Get off your phone: use of electronics while driving deemed illegal after July 23

WASHINGTON - Checking recent emails, facebook comments, tweets, or reviewing the latest sports or news updates on your phone will now have to wait until your car is in park.

Because as of July 23, it is illegal in the state of Washington to use any handheld electronic devices such as phones, tablets, laptops or gaming devices - for any reason - while driving or sitting momentarily at a red light or stop sign. It was already illegal in Washington for drivers to text or hold a cell phone at their ear, though drivers have routinely defied the law to send a quick text or answer a call.

Now, the only exception that warrants the use of a phone while behind the wheel, is contacting emergency services or using a mounted phone for maps. Otherwise, drivers will have to pull off the roadway and stop in a location, where the car can “safely remain stationary” to use their device.

The penalty for a first offense will result in a $136 ticket and $235 for a second citation.

Despite the state legislature originally coming to a compromise in April, postponing enforcement of the Driving Under the Influence of Electronics (DUIE) Act until 2019 (mainly to give police and drivers time to prepare), Gov. Jay Inslee expedited enforcement in May to this Sunday, saying “public safety is better served by implementing this bill this year” in his partial-veto statement.

Governor Inslee then requested that local law enforcement agencies use the first six months to educate drivers about the law and not necessarily enforce directly until Jan. 23, 2018.  

Advocates have praised the governors decision to ramp up enforcement as the move comes after a slew of distracted drive deaths over the past year. According to the Washington State Department of Transportation (WSDOT) inattention/distraction was the most frequent contributing circumstance among all collisions in 2015, with an inattentive/distracted driver involved in a crash about every 30 minutes.

A DUIE is a primary offense, so a police officer can pull you over for using your handheld. Other distractions like putting on makeup, grooming or eating are considered secondary offenses; an officer could only issue a ticket after pulling you over for incurring another offense like speeding, running a stop sign or making an unsafe lane change. The penalty is an extra $30 added on to the ticket.

Although enforcement could be tough considering how many people still text or talk on the phone while driving, the legislature is hoping a 16 percent salary increase for State Troopers will entice new recruits, and get more troopers on the road.

Funding for the program has yet to be solved - likely as a result of the increase in the education budget - with only $19,000 budgeted “solely for implementation of the chapter.”

The state has had success in recent years reducing the amount of drunk driving and holding a 95 percent compliance rate for seat belt use and hope a similar affect on distracted drivers.