Texting in Indiana

Dakota

Veteran Expediter
Starting July 1st, texting behind the wheel will be illegal here in Indiana.
Hopefully most here have sense enough not to text while driving, so this will not affect us!!!
 

Dakota

Veteran Expediter
Indiana becomes latest state to ban texting while driving



Indiana Governor Mitch Daniels signed a new bill into law this week that makes Indiana the 32nd state to ban texting while driving for all drivers.

In late April, the Indiana Senate narrowly approved the bill with a vote of 26-24. The Indiana House approved the bill earlier in the year by a much wider margin: 83-10.

Previously, only drivers under the age of 18 were prohibited from texting while driving in Indiana. Under the new texting while driving ban, which is scheduled to go into effect on July 1, all drivers are now prohibited from reading or sending a text message while operating a moving vehicle.

A violation is now considered a Class C infraction and those caught texting while driving can now be fined of as much as $500.

Whether or not violators could see an increase in Indiana auto insurance rates depends on the specifics of the driver’s auto insurance policy and his/her driving record. Although violations are written into law as a minor infraction, Indiana drivers should consult with their auto insurance agent or view the fine print of their auto insurance policy to determine what, if any, effect a violation could have on car insurance rates.

Currently, 32 U.S. states and the District of Columbia have a complete ban on texting while driving for all drivers. Ten states have no texting-while-driving ban in place at all, while eight states have a partial ban in place. See the detailed map at the Insurance Institute for Highway Safety for more information.
 

Dakota

Veteran Expediter
Does anyone know...Turtle???...is it okay to be behind the wheel and text at a stoplight or could you get a ticket anytime your behind the wheel. I am sure if your pulled over to the side of the road or in a parking space it is fine.
 

Turtle

Administrator
Staff member
Retired Expediter
Does anyone know...Turtle???...is it okay to be behind the wheel and text at a stoplight or could you get a ticket anytime your behind the wheel. I am sure if your pulled over to the side of the road or in a parking space it is fine.
According to the text <snort> of the actual law,
Sec. 59. (a) A person may not use a telecommunications device to:
(1) type a text message or an electronic mail message;
(2) transmit a text message or an electronic mail message; or
(3) read a text message or an electronic mail message;​
while operating a moving motor vehicle unless the device is used in conjunction with hands free or voice operated technology, or unless the device is used to call 911 to report a bona fide emergency.

(b) A police officer may not confiscate a telecommunications device for the purpose of determining compliance with this section or confiscate a telecommunications device and retain it as evidence pending trial for a violation of this section.
So, it's only while moving. And, an officer can't say, "Gimme your phone, you idiot," to check the text logs and verify that you were texting.

And, it's only text and e-mail messages. So, it's perfectly legal while operating a moving motor vehicle to look at the phone's GPS, dial a number from your contact list, surf the Web, post on EO, and play Angry Birds.
 

mcavoy33

Seasoned Expediter
According to the text <snort> of the actual law,

So, it's only while moving..

I wouldn't be too sure about that.

You can be charged with DUI if your in the back seat and the car is running. That is considered "operating" a vehicle.
 

mcavoy33

Seasoned Expediter
Well, if you could read and comprehend the English language, you would be. The law is worded quite specifically, and quite clearly.

Should have bolded "moving" imo :p


But thanks for calling me dumb when I made a simple oversight.
 

Dakota

Veteran Expediter
Just heard on news that it includes sitting at a stoplight or stop sign. How they will they know or enforce it really

Posted with my Droid EO Forum App
 

AMonger

Veteran Expediter
50 laws...that should be the absolute limit on the number of laws in the country at all levels. when they want to pass a new one, they would have to repeal another.

as doug stanhope says, " okay, so I can't smoke in a bar now, but at least I can masturbate on the bus again."

(errors due to voice transcription software)
 

Slacktide

Seasoned Expediter
Just heard on news that it includes sitting at a stoplight or stop sign. How they will they know or enforce it really

Posted with my Droid EO Forum App

They will know the same way we all know. Light turns green and they sit there for 30 sec and then punch it. It is a bit harder to tell when its a blond at a stop sign.... she may be waiting for the sign to turn green. :D
 

cranis

Expert Expediter
Driver
Pull over, put brake on and do what you have to do.
I do this and the police sometimes ask if anything wrong, but okay when I tell them I am checking messages I got while driving.
Our company has a ban on the use of cell phones while operating including calls from the office.
Also my company does not allow the use of hands free either.
Policy is no calls whatever while driving truck, and or a vehicle that is leased, like a rental they pay for.
 

Turtle

Administrator
Staff member
Retired Expediter
Should have bolded "moving" imo :p
I did.

The phrase from the text of the legislation that I quoted:

while operating a moving motor vehicle

was both bold and underlined. The bolding and underlining emphasis was my doing, and is not present in the original legislation. The emphasis was to, you know, emphasize that part of the text.

I also, on my own, bolded but did not underline the phrase:

A police officer may not confiscate a telecommunications device
But thanks for calling me dumb when I made a simple oversight.
Hey, no problem. Anytime. Don't mention it. :D
 

paullud

Veteran Expediter
Oh good no text messaging or sending electronic mail but I can still post on EO while driving through Indiana. :)

Posted with my Droid EO Forum App
 

mcavoy33

Seasoned Expediter
Just heard on news that it includes sitting at a stoplight or stop sign. How they will they know or enforce it really

Posted with my Droid EO Forum App

Apparently I have pull, lawmakers changed it, so turtle can't call me stupid and they wanted to prove my post right :D
 

Tennesseahawk

Veteran Expediter
If they can't confiscate the device, how are they supposed to tell if you were texting or making a phone call? Playing a game? Downloading ringtones? I think the law has the effect of either giving the law too much power, or not enough. Unless the officer pulls right up next to you, and sees your fingers texting away, there's no way to enforce the law unless they abuse it.
 

xmudman

Veteran Expediter
Owner/Operator
Some states, especially back East where I live, consider sitting at a stoplight to be "moving" for the purpose of issuing texting and/or hand-held-cell-phone tickets. Since your foot is on the brake and your vehicle is in Neutral* or Drive, you're not officially stopped. Best way to handle this would be to pull over, put the vehicle in Park, set the brake, and (if idling laws are strict) shut the engine off before doing your business. Most cops are reasonable, but if their superiors are leaning on them they will look for any justification to issue a summons.

* For the purposes of this post, "Neutral" also includes having the clutch depressed with the trans in gear....
 

OntarioVanMan

Retired Expediter
Owner/Operator
actually some wording for DUI is " under care and control of vehicle" Having the keys in your possession "is in care and control"
 

Turtle

Administrator
Staff member
Retired Expediter
It depends on the wording of the law. The states which consider you as "moving" while at a stop light don't really consider you as "moving", they consider you to be "operating" the motor vehicle, which is how the language reads in the law. Many seat belt laws are written that way, too, where you can unbuckle you seat belt at a stop light to adjust the belt, your clothes, or the screaming brat in the back seat, and it'll get you a ticket. The Indiana law will be challenged in court, for several reasons, and the wording will be changed.
 

xmudman

Veteran Expediter
Owner/Operator
Well, most of what I've seen when it comes to texting & cell phone tickets has been in NYC. One of my coworkers got a $125 ticket for using the push-to-talk button on his Nextel. In the years Michael Bloomberg has been mayor, revenue enhancement by the police and parking authority has been elevated to a level that would make Scrooge McDuck blush. I think Bloomie is trying to close New York's billion-dollar effort on the back of the working man; that's why I don't wanna go back! He may think NYC is suave and sophisticated, but when it comes to stealing a buck from those of us who drive, he puts Buford T. Justice to shame. :(
 

Dakota

Veteran Expediter
Some states, especially back East where I live, consider sitting at a stoplight to be "moving" for the purpose of issuing texting and/or hand-held-cell-phone tickets. Since your foot is on the brake and your vehicle is in Neutral* or Drive, you're not officially stopped. Best way to handle this would be to pull over, put the vehicle in Park, set the brake, and (if idling laws are strict) shut the engine off before doing your business. Most cops are reasonable, but if their superiors are leaning on them they will look for any justification to issue a summons.

* For the purposes of this post, "Neutral" also includes having the clutch depressed with the trans in gear....

I'm sick of idling laws..I'm buying a 572 cubic inch cadillac and will remove all the smog equipment and cat and run it 24hrs 7 days a week:eek:
 
Top