A proposal to ban the use of cellphones for all Colorado drivers failed in a Republican-led Senate committee Wednesday.
The 3-2 vote to reject Senate Bill 49 came after dozens testified, often tearfully, about loved ones who died in car crashes involving distracted drivers.
The measure would have prohibited the use of hand-held mobile devices for talking and texting without a hands-free device and came a year after lawmakers inserted a loophole in the current texting while driving law.
In 2017, lawmakers approved tougher penalties for texting while driving by increasing the fine to $300 — but added language that made it a crime to text while driving only when it’s done in “a careless or imprudent manner.”
State Sen. Lois Court, D-Denver, sponsored the current law and pushed this year’s tougher bill, which still includes an exemption for motorists who have lawfully stopped. “The existing law is not strong enough or comprehensive enough to address the magnitude of the problem,” she said.
The use of hand-held devices by motorists is banned in at least 15 states and the District of Columbia, according to the Insurance Institute for Highway Safety.
But the Republican committee members questioned whether the tougher law was needed.
“I feel like this one goes too far for me,” said Sen. Owen Hill, R-Colorado Springs, who suggested the measure went “too far in replacing personal liberty with fines, fees and regulations.”
Even with the bill’s failure, it still remains illegal in Colorado for drivers under age 18 to use a wireless telephone while driving. From 2015-17, 236 minors were convicted of using a wireless phone while driving and 9 were convicted for a second offense, according to a legislative analysis.
Also at Wednesday’s hearing, the panel’s GOP majority defeated another bill from Sen. Court, one that would have required seat belt use by all passengers in a vehicle and allowed law enforcement to stop a driver solely for failure to wear a seat belt.
Under current Colorado law, only the driver and front-seat passenger are required to wear a seat belt and law enforcement can only ticket a driver who is stopped for another traffic violation.
Colorado State Patrol Chief Matthew Packard urged lawmakers to approve both bills. “I beg and ask for your help in making Colorado a safer place and I think this legislation will do that,” he said.
