SAY WHAT?

From the Ledger:" O'Brien said AAA is urging passage of proposed House Bill 41...wants to make texting-and-driving a non-moving traffic offense..."

Now, don't get me wrong, I'm certainly against texting & driving (actually any cell phone usage in cars), but how can it be a non-moving violation if it's texting and driving? Doesn't the driving part make it a moving violation by definition??

What's next; assault & battery as a non-violent crime...?