Texting-while-driving ban takes effect Sunday

SANDPOINT — A state law prohibiting motorists from text messaging while driving takes effect on Sunday.

Using a mobile phone to text message while driving is a primary offense, which means it can be the sole basis for a driver to be stopped and ticketed.

“When ISP troopers observe a violation of this code, they will take the appropriate action as they do with any traffic code violation,” Idaho State Police said in a news release.

The fine for texting while driving, an infraction, is $81.50, according to Idaho Code.

Texting is defined in state law as reviewing, preparing or transmitting written communications via handheld wireless devices. However, motorists can use hands-free devices to review, prepare or transmit text messages.

Idaho is the 37th state in the nation to prohibit texting while driving a motor vehicle, ISP said.

Texting or using a mobile phone for any reason without a hands-free device while driving has been against the law within the city of Sandpoint since the fall of 2011. In light of the pending state law, however, the city this month excised the texting component of the ordinance, but left the hands-free device requirement intact.

Violating the hands-free requirement can result in a $10 fine, according to city code.

Public safety officials are exempt from the city code, as are members of the public who are using their phone to report a health, fire, safety or police emergency.

Nobody was cited under the city’s texting-while-driving prohibition while it was in effect, largely because it was categorized as a secondary offense, said Sandpoint Police Chief Mark Lockwood.

A secondary offense requires a law officer to observe some other offense — such as excessive speed or an equipment violation — in order to conduct a traffic stop.

“There has to be another offense in order for us to make a stop,” said Lockwood.

Lockwood calls the state code a “start,” but feels its language still leaves something to be desired. He points out that a motorist can try and dodge the ticket by arguing that they were dialing a number, using their phone’s address book or navigating through a menu.

“I just feel it’s pretty broad,” Lockwood said of the state’s definition.