Senate Bill No. 8-163, introduced by Senator Regis Akitaya, passed on first reading Tuesday.
Senator Surangel Whipps, one of those who pushed for the passage of the bill, lauded Sen. Akitaya for coming up with such important legislation.
“This is a landmark measure that will make our streets safer,” Whipps stressed.
He said that bill was crafted based on the findings of the Palau Senate.
“The Olbiil Era Kelulau finds that distracted driving of a motor vehicle poses a real and significant danger to the public. Studies show that using a mobile phone while driving a motor vehicle increases the risk of vehicular collision or traffic accident six-fold, and that driver impairment while using a mobile phone is equal to that of driving a motor vehicle with blood alcohol content in excess of 0.10 percent,” the bill reads.
It added that evidence of such dangers are substantial, and have prompted the National Highway Traffic Safety Administration of the United States to state that using a mobile phone while operating can pose a “serious cognitive distraction and degrade driver performance.
Under the bill, it is unlawful to do the following acts: make a phone call on a cell phone while operating a motor vehicle in motion; answer a phone call from a cell phone while operating a motor vehicle in motion; listen to a voicemail on a cell phone while operating a motor vehicle in motion; read from the screen of a cell phone while operating a motor vehicle in motion.
Also, the bill states that it is illegal to write, or draft an electronic message to be sent from a cell phone while operating a motor vehicle in motion; send an electronic message that has already been drafted from a cell phone while operating a motor vehicle; or use a cell phone in any way so as to communicate by voice communication or some form of digital electronic text based messaging system that serves to distract the motor vehicle operator.
However, there are exceptions to the rule, as pointed out by Sen. Whipps.
According to him, the provisions of the bill do not apply to the following persons or circumstances:
The person is operating an on-duty ambulance, military, firefighting or rescue vehicle, or law enforcement vehicle, and is using the mobile phone or mobile service device in the course of her or his duties; the person is making an emergency phone call; including, but not limited to, emergency calls placed to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity; the person is using a mobile phone or mobile phone attachment that is specifically designed and configured to allow hands-free listening and talking and is used only in that manner while operating and the person is using the mobile phone or mobile phone device solely as a navigation device, and is not holding or operating the device in their hand.
Whipps disclosed that the bill comes with penalties for those who violate it.
Any person who violates the provisions of the bill shall be, upon being found guilty of his first offense, be subject to a fine of not less than $100.
If found guilty on second offense, a violator will be fined by not less than $200, and on third offense, a fine of not less than $300 and suspension of license for 3 months will be imposed.
The bill also states that a law enforcement officer may stop a vehicle for the purpose of citing a person of the law where the officer personally viewed the violation.
The bill requires that within 90 days following enactment of this Act, commercial mobile radio services and vehicle insurance providers shall send a one-time mailing to all current customers with written information adequately summarizing restrictions on the use of mobile phones and mobile service devices while operating, as outlined in this section.
Additionally, commercial mobile radio services and vehicle insurance providers are required to provide such adequately summarized written information to all new customers following the enactment of this Act, and to also include such information continuously on their respective websites.
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