Illinois Text Messaging Ban & Cell-Phone Legislation
The new Illinois text messaging and cell-phone laws became effective January 1, 2010. Illinois has become the 17th state to ban texting while driving. Both of these laws are designed to help keep driver’s attention on the roadway and remove the distractions caused by texting and cell phone use. Since the implementation of these new laws, our department has received several telephone calls requesting clarification. The following correspondence is intended to define each new law.
The text messaging law (625 ILCS 5/12 610.2 Electronic Communication Devices), states in part, “a person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send, or read an electronic message.” The statute defines an electronic communication device as a, “wireless telephone, personal digital assistant or portable mobile computer.” An electronic message “includes, but is not limited to electronic mail, a text message, an instant message, or a command or request to access an Internet site.” A GPS or navigation system or a device that is physically or electronically integrated into the motor vehicle is not subject to the provisions within this law.
There are exceptions to this law, which allow for use of an electronic communications device in emergencies situations and by public safety officials while in the performance of their official duties. An exception also pertains to a driver using an electronic communications device in hands-free or voice activated mode, while parked on the shoulder of the roadway or when stopped due to normal traffic being obstructed and the driver has the motor vehicle transmission in neutral or park.
The text messaging ban is not the only law affecting Illinois drivers this year. Drivers across the state can no longer talk on their cell phones while in a school or construction zone.
The change in the wireless telephone law (625 ILCS 5/12-610.1 Wireless Telephone) states in part, “ a person regardless of age, may not use a wireless telephone at any time while operating a motor vehicle on a roadway in a school speed zone, or on a highway in a construction or maintenance speed zone.”
Similar to the text messaging law, there are exceptions to the rule. These exceptions include, a person engaged in a construction or maintenance project, which is in a designated construction zone, the use of a wireless telephone for emergency purposes to contact law enforcement, health care provider, fire department or other emergency services agency, the use of a wireless telephone by public safety officials while in the performance of their official duties and to drivers using a wireless telephone in a voice activated mode.
Both the text message and cell phone laws are a “primary offense,” which means a police officer can stop a driver if they are observed violating either law. The fine for either a texting or cell phone use offense begins at $120.
If you would like to review either of these statutes in full, you may log-on to www.cyberdriveillinois.com and click on “2011 – 2012 Law Updates.”
Kevin Norwood
Traffic Sergeant