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 BackHOUSE OF REPRESENTATIVES
Committee Report
| Legislation: | HB 40 |
| Sponsor: | Miro |
| Long Title: | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RULES OF THE ROAD. |
| Committee: | PUBLIC SAFETY & HOMELAND SECURITY |
| Number of Committee Members: | 9 |
| Date of Report: | 04/08/2009 |
| Committee Vote: | Favorable: | On Its Merits: | Unfavorable: |
| 0 | 7 | 0 |
Purpose of the Bill : This bill would enhance driver safety in the state of Delaware by making it illegal to use a handheld cellular phone while operating a motor vehicle. This bill would establish distracted driving standards and allow mobile telephones to be used while operating a motor vehicle only when equipped with built in speakers or a hands-free accessory. Included in the definition of using a mobile telephone includes placing or receiving text messages and sending or receiving emails. This bill would require the State Police Department to include information about the use of mobile telephones or other distractions by drivers that are involved in an accident in the motor vehicle accident report. This bill specifies an infringement as a civil violation with a $50 assessment. HB 40 also preempts municipalities from passing any ordinance that would contradict this legislation, including the implementation of greater penalties or violations.
Committee Findings: The committee found that HA’s 1, 2 and 3 were all welcomed and necessary additions to the bill and that law enforcement is exempt from this bill. The committee found that the Medical Society of Delaware and the Attorney General’s Office support this bill. Also, approximately 75% of responding Chamber of Commerce employees approve and would endorse HB 40. The committee found that the county governments believe that this bill will have little to no negative impact on them.
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