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Saturday, May 25, 2013 | 11:29 a.m.

Posted: 7:00 p.m. Tuesday, May 1, 2012

Local police departments having difficulty enforcing texting law

By Melanie Gillespie

JOHNSTOWN, Pa. —

Thirty one tickets have been issued by state police since the new texting and driving law went into effect.

It's been in effect for nearly two months now, and while the law means well, officers are having a tough time enforcing it. 

Pennsylvania is catching up with other states nationwide to put the brakes on texting behind the wheel.

Most officers 6 News talked to agree -- the law is a great initiative, but it may not be enough. 

"Back then, I mean, you saw some people doing it and I'm sure there's people doing it now, it's just being at the right place at the right time to be able to see it," Sergeant John Herdman of the Richland Police Department said. 

It's been nearly two months since Pennsylvania lawmakers passed the state's first-ever ban on cell phone use by prohibiting texting while behind the wheel. 

After weeks of enforcing it, police said the enforcement has become the problem.

"The enforcement's tough. I mean you actually got to be able to see them texting while they're driving. We're looking for it while we're driving, while we're patrolling. iT's a hard thing to pick up, though," Herdman explained.

6 News decided to see first hand how tough it is. We rode beside Sergeant Herdman to see what he looks for when he's out on the road. 

Herdman said, "We're driving right now, and anybody that's going the opposite direction of us, we're on a four lane highway, it's tough to see what they're doing inside that vehicle."

To determinate what they're doing is part of the problem. 

"You have to try and determine if they're actually texting, as far as sending a message to somebody, or if they might just be dialing a number," Herdman said.

If you're dialing and swerving, that's still reason enough for a cop to pull you over.

You may not be in violation of the texting law, but you could be cited for not staying within a lane. 

Sections of Richland like Scalp Avenue can have the most traffic, but Herdman said the back roads and side streets can be just as dangerous. 

"Your smaller roads, or back roads... you might not have the traffic but you might have the pedestrians walking. Or you might have that telephone pole or tree that jumps out in front of you while you're looking at your phone to send a text message," Herdman said.

Richland Police haven't issued a single citation since the law went into effect. 

It's not because they're not looking, but because it's hard to distinguish if it's a text or if someone is just dialing out. 

Richland isn't the only department not handing out tickets. 

6 News called Logan Township Police out of Blair County. 

They haven't handed out a single citation. 

Johnstown Police Department is also striking out.

State College Police issued the most with five tickets on record. 

"Some people may be confused as far as the law, the way it is now as far as texting goes, where as if you eliminate all cell phones while you're driving, there'd be no question about what's going on," Herdman said.

Herdman said there's not enough teeth to the law to really make a difference.

It's all about being in the right place at the right time and putting the phone away all together would be the safest on the streets. 

"In my opinion, if you're going to go one way with it, to make it easy for everybody, just eliminate it all together," Herdman said.

A ban on cell phone use all together passed the senate last year, but didn't make it past the house before going to the governor. 

Herdman said he believes looking down to dial a number is just as dangerous as sending a text message.

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