on their phone.

Under this new law, drivers may use their phones for GPS or any other navigation systems. However, it is highly recommended that the driver puts the address in their navigation system before they start driving. Drivers may also use their phones for messages related to navigation, weather alerts, and emergency traffic, or to report emergencies.

Police Law Enforcement texting and driving

What are the penalties and fines for texting and driving?  

Breaking this law would result in a fine of $30 for the first offense, plus court fees. This can add up to $108 in places like Brevard County! Drivers will not receive any points on their license for the first violation, unless the offense occurs within a school or work zone with workers present.

The second or subsequent violation will set you wallet $60 dollars lighter, plus any extra court fees. (Any violations within 5 years of the first violation are considered subsequent.) The second violation will add 3 points to your driver’s license. Either the initial or subsequent violation is considered a noncriminal traffic infraction, and is punishable as a non-moving traffic violation. 

Passing of the Law 

Gov. Ron DeSantis passed the law, because he said that the Florida state is the second worst state for distracted driving and that in 2016 alone, the crashes due to distracted driving caused 233 deaths. When the bill went on for voting, the State House voted 108-7 in favor of the bill.  

“When driving without a seat belts became a primary violation, more people began wearing seat belts. We’re hoping as a result of this law, fewer drivers will text.” Said Mark Jenkins, a spokesman for AAA.  

Data Research 

AAA research shows people who text and drive are 8 times more likely to be involved in a crash. The Florida Department of Highway Safety and Motor Vehicles reported that for 2018, there were more than 51,000 crashes involving distracted drivers across the state of Florida. Since 2016, the number of fatalities in Florida has reached 3,000, a number that law enforcement says is partially due to distracted driving. For 2019, the fatalities in auto crashes is expected to increase. This law takes effect on a perfect timing, in hopes that will make our roads safer, and prevent future crashes.  

Florida traffic fatalities - Florida Department of Highway Safety and Motor Vehicles

Texting Hands-free technology? 

This law as of right now allows for hands-free texting, but this is still a distraction that poses a dangerous threat. According to AAA, potentially unsafe mental distractions can persist for as long as 27 seconds after changing music or sending voice texts or other voice commands. “The lasting effects of mental distraction pose a hidden and pervasive danger that would likely come as a surprise to most drivers,” said Peter Kissinger, President and CEO of the AAA Foundation for Traffic Safety. “The results indicate that motorists could miss stop signs, pedestrians and other vehicles while the mind is readjusting to the task of driving.”  

Florida is one of the last states in the US to make texting and driving a primary offense. This has been a long wait, but finally this law will help law enforcement stop distracted drivers and educate them in proper driving practices. Although the new law doesn’t prohibit all distractions, it is safer to eliminate them for your safety and others, and just focus on the road. Put down your phone and check it when you reach your destination. Remember, it can wait!

By Christian G. Stone

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