Two laws went into effect Monday aimed at stopping distracted driving and reducing the amount of alcohol related traffic incidents in the state. Act 706 broadens law enforcement’s ability to issue a citation for drivers who take their eyes off the road, and Act 849 makes it illegal for drivers and passengers to have open containers in their vehicle.
The previous distracted driving law, known as Paul’s Law, prohibited drivers of motor vehicles from using a handheld wireless telephone to text. Paul’s Law was passed by the Legislature and became effective in October of 2009 after Paul Davidson of Jonesboro was killed in a head-on crash with a driver who was allegedly texting. Paul’s Law only applied to drivers who were texting and in most cases drivers were issued a warning rather than a citation.
The new language, effective Monday under Act 706, says it’s now illegal to use any wireless communication device to text, access, read or post to a social networking site. The ban doesn’t include communication using car radios, commercial two-way radios or a licensed C.B. and still allows the use of hands-free wireless devices. Persons are exempt from the new law if they are serving in the capacity of a certified law enforcement officer, a firefighter, ambulance driver or an emergency medical technician.
Fines for a first offense will be up to $250. For a second offense, and beyond, the cost could be up to $500. If it’s determined the driver is involved in an accident, fines of up to double those amounts could be imposed.
Exceptions under the law make it acceptable to report illegal activity, call 911 or navigate using G.P.S.
The other new driving law, Act 849, says drivers and passengers will no longer be able to have an open container of alcohol in the car. Before Monday, a passenger in a vehicle was able to have one open container as long as alcohol wasn’t being consumed, and it was secured in a cup holder or console.
Under the new law, open containers are not allowed in an area of the motor vehicle that is designated to seat the driver or a passenger, while the vehicle is in operation or can be readily accessible to the driver or passenger when the vehicle is located on a public highway or highway right-of-way.
Violation of the law is considered a Class C misdemeanor.
Open containers will be allowed in areas outside the driver and passenger such as in a trunk or cargo area. They will also be allowed in recreational vehicles, motor homes or house trailers, as long as they are not immediately accessible to the driver.
Baxter County Sheriff John Montgomery says he met with employees of his department Wednesday night to discuss the new driver laws, as well as other new laws recently implemented.
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