Distracted Driving

July 25th 2017

Distracted Driving & Electronic Devices: 2017 CHANGES The 2017 WA State Legislature (Substitute Senate Bill 5289.SL) made changes to the “Distracted Driving” laws/statute by repealing two prior laws (Revised Code of Washington – RCW’s): RCW 46.61.667 Using a wireless communications device or handheld telephone while driving, and RCW 46.61.668 Sending, reading, or writing a text message while driving. The new law/statute, effective July 23, 2017, amends the existing distracted driving law. WHAT’S CHANGED? The new, amended law: · Prohibits the use of a personal electronic device, i.e., phones, tablets, laptops, two-way messaging devices, or electronic games, while operating a motor vehicle, even if temporarily stopped due to traffic, a traffic control device — such as a stop sign or red light, or other momentary delays. · Expands the definition of “use” or “using a personal electronic device” to include: Þ Holding a personal electronic device in either or both hands; or Þ Using your hand or finger to compose, send, read, view, access, browse, transmit, save, or retrieve email, text messages, instant messages, photographs, or other electronic data; however, “this does not preclude the minimal use of a finger to activate, deactivate, or initiate a function of the device.” · States “A person who uses a personal electronic device while driving a motor vehicle on a public highway (roadway) is guilty of a traffic infraction and must pay a fine” per RCW 46.63.110 (3). The fine for the first violation will be $136 and increase to $245 for second violations. · Includes a new section which reads: “It is a traffic infraction to drive dangerously distracted.” The definition of “dangerously distracted” is: “A person who engages in any activity not related to the actual operation of a motor vehicle in a manner that interferes with the safe operation of such motor vehicle on any highway.” This means you could receive a traffic infraction if your activity interferes with your ability to safely operate a motor vehicle. EXEMPTIONS — There are few exemptions to this law. See the link below for additional information about the exemptions. For more information visit http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Senate%20Passed%20Legislature/5289-S.PL.pdf. IMPLEMENTATION DATE: The new amended law goes into effect July 23, 2017