Arizona drivers beware: no more texting and driving

Arizona drivers beware, there is now a law in place banning you from using your cellphone while driving.

As of last Thursday, the Arizona House voted 44-16 in favor of the ban, joining 16 other states that follow the same law.

Governor Doug Ducey had pledged to sign the measure which will go into effect January 2021.

“Statewide there’s going to be a grace period until 2021, then after that statewide they will be ticketing for that,” said Sgt. Lori Franklin with Yuma Police Department.

Until then, police can issue warnings and can then begin to write tickets with fines of up to $149 for a first offense and $250 for a second offense.

Since 2015, Yuma has had a texting and driving law in place.

“Still within the city limits of Yuma, our ban is already in place, so you can still be cited for the city code violation here in Yuma,” said Sgt. Franklin.

“The city has a local law about cell phone use in the city period. And we are still seeing a ton of people on the road driving with their phones up to their heads,” said Charly McMurdie with Rural Metro.

The hand-held phone use ban would prevent drivers from holding their device unless the vehicle is stopped.

“When it comes to hands-free devices, people assume it’s just a cell phone it’s not just a cell phone,” said Sgt. Franklin.

“Holding” your device is defined as any way a driver can “support” a phone, whether that means in the lap, in the pocket or elsewhere.

“You cannot have it in your hand, you cannot be driving and holding it, you can’t even have this device here [on your lap] you can’t have it anywhere on your body, you can’t have it resting on you whatsoever it has to be away from your hands, your body so there’s absolutely no distraction,” said McMurdie.

Taking pictures or videos of an accident or crime can also pose a threat to the driver and first responder safety.

“As far as first responders go, it even goes a step further in that the National Safety Council has further studied the situation and 71% of the drivers that they surveyed, responded that they take pictures and videos of emergency scenes,” said Mike Erfert with Yuma Fire Department.

Local law enforcement urges drivers to consider the effects of texting and driving.

“The peripheral vision that you’ve got going, once other cars start to move, you let off your break thinking ‘we are going to move’ you rear end a car in front of you. Or are you not paying attention to the light, the light has turned you are still watching your hands-free device and now everybody behind you is going to get road rage because you’re not moving in time,” said Sgt. Franklin.

Statistics that outline deaths caused by distracted driving continues to grow.

“The National Safety Council tells us that as many as nine people a day are killed in distracted driving incidents, and at least 100 every day are injured in those things. It’s an epidemic across the country and those things have happened here in the Yuma area,” said Erfert.

“There’s a reason for the [laws], people are dying and something needs to change and it’s only those drivers that are going to be able to make that difference,” he continued.

As far as exceptions go, only calls to 911 would be permitted.

Drivers can, however, make and receive calls if they use earpieces or headphones.

However, law enforcement says taking a call is not worth taking a life.

“There is no text message or phone call that is that important and if it is, pull off to the side of the road get off the highway, look at it safely,” said Sgt. Franklin.

“If they just got caught and got a ticket they are getting really lucky. Even if it’s a large amount of money, they are paying, they are getting off lucky. How would they want to live with maybe crashing into a minivan and killing a young mother and some children, and then have to spend the rest of their life not only paying with their time in prison but also living with the fact that they caused that kind of pain and suffering.” said Erfert.

Drivers are also permitted to use a cellphone in order to “report illegal activity or summon emergency help.”

“The exceptions would be of course if you’re reporting a crime in progress or if you have an emergency situation where you are going to be on that phone talking to 911, then yes that is absolutely an exception,” said Sgt. Franklin.

If drivers are parked, drivers are able to call and text at will, same as if you are at a stop light or waiting for a train to clear a railroad crossing.

But, stop signs do not count, nor does being stopped for a school bus.

The law is being put into effect not only for the favor of drivers but for everyone.

Everyone, including first responders.

“The laws that we’re talking about is designed to protect you as well as the public. We’ve seen so many accidents that could’ve been prevented because somebody had [their phone] either up to their head or they were looking at it because it beeped and ‘oh my gosh you just have to know what it says,'” said McMurdie.

“So far since January, there’s been 16 emergency responders across the country that have been killed in roadside incidents like that. And the texting and driving or taking photos or other ways that they are distracting themselves from where they need to be paying attention is causing this stuff.”

These same restrictions in the new law apply to any device that has stored audio and video.

Watching live television is already illegal; however, the law clarifies a statute in which drivers are allowed to use mapping services and have dash cams that continuously record.