Texters beware.
Pennsylvania's new anti-texting while driving law took effect at 12:01 a.m. today, prohibiting any text-based communication while driving.
The law makes texting while driving a primary offense that carries a $50 fine, plus costs, totaling about $135.50.
One of the reasons for the law is the state Department of Transportation stated that in 2010 there were nearly 14,000 crashes in the state where distracted driving played a role, with 68 fatalities.
County residents and law enforcement feel the law is not strong enough and will be a challenge to enforce.
"I think texting is just as bad as messing with an iPod because it takes your focus off the road," said Krysty Spotts, Pottsville, a student at McCann School of Business, Pottsville. "I understand the law, but if they're going to take texting and driving away, they need to take away the audio in the vehicle. There's more than just texting and driving that's a distraction to drivers."
Spotts said she doesn't believe the law is going to be enforced at all, just blown over, and being "more of a nuisance than anything," people are going to do what they want to do regardless.
According to a press release from PennDOT on Monday, the new law states that the use of an "Interactive Wireless Communication Device" to send, read or write a text-based message is now a primary offense.
An IWCD is described as a wireless phone, personal digital assistant, smartphone, portable or mobile computer or similar devices that can be used for texting, instant messaging, emailing or browsing the Internet.
A text-based message is described as a text message, instant message, email or other written communication composed or received on such a device.
This law supersedes and pre-empts any local ordinances restricting the use of interactive wireless devices by drivers, the press release reads.
"I think it's a step in the right direction, but I don't think it will be easily enforced because you have to pretty much see them texting," said Sgt. Barry Whitmoyer of the state police station at Frackville. "That's what the difficult part will be, is watching them while they're distracted."
The law also only applies to when the vehicle is in motion, so if the vehicle is pulled over or at a traffic stop and not moving, the driver is not in violation of the law.
Minersville police Chief Michael Combs also agreed with Whitmoyer about the new law being a good first step against distracted driving.
"The concept is great. I think the difficulty will be in enforcing it, to see somebody actually texting while driving," Combs said. "I think we could have been better served by making it a little bit strong in the language by prohibiting phone calls unless you have a hands-free device."
Whitmoyer said that when most people are texting, they're usually not holding the phone up in the air, so that would make it harder to spot as well.
Pennsylvania State Police spokeswoman Maria Finn tried to clarify the new law Wednesday.
"PSP anticipates the law will serve to educate law abiding citizens on the dangers of texting and driving and will hopefully create voluntary compliance by the majority of motorists," Finn said. "We will attempt to use observations of the driver while the vehicle is in motion to determine if traffic stops are warranted in any particular situation."
Finn said that most traffic stop investigations will involve subsequent interaction with the motorists and passengers to determine the reason for "manipulation of the device" and any associated poor driving, just as state police do with speeding stops.
Police anticipate post-crash investigation details to drive any necessary seizure of the device where allowed by law.
With many phones having voice-to-texting features, such as the iPhone 4S with Siri, Apple's voice communication software, Whitmoyer said it would be tough to tell if the person is talking into the phone as part of a phone call, to send a text message or for any other command.
Although texting while driving is illegal, even when using a tool like Siri since a text-based communication is being sent, it still isn't illegal to use other driver-distracting features on the phone.
Those features include making phone calls, dialing a phone number, using the device as a GPS and browsing the web.
"As I understand it, activities not prohibited under the law are: using device exclusively as a global positioning system (GPS), using a device that is physically or electronically integrated into the vehicle and initiating or receiving phone call," Finn said.
When asked about browsing the web, Finn added, it's "still legal, as far as I can tell."
Finn said that physical integration means running the device through the vehicle's speakers or computer, such as GM's ONSTAR or Ford's SYNC system.
According to this definition, if the system, such as Ford SYNC reads back or writes a text message, or if the iPhone uses Siri to accomplish the same thing and is connected to the car speakers either physically or electronically, it is not prohibited by the law.
Erin Waters, spokeswoman for PennDOT, also said on Tuesday that a system or device physically or electronically integrated into the vehicle is not prohibited in the law.
"Technology in many cases is moving faster than legislation to deal with this stuff," Combs said. "It (the law) is great for some publicity, but I think for all practical purposes, it's not sufficient to accomplish what it is we want to accomplish. I think this whole thing is eventually going to be revisited."
To learn more about the new law, visit www.dot.state.pa.us and choose "Anti-Texting Law."