Las Vegas Sun

March 28, 2024

Legislature:

Senate committee passes bill prohibiting use of cell phone while driving

Sen. Mike Schneider

Sen. Mike Schneider

CARSON CITY — A bill outlawing drivers from using cell phones or texting has passed its first hurdle in the Nevada Legislature, although it’s been watered down slightly.

“Driving down Flamingo, I see a lot of drivers texting, and that’s just as bad as being drunk,” Sen. Mike Schneider, D-Las Vegas, said.

The Senate Transportation Committee on Thursday approved SB-140 on a 5-2 vote and sent it to the floor of the Senate for a possible vote next week.

The committee accepted the amendment of Sen. John Lee, D-North Las Vegas, that a driver caught texting or using a cell phone would be issued a verbal or written warning until Dec. 31. After that, fines would kick in.

His amendment also would reduce the fine from $250 in the original bill to $50 for a first offense. The fine for a second offense would be lowered from $500 to $100 and for third and subsequent offenses, the penalty would be $250, down from $1,000.

In addition, the amendment wiped out a section that drivers convicted of a third or subsequent offense would lose their driver’s license for six months. Lee said the penalty was too harsh for those who make a living driving.

Schneider said he wanted to see the penalties increased but the reduced fines were needed to get the bill out of committee.

Sen. Dean Rhoads, R-Elko, opposed the bill, saying there already are laws on the books prohibiting reckless driving.

But Chuck Callaway, representing the Metro Police Department, said the bill is aimed at stopping accidents. Citations for reckless driving are usually imposed after an accident or such things as swerving, he said.

Cell phones and texting cause wrecks, Callaway said.

Rhoads complained that even if someone is driving safely, police could pull the motorist over under the bill. He questioned what would happen if a driver is eating a hamburger and drinking a coke.

Callaway said if the person is driving dangerously, he could be cited.

The measure, introduced by Sen. Shirley Breeden, D-Las Vegas, exempts drivers who use hands-free devices. It does not apply to firefighters, law enforcement officers and emergency medical technicians.

The bill also does not apply to two-way radios if the microphone is attached to the sending and receiving unit and the controls can be operated without push-to-talk ability.

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