Ban on texting while driving seems near

PHOENIX — A couple of changes in the cellular phone industry could create the best climate ever to enact a ban on texting while driving in Arizona.

CTIA, the wireless industry association, has agreed to support such measures when attempted by local lawmakers. John Walls, the organization's vice president of public affairs, told Capitol Media Services the evidence now shows the inherent dangers of trying to peck out messages on a tiny keyboard while operating a motor vehicle.

Potentially more significant for Arizona, the company that had taken the lead in fighting such efforts in the past is no more.

Alltel has been swallowed up by Verizon Wireless. And Verizon has agreed to support such legislation.

Michael Bagley, the company's executive director of public policy met earlier this week with Sen. Al Melvin, R-Tucson, who will once again be offering his ban on texting when the Legislature convenes in January. Bagley said Tuesday while he wants to see the final draft of the bill, he expects Verizon to testify in support.

John Taylor, spokesman for Sprint Nextel said his company will support a texting ban, with AT&T also expected to go along.

All that could be helpful to Melvin who watched his plan go down to defeat when he could marshal the support of just 13 other senators, leaving him two votes short of what was required for approval.

But much of Melvin's trouble comes from within his own party: Nine of the votes in opposition last June were from Republicans, including Senate President Bob Burns, R-Peoria, who said Tuesday he believes such a law is unnecessary.

"You're not allowed to drive distracted,'' Burns said.

The bigger problem for Melvin, though, is a belief by some GOP lawmakers that such a measure amounts to "nanny state'' legislation.

"I always vote for individual liberty unless it's an issue that violates my personal faith,'' said Sen. Jack Harper, R-Surprise.

Melvin, a first-term legislator, said his colleagues have it wrong.

"I look at it as saving lives,'' he said. And Melvin said while he supports individual rights, there are limits.

"I love political, philosophical purity and I will ride that horse at a full gallup all day long until we reach the cliff,'' Melvin said.

"Some of my friends, some libertarians go off the cliff with the horse,'' he continued. "I don't.''

With GOP opposition, Melvin said he may need the votes of all 12 Democrats in the Senate to push the measure through. That, however, isn't likely to happen.

Senate Minority Leader Jorge Garcia, D-Tucson, said the plan is unenforceable. "Unless the officer sees you texting, you're not going to get a ticket,'' he said.

Walls said the industry never thought of cell phones as anything more than devices used for talking. That position, he said, has taken years to evolve.

"We had an anecdotal feel that more and more people were texting while behind the wheel,'' Walls said. "It was our belief that, in no way, can taking your eyes off the road and your hands off the wheel become compatible with safe driving.''

That, he said, convinced industry players to support laws to make it illegal to drive while texting.

Melvin said the final touches are still being put on the measure he will introduce for the upcoming session.

The proposal that died earlier this year would have imposed a $50 fine for driving while texting, a penalty that would increase to $200 if the person is involved in an accident.

One issue goes to that question of enforcement.

The bill that was defeated last session allowed officers to stop and cite someone whom they see texting. Melvin said, though, his new version might require "secondary'' enforcement where a motorist can be ticketed only if he or she was pulled over for some other reason in the first place.

There is precedent for that: Arizona's law requiring seat belt use by adults is secondary enforcement only. Melvin said such a provision might convince some foes from last session to support the plan now.

But Harper said other enforcement issues remain. He said anyone who is cited could say they were just dialing a call — something that would remain legal — rather than texting. And the only way an officer could prove otherwise would be to take the person's phone, which he said amounts to an illegal search and seizure.

Melvin said he believes the majority of Arizonans want to ban texting while driving. The most recent survey on the issue, conducted more than two years ago, found 87 percent of those questioned support such a ban.