In June, officers from the Fond du Lac Police Department will be paying particular attention to drivers who are texting.
A new state law that took effect Dec. 1 falls under the inattentive driving statute. Research from the Federal Motor Carrier Safety Administration has shown drivers who send and receive text messages end up taking their eyes off the road for an average of 4.6 seconds out of every 6 seconds while texting. Of all fatal traffic accidents in 2008, the U.S. DOT reported 16 percent involved distracted drivers and nearly 6,000 people were killed.
Wisconsin State Statute 346.89(3)(a) states that no person may drive any motor vehicle while composing or sending an electronic text message or an electronic mail message. This does not include when the vehicle is stopped, including when a vehicle is stopped at a traffic light, stop sign or in traffic due to congestion. The texting ban is only enforceable when the vehicle is in motion. The fine for texting while driving starts at $101.40.
This does not apply to the following circumstances:
n To an operator of an authorized emergency vehicle.
n The use of any device whose primary function is transmitting and receiving emergency alert messages and messages related to the operation of the vehicle or an accessory that is included in the vehicle, including a global positioning system device.
n An amateur radio operator who holds a valid amateur radio operator's license issued by the federal communications commission, when he or she is using dedicated amateur radio two-way radio communication equipment and observing proper amateur radio operating procedures.
n The use of a voice operated or hands free device, if the driver of the motor vehicle does not use his or her hands to operate the device, except to activate or deactivate a feature or function of the device.
Texting while driving is a primary law, which means officers can pull over drivers solely for texting without having to identify another violation first, such as speeding or a lane violation. Even though the law does not ban reading messages or using the Internet while driving a motor vehicle, these activities can be just as dangerous and should be avoided while driving
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