A year after Indiana was placed under a texting and driving ban, law enforcement agencies remain concerned with distracted driving as a major factor in accidents statewide.

While police agree the ban was a step in raising awareness of the issue of texting and driving, it remains difficult for them to enforce

Indiana Code 9-21-8-59 states a person may not use a telecommunications device to send or read a text message or email while operating a vehicle. However, an officer does not have the authority to confiscate the device or retain the device as evidence without a warrant, as the device is considered private property.

That leaves officers without the opportunity to prove whether a person was violating the law, and without the chance to issue citations.

Over the last year, Elkhart Police Department has issued five citations. The Elkhart County Sheriff’s Department has issued 16 citations and four warnings. On a state level, the Indiana State Police issued 125 citations and 114 warnings from July 1, 2011, through June 1 this year.

“I wouldn’t mind if it were more prohibitive; the problem is that it’s already very, very hard to enforce,” said Cpl. Dan jones with the Elkhart Police Department. “It would be difficult to pull someone over for tuning their radio or turning on their phone.”

While officers can issue citations for reckless driving, such as weaving on and off the lane, they may not be able to issue a citation or warning for texting and driving.

Indiana Representative Eric Koch, author of the bill, said it is early to come up with data to show if the law has been effective, specifically in the change of the drivers’ behavior toward texting while driving.

“What’s important is that the general assembly has made a statement of public policy,” he said, “while saying texting and driving is wrong and it serves as a teaching tool and educational device, particularly for young drivers.”

Indiana is among 24 states in the U.S. that have a ban placed on texting while driving, or a similar law banning distracted driving, according to the Insurance Institute for Highway Safety. Alabama, Idaho and West Virginia will place bans this year.

Koch said he believes the number of citations proves that so far the ban has worked.

“It’s not perfect, but it’s evidence that the law is making a difference,” he said. “I think that, like any law, as time goes by it needs to be visited.”

A BIGGER CONCERN

For Sgt. Ryan Lebo from the Indiana State Police, distracted driving is a major concern. Though there is no law that prohibits drivers from eating, talking on their cell phones or using a GPS device, Lebo said attention separation among drivers is something the ISP is trying to tackle.

“Whether drivers use a hands-free device or not isn’t typically the big problem,” he said. “The problem is the attention separation. Everyone who drives and talks on the phone is guilty of it.”

In 2011, 1,027 crashes where cell phone usage was listed as a contributing factor were reported throughout the state. Five of these accidents were fatal.

Jones said while he has not been directly involved in reporting a cell phone-related accident, he does see distracted drivers frequently.

“I’ve seen folks weaving in and out a lane, and it resembles a drunk driver,” he said,. “And then you realize they were distracted by texting or playing with their radio or a number of things. “

There is no bill that would restrict the use of other devices while driving, but Lebo said technology has become the main distraction for drivers.

“It’s attention separation and everyone’s guilty of it,” he said.