By NOAH TABORDA
Kansas Reflector
TOPEKA — A disproportionate amount of motor vehicle accidents in Kansas come as a result of distracted driving, but a proposed bill aims to limit mobile phone disturbances while operating a motor vehicle.
The Kansas Department of Transportation cites 15,000 crashes per year — one in every four — in Kansas are the result of inattentive driving. From 2014 to 2019, 75 people lost their lives to distracted driving on Kansas roads, including 34 who died while drivers used cellphones.
These statistics have led to a bill that would prohibit cellphone use in a school zone or construction zone, except in specific emergency circumstances. It would also totally prohibit the use of cellphones while driving for those under 18 years of age.
“Distracted driving is a pretty large encompassing term, but I think we all might agree that using your phone, being distracted with your phone, is certainly a large contributor to that effect,” said Travis Lowe, a lobbyist representing AAA Kansas. “We believe this legislation will improve road safety as well as innocent bystanders near the road.”
Proponents of the legislation say this bill would help reduce distracted driving and educate the public on proper driving habits in work zones. The bill, which supporters say has strong support from the public, did not have any opponent testimony Wednesday in a hearing before the Senate Transportation Committee.
According to the Kansas Department of Revenue, Kansas drivers under the graduated driver’s license program have a wireless restriction except in an emergency until the age of 17. The bill would extend the age restriction to anyone under 18, even if in possession of a non-restricted driver’s license.
Emergency exceptions include calling to prevent injury to yourself or others, reporting wrongdoing to law enforcement or calling for repair on a vehicle.
If found guilty of violating the law, the distracted driver would face a minimum $60 fine in addition to any court costs or additional charges.
The bill would not impact the current statewide ban on texting while driving or any stricter regulations imposed by local government.
Sen. J.R. Claeys, R-Salina, supported the initiative to impose stricter regulations on those under 18 but questioned the need for a law directed at adults.
“It seems to me that adults could be educated on the need to not use their phone in a school or construction zone and that it doesn’t require a legal remedy here,” Claeys said.
Jennifer Smith, president of Stop Distractions, a nonprofit dedicated to eliminating distracted driving accidents through work with families of victims and advocacy, said Claeys’ approach may be wishful thinking.
“I don’t want to be negative, but the part about educating adults to not use our phones in the school zones and work zones — sadly, we’ve been doing this for over and decade. … If education were simply enough, I would love that,” Smith said.
Smith said amid the COVID-19 pandemic and with the rise of the social media app TikTok, the number of people using their phones while driving is increasing.
“Our school zones and work zones, those are our most vulnerable loved ones,” Smith said. “Our family members are working in those work zones, and our children are walking through the school zones.”
She noted both states with similar laws and those without show a majority of the public support this type of legislation. Earlier testimony placed the figure at 87.2% support in states with a hands-free law.
For Sen. Rick Kloos, R-Berryton, the proposed legislation struck a personal note.
“My wife’s dad, my father-in-law, was killed by a teenage driver who was driving and talking on the phone,” Kloos said. “I will support this bill.”
Senators asked that the legislation be clarified to indicate a driver using a phone in a parked vehicle would not violate these laws.