It should be noted that SB28 by Sen. Joe Simitian, D-Palo Alto, is not a reaction to the recent Metrolink commuter rail disaster, in which text messaging is suspected to have played a role. The bill was introduced as early as March of 2007. The law, which will go into effect on Jan. 1st, 2009, will make California one of a handful of states that bans texting while driving. Others include Louisiana, Minnesota, New Jersey, Connecticut and Washington.

While it should be obvious that text messaging (or emailing, don't expect Blackberrys, iPhones or other smartphones to be exempted from this) is more distracting than talking on the phone, studies have shown as many as 30% of cell phone users text while driving.

Schwarzenegger said in a written statement:

"Banning electronic text messaging while driving will keep drivers' hands on the Simitian said. wheel and their eyes on the road."

Simitian said:

"I know some folks say, 'Do we really need a law, isn't it common sense?' Unfortunately, common sense isn't all that common."

I like that statement; it's clear from many more incidents than just texting while driving that common sense does not rule human behavior.

As I said, the text-messaging ban will go into effect on Jan. 1st. A violation would result in a $20 fine for a first offense and $50 for each subsequent offense. Of course, this is a relatively low fine, just as with California's earlier hands-free law that went into effect in July. A higher fine might have been a good idea; I still see drivers casually using cell phones without a headset, and not those who have been exempted, either.