Driver distracted in car looking at smartphone screen do not pay attention to road with pedestrian. Unsafe trip, dangerous traffic. Vector granny on road in flat style

A distracted driver looking at a smartphone screen. Photo Credit: Sensvector (iStock).

It's no secret that the use of handheld devices can be a distraction for drivers in a way that can put all of those on the road at risk – but that doesn't seem keep most people from checking their texts, looking for their favorite song, or setting a new map destination while they're behind the wheel. That said, a bill that's likely to become a law in Colorado may be a little better at preventing this dangerous practice.

The bill, SB24-065, makes it illegal for drivers of all ages to use devices while operating a vehicle unless that accessory is completely hands-free. It expands on current law that prohibits those under 18 from the act and has reached the final stage of legislation, now waiting only on a signature from Polis.

There are a few exceptions that will apply, but they're very limited to special circumstances and won't apply to device usage most of the time.

Here are the exceptions for when a person would be allowed to use a device with their hands while in a vehicle:

  • Use by an individual reporting an emergency to state or local authorities;
  • Use by an employee or contractor of a utility when responding to a utility emergency;
  • Use by an employee or contractor of a city or county is acting within the scope of the employee's or contractor's duties as a code enforcement officer or animal protection officer;
  • Use by a first responder; or
  • Use by an individual in a motor vehicle that is parked.

So in other words, if the average driver is on an active roadway (including at stop lights) and there's not an emergency taking place, the use of hand-operated devices would be banned.

Penalties for violations would stack up quickly, too. The first offense comes with a $75 fine and 2 license points. The second offense within a two-year period comes with a $150 fine and 3 license suspension points, and a third or subsequent offense within a two-year period comes with a $250 fine and 4 license suspension points. For those 21 and over, 12 points in 12 months mean a license suspension or 18 points in 24 months, with stricter thresholds for those under 21.

It's also worth noting that a violation is dismissed if the individual involved produces proof of purchase of a hands-free accessory and has not previously claimed that reason for dismissal after a prior violation.

While drivers may feel inconvenienced by the new law, cyclists, scooter-riders, and pedestrians around the state may embrace it, as device usage can be a key factor in distraction-related serious accidents.

At this point, the bill will become law if Polis signs it, which is looking likely.

What do you think of these device-related rules? Let us know in the comments.

Find more information about this bill here.

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(6) comments

Nxck Rabbxt

How will this affect Uber/Lyft drivers?

Are we just going to be getting tickets left and right now?

Tibbytib

I think the law does some viability. But, I also think at some point pedestrians, scooter riders, and bicyclists need to be accountable for causing dangerous situations when they are distracted with cell phones and headphones while crossing intersections and interacting with other drivers on the roadways. I've seen countless times when pedestrians never look up from their phones to cross an intersection. Or people on bikes or scooters too busy getting selfies whike whipping down the sidewalks into crosswalks, assuming they have the right of way. This law, if passed for drivers, needs to also extend to all pedestrians and people commuting and interacting with the general flow of traffic and drivers. Pedestrians and anyone else not in a motorized vehicle also need to take responsibility for their own safety which includes not being on your cell phone while crossing a busy intersection.

And, how/what about distracted driving from people over using "autonomous" features on new cars? They should also be ticketed. Just because they can afford new luxury cars with these features doesnt/shouldn't make them exempt from this law either.

Gerald B

Command and Control

FoF_Sexagenarian

If police are exempt it is moot.

They are not trained to multitask.

It is a trait some are better at and most drivers are not cops.

PeterS

Touch screens are worse. And pull your attention down and to the side, which is even worse than just down but straight ahead. Plus it is harder to touch a target on the screen attached to the car than one on a phone that you hold and moves with you. Yet none of our politicians etc. are even aware of that.

And what about a cell phone clamped to the dash. Is that ok or not???

FoF_Sexagenarian

Exactly.

To some drivers, using the HVAC controls (or any number of regular cabin features) while driving is a dangerous task and it cannot be outlawed. yet...

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