Lawmakers toughen cellphone-driving law

OLYMPIA — The Legislature has approved a measure that makes it easier for police to ticket people who are driving while texting or talking on a cellphone without a headset.

On a 60-37 vote Thursday night, the House passed a bill that makes it a primary offense to be caught holding a cellphone to your ear while driving, or to be reading, writing or sending text messages.

That strengthens the state's current secondary-offense law for both, which only slaps drivers with an extra fine if they are pulled over for another infraction, such as speeding.

If Gov. Chris Gregoire signs the bill, police could pull over someone for texting or talking without a headset and give them a $124 ticket.

Senate Bill 6345 also outlaws any cellphone use by a driver with a learner's permit or an intermediate license, which is given to drivers under 18 years old.

"Maybe now people will pay attention to their driving instead of their conversations," Sen. Tracey Eide, D-Federal Way, sponsor of the bill, said in a prepared statement after the vote.

"Our roads will be safer and I believe lives will be saved as a result of this law."

The House initially had watered down the bill to make only texting a primary offense. But on Thursday, the House passed it in the form the Senate had approved last month.

"The public-safety community really stepped up and convinced the legislators that were on the fence," said Rep. Reuven Carlyle, D-Seattle. "They deal with the carnage every day."

A ticket will not become part of a driver's record, and dialing a phone is not considered text messaging.

The measure exempts transit and emergency-vehicle personnel, and anyone texting or talking without a headset to report illegal activity or summon emergency help.

People using a hearing aid or operating a tow truck are also exempt.

The National Conference of State Legislatures has said that Washington is one of six states and the District of Columbia that have passed laws regulating phone use by drivers, but the only one to consider using a phone without a hands-free device a secondary offense.

Seattle Times staff reporter Lillian Tucker contributed