Kentucky drivers could soon face new restrictions on using cell phones behind the wheel after the state Senate approved legislation Tuesday aimed at reducing distracted driving and preventing roadway crashes.
Known as the “Phone-Down Kentucky Act,” Senate Bill 28 would build on Kentucky’s ban on texting while driving, but includes some exceptions for navigation devices, certain types of radios, and emergencies.
The bill’s sponsor, Sen. Jimmy Higdon, R-Lebanon, said the legislation would modernize Kentucky law to provide clarity for drivers and law enforcement personnel.
“This bill prohibits a motor vehicle operator from holding a mobile electronic device in their hand while operating a vehicle. This includes activities such as texting, typing, scrolling, or watching video content,” he said.
At the same time, the bill was written with common sense and balance, Higdon said.
“It is to educate, change habits, and save lives. This bill clearly allows for hand-free navigation and voice-based communication. It allows emergency calls and reporting accidents or hazards. It allows the use by first responders while performing their official duties. It allows use when a vehicle is lawfully parked or stopped,” he said.
The legislation does not prohibit, for example, a motorist from having a phone in hand when located at a stoplight. It also does not apply to citizen band radios, amateur radios, ham radios, or commercial two-way radios.
Higdon said the bill isn’t about punishing drivers; it’s about preventing crashes before they happen. Law enforcement personnel must have a clear visual confirmation of unlawful use of a device before initiating a stop, he said.
“They can’t seize, search, view, or require forfeiture of your cell phone if you’re stopped for this offense,” Higdon said.
The bill also calls for the state transportation cabinet to post signage statewide so drivers will understand the law before it’s enforced.
If the legislation becomes law, Kentucky will join 33 other states with similar laws. It proposes a fine of $100 for violations, but points would not be assigned to the driver’s record.
Sen. Brandon Smith, R-Hazard, said some of his constituents are asking if a motorist travels through an area that has surveillance, could driving while holding a cell phone be added as a secondary violation.
Higdon read from the bill, which states a motorist can’t be stopped unless an officer has visually observed a violation with a clear and unobstructed view.
Smith expressed concern about what officers could potentially see through a digital format. He said there is a bit of vagueness in the legislation, but he voted for the bill.
Sen. Gex Williams, R-Verona, voted against the bill, saying collision avoidance and lane centering technology in autonomous vehicles or vehicles with driver’s assistance helps motorists be safe.
Senate Majority Whip Mike Wilson, R-Bowling Green, said he voted yea because he’s been a motorcyclist since he was 14 years old and he’s aware of distracted driver dangers.
“Motorcycle license clubs have talked to me over and over again about the dangers of people being on their telephones, and we all see it all of the time. I’ve been trying to be hands-free,” he said.
SB 28 advanced off the Senate floor following a 31-7 vote and now heads to the House.
Information from the Kentucky Legislative Research Commission.
