CELLPHONE RESTRICTIONS WHILE DRIVING STILL HOT STATE ISSUE

No state yet has followed the lead of N.Y., which in 2001 passed the first law to require hands-free operation of mobile phones in cars. Among the states industry observers and advocates are watching closely for similar action are Cal. and N.J., sources said.

One difference between the current legislation and bills promoted several years ago is the sheer array of proposals, Sundeen said. He estimated that 88 bills were pending in the 34 states where legislation had been introduced. In years past, such bills generally proposed outright bans on cellphone use in cars. Now a trend has developed for recommendations for hands-free use of phones and other wireless devices in cars and broader efforts to curb distracted driving habits such as personal grooming and eating, Sundeen said. In other cases, particular groups of drivers are being targeted by bills requiring hands-free use, such as those with learner permits or school bus operators, he said.

One impetus behind some state bills has been to prevent a patchwork of local statutes that would impose different requirements on drivers, several lobbyists said. Fla., Miss., Okla. and Ore. already have laws that preempt localities from enacting their own restrictions on cellphone use in cars, said Jennifer Ryan, American Automobile Assn. mgr.-state relations. She said such bills were pending in Ga., Ind., Ky. N.J. and R.I. That trend has led to a drop in the number of localities that have tried to enact bans on the handheld use of cellphones in cars, Ryan said. “It’s been at least been 9 months or a year since I've heard of a locality enacting such a hand-held ban. It’s not that they're not trying, but they're not getting passed,” she said.

The Cal. Assembly Transportation Committee narrowly approved a bill last week (CD March 5 p10) that would require drivers to use hands-free devices when using their mobile phones on the road. It voted after the release of a study by the Cal. Highway Patrol (CHP) that cited cellphone use in vehicles as playing a leading role in accidents caused by driver distraction. The bill, sponsored by State Rep. Joseph Simitian (D-Palo Alto), was defeated in 2001 and 2002. The panel’s approval came after the CHP study cited the use of handheld cellphones as a major contributor to 11% of the 5,677 auto accidents attributed to driver distraction in the first half of 2002 and as a factor in 8 fatal accidents.

Verizon Wireless backs the Cal. bill, saying last week it had “broken ranks with the wireless industry to support statewide legislation that preserves a hands-free option.” The carrier said it had testified on hands-free bills in 30 states. Verizon Wireless Vp Howard Woolley said the company’s policy was to support state legislation on hands- free requirements if policymakers and the public decided to do something on the issue. The company has backed such statewide efforts that preempt local or county initiatives, explicitly exempt emergency calls and provide an adequate phase-in period, he said. The carrier also supports proposed penalties that wouldn’t be greater than other driving infractions. Asked why more states other than N.Y. hadn’t imposed a statewide mandate for hands-free devices, Woolley said, “There’s a recognition by policymakers that the industry is encouraging responsible driving and in particular our company has taken a lead on that… I think the other issue is that in many states there hasn’t been the political interest or will to take this matter all the way. That’s speaks to the sort of local nature, state-based nature of this kind of issue.”

Among the state bills introduced this year that would restrict local regulations is a Nev. Senate proposal filed Jan. 24 that would bar local govts. from regulating drivers’ use of a wireless phone or other handheld mobile device. Other bills that would place cellphone restrictions on drivers have died. A bill by Mont. Sen. Ken Toole (D) that would have prohibited cellphone use while driving died in committee in Feb. when it missed a deadline for general bill transmittal. A Miss. bill (HB-537) that would have banned the use of wireless phones while driving without hands-free accessories died in committee Feb. 4. A bill floated in the Md. General Assembly last month (HB-554) would have barred a driver under 18 years of age from using a cellphone in a car unless it was being used to dial 911. The bill, which was withdrawn last week, wouldn’t make exceptions for hands-free devices for drivers in that category. Another bill (HB-63) that would require hands-free cellphone use while driving received an unfavorable report from the Md. House Environmental Matters Committee last month.

States where proposals for hands-free requirements still are pending include Mass., where State Sen. Steven Tolman (D- Boston) proposed a measure (SB-1390) that would bar callers, except in emergencies, from using a wireless phone while driving unless they had hands-free equipment. His bill, which has been referred to the Senate Public Safety Committee, also would bar a driver younger than 18 from using a phone while driving, except for emergencies. In Minn., Democratic Sen. Wesley Skoglund introduced a similar bill in Jan. that would require that wireless phones used in cars be hands-free so a driver could “maintain both hands on the steering wheel.” The exceptions in S.F. 124, which has a companion in the House, include calls to 911 or police. A Mo. bill (HB-502) by Rep. Marsha Campbell (D-Kansas City) Feb. 18 also would impose hands-free cellphone requirements on drivers, with exceptions for certain emergencies.

A proposal in Me. (LD-836) would bar “driving while distracted,” which it defined as including using a cellphone, reading, eating or grooming. A police officer could enforce that provision, which carries fines of up to $250, only if a person had been stopped for another violation. To date, N.H. is the only state that has a statutory ban on negligent driving that takes broader distraction issues into account, AAA’s Ryan said.

Among the states that have come closest to following N.Y.’s lead is N.J., where NCSL’s Lundeen said a bill got an important boost last year when Gov. James McGreevey voiced support for both Senate and Assembly versions of the proposal. The proposals would fine drivers up to $250 for not using a headset device for their phones while driving. They would require that motor vehicle accident reports indicate whether a driver involved in an accident was using a cellphone at the time. The penalties imposed by the proposals would apply only when a driver was stopped for another violation. The state Senate passed S-338, sponsored by Sen. Martha Bark, in Oct., 39-0. The Assembly version is pending in committee.

One of the factors behind the continued heavy volume of proposed state restrictions on cellphone use while driving is the increase of technology on the road, Sundeen said. “The sheer volume of phones on the road has made it a concern for legislatures,” he said. The sophistication of gadgets, including phones that can transmit digital pictures, also is a factor. “When all that stuff is on the road, constituents are going to be concerned about that,” Sundeen said, saying that in some states the issue gained additional momentum if there were high-profile accidents involving cellphones.

Ryan said that among the latest state bills, AAA had seen an increase in the number of states looking at data collection issues such as increased reporting requirements that would take into account factors such as cellphone use. There also appeared to be an increase in the number of bills that would restrict cellphone use by teen drivers, although only N.J. has put such legislation into effect, she said. Lawmakers in N.D. and S.C. also are considering such restrictions, she said. “There’s been a lot of ‘wait-and- see,’ with the New York law being the only law in the country” that required hands-free use of cellphones while driving, Ryan said. Some lawmakers in other states were waiting for a report due to the N.Y. legislature by year-end that would describe “what the impact of the law has been and how it has affected driver behavior,” she said.

Of 89 bills introduced in 34 states involving cellphone use and driving, 64 still are pending while the rest have been defeated, said Sheryl Wright, Sprint PCS dir.-state govt. affairs. Of those pending, 20 bills in 12 states would require hands-free operation of cellphones while driving and 9 bills in 5 states would provide an outright ban on wireless phone use on the road, she said. Along with N.J., Hawaii appears to be headed somewhat closer than other states to final passage of a hands-free requirement with a bill to that effect having passed the state House last week, she said. Sprint has supported legislation that treats cellphone use on par with other potential driver distractions, such as grooming and eating, she said. The concern with bills that address only cellphone use is that it singles out wireless phones without addressing other sources of distracted driving, she said. The carrier also supports increased police tracking or studies that provide a fact-based picture of a range of driver distractions, she said.