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Environment, Energy and Transportation ProgramCell Phones and Highway Safety: 2001 State Legislative Update
August 2001By Matt Sundeen, Senior Policy Specialist ContentsState Action Wireless telecommunications technologies and distracted drivers have rapidly become the hot issue in traffic safety. According to the Cellular Telecommunications Industry Association (CTIA), more than 120 million Americans subscribe to wireless telephone services. The National Highway Traffic Safety Administration (NHTSA) estimates that 73 percent of those subscribers use their phones while driving to conduct business, report emergencies, stay in touch with loved ones, call for assistance, and report aggressive or drunk drivers. The proliferation of cell phones in cars and their potential for distracting drivers has attracted the attention of state legislators, media and the general public. Cell phones are not the only distraction, however. Auto manufacturers -such as Ford, General Motors and Daimler-Chrysler - are placing a variety of information and entertainment devices in new vehicles. In many cars, drivers or passengers now can check e-mail, surf the Web, and use real time navigation systems. Experts estimate that the global market for in-vehicle devices will exceed $40 billion by 2010. Telecommunications companies tout both the safety and commercial benefits wireless devices can provide for drivers. CTIA estimates that 139,000 emergency calls are placed by cell phone users each day. New technologies in cars can automatically notify emergency personnel of a crash and can improve crash data. Studies published in the New England Journal of Medicine and by NHTSA have concluded that cellular phones often reduce emergency response times and actually save lives. Cell phones and other wireless devices also are used for a variety of commercial purposes. Drivers can use cell phones for business transactions such as stock purchases. Commercial vehicle operators and truck drivers use CB radios and cell phones to keep in touch with their offices and to receive routing information. Lawmakers must weigh the advantages of wireless technology against potential problems. The tremendous influx of potentially distracting gadgets and technologies in motor vehicles has heightened concern about traffic safety. However, there is no consensus on whether cell phones are a greater threat in the car than are eating, applying make-up, tuning the radio or talking with passengers. Studies conducted in the United States, Great Britain and Japan have concluded that people who use mobile phones while driving pose a greater risk of crashing. One widely quoted report published in 1997 in the New England Journal of Medicine concluded that the distraction caused by phone use in motor vehicles quadrupled the risk of a collision during the brief period of a call, a rate equivalent to the impairment caused by legal intoxication. Conversely, studies published by the Harvard Center for Risk Analysis and the AEI-Brookings Joint Center for Regulatory Analysis both concluded that the risks posed by cellular phone use while driving alone appeared small in comparison with other dangers on the road. A study of North Carolina crash data by the University of North Carolina Highway Safety Research Center concluded that cell phones ranked eighth in a list of distractions that caused crashes, below activities such as adjusting the radio or eating and drinking. NHTSA estimates that 25 percent to 30 percent of motor vehicle crashes are caused by driver distraction. State ActionFew states specifically regulate cellular phone use in motor vehicles. In 2001, New York became the first state to prohibit drivers from talking on hand-held cell phones while operating a motor vehicle. California requires that rental cars with cellular telephone equipment must include written operating instructions for the safe use of the cell phone. Florida and Illinois allow cellular telephone use in the car as long as the device does not impair sound to both ears of the driver. Arizona and Massachusetts prohibit school bus drivers from using cell phones while operating a school bus. Massachusetts also requires that all drivers have at least one hand on the steering wheel at all times while using a cell phone (see table 1).
In addition to these laws, many states are working to improve their knowledge about the potential risks associated with cell phones. Two years ago, only Minnesota and Oklahoma tracked mobile phone involvement in motor vehicle collisions. Now, at least 20 states collect information about cell phones and driver distractions on crash report forms. Additionally, legislators in Louisiana, New Jersey, New Mexico, Pennsylvania and Virginia approved cell phone and driving studies. 2001 State LegislationIn 2001, state legislators proposed approximately 140 bills regarding cell phones and driving in 43 states, the District of Columbia and Puerto Rico. Legislation varied in each jurisdiction (see table 2). Thirty-five states, the District of Columbia and Puerto Rico considered measures to prohibit the use of hand-held mobile phones while driving. Fourteen states and the District of Columbia considered proposals to improve data collection about cell phone involvement in motor vehicle crashes. Legislators in 11 states proposed bills to increase the penalties or responsibility of drivers who crash while using a cell phone. Seven states considered measures to prohibit school bus drivers from using a cell phone while operating a school bus. Seven states considered proposals to restrict or prohibit cell phone use by young or teenage drivers. Legislators in three states proposed time limits for calls by drivers. Legislatures in two states considered bills that would prohibit all use of cell phones in cars. Two states also considered legislation to prohibit local restrictions on cell phone use in vehicles. Both the volume and success rate of state cell phone legislation increased in 2001 compared with previous years. Of the 45 jurisdictions to consider bills this year, eight passed legislation regarding cell phones and driving. New York now prohibits drivers from using hand-held cell phones while driving, except in emergency situations. Massachusetts prevents school bus drivers from using cell phones while operating a school bus. Louisiana, New Jersey and Virginia passed resolutions to study the risks associated with cell phones and driving. New Jersey also prohibits a driver with a learner's permit from using a cell phone while operating a motor vehicle. Illinois revised headset restrictions to allow for one-sided headsets with cell phones. Oklahoma and Oregon prevent local jurisdictions from enacting cell phone ordinances. Several additional bills passed legislative bodies. Legislation to prevent teenage drivers from using cell phones while driving passed the Tennessee Senate, but died in the House. The Connecticut House approved a measure to prevent the use of hand-held phones by drivers. It was defeated in the Senate. A bill in Rhode Island to prohibit hand-held cell phones in motor vehicles passed both the House and the Senate but was vetoed by the governor. In comparison, 27 states considered cell phone measures in 2000, and 15 states considered bills in 1999. No bills passed in 1999, and one joint study resolution passed in Pennsylvania in 2000. Table 2 - 2001 State Cell Phone Legislation
Federal ActionTo date, the federal government has not acted to regulate use of mobile phones and wireless technologies in motor vehicles. Federal lawmakers proposed legislation to curb cell phone use in cars for the first time in 2001. If passed, Senate Bill 927, authored by Senator Corzine (N.J.), and House Resolution 1837, sponsored by Representative Ackerman (N.Y.), would require states to prohibit hand-held cell phone devices in motor vehicles or risk losing federal highway funds. Testimony was presented to Congress about mobile phones and driving in a hearing before the House Committee on Transportation and Infrastructure Subcommittee on Highways and Transit on May 9, 2001. NHTSA has long studied the traffic safety implications of mobile telecommunications technology in motor vehicles. In 1997, NHTSA published a report - An Investigation of the Safety Implications of Wireless Communications in Vehicles - summarizing driver distraction research. In 2000, NHTSA began taking public comment about the potential safety implications associated with driver distraction while using advanced in-vehicle technologies that receive, transmit or display various types of information, including those that allow drivers to phone, fax, obtain route guidance, view infrared images on a heads-up display and use the Internet. Following a public comment workshop, NHTSA's Deputy Administrator Rosalyn Millman indicated that "NHTSA's consumer information will now include advice that growing evidence suggests using a wireless phone or other electronic device while driving can be distracting, and drivers should not talk on the phone or use other devices while their vehicles are in motion." A survey published by NHTSA in July 2001 indicates that, at any given time during daylight hours, about 3 percent of drivers of passenger cars, vans, SUVs, and pickups -or approximately 500,000 drivers- are actively using a cell phone. The report also estimates that 54 percent of drivers "usually" have some type of wireless phone in their vehicle with them. Fifty-five percent of these drivers report that their phone is on during all or most of their trips, and 73 percent reported using their phone while driving. NHTSA estimates that driver distraction in all its forms contributes to between 20 percent and 30 percent of all motor vehicle crashes. Local ActionLocal jurisdictions are moving to address cell phones and driving. At least 13 municipalities or counties have passed restrictions that require drivers to use hands-free devices while operating a motor vehicle. These include:
Although all these local communities passed cell phone restrictions, five will not enforce their cell phone laws by the end of 2001. A Pennsylvania appellate court struck down the ordinance in Hilltown Township, and the state attorney general issued an opinion against the provision in Brookline, Massachusetts. The new statewide restriction on hand-held cell phones will supercede the laws in the three New York counties at the end of the year. A July 2001 ruling by the Florida attorney general's office that local governments were free to regulate cell phone use by drivers opened the door for several Florida communities to consider restrictions. In July, commissioners in Miami-Dade County voted unanimously to schedule a final public hearing in September to approve an ordinance that would make talking on a cellular telephone while driving illegal on county roads. Several other large cities -such as Chicago, Cleveland, Philadelphia and San Francisco- also have considered or are considering cell phone legislation. New York City prohibits taxicab drivers from using cell phones while driving. International ActionAt least 24 countries restrict or prohibit cell phones and other wireless technology in motor vehicles. Israel, Japan, Portugal and Singapore prohibit all mobile phone use while driving. Australia; Brazil; Chile; Denmark; Germany; Greece; Hungary; Italy; Poland; the Philippines; Romania; Slovenia; South Africa; Spain; Switzerland; Turkey; New Delhi, India; and Hong Kong prohibit the use of hand-held mobile phones while driving. Drivers in the Czech Republic, France, the Netherlands and the United Kingdom may use cell phones, but can be fined if they are involved in crashes while using the phone. Drivers in the United Kingdom and Germany also can lose insurance coverage if involved in a crash while talking on the phone. ConclusionWireless telephones and other telecommunications technologies will continue to proliferate in motor vehicles. As use increases, state legislatures will be increasingly challenged to balance safety concerns against the obvious benefits. In 2001, for the first time state legislatures approved measures to regulate and restrict cell phones in motor vehicles and worked to improve information about the safety implications of cell phones in motor vehicles. ReferencesCain, Alasdair and Mark Burris. Investigation of the Use of Mobile Phones While Driving. Tampa, Florida.: Center for Urban Transportation Research College of Engineering, University of South Florida, April 1999. Hahn, Robert W., and Paul C. Tetlock. The Economics of Regulating Cellular Phones in Vehicles. Washington, D.C.: AEI-Brookings Joint Center for Regulatory Studies, October 1999. Lissy, Karen S.; Joshua T. Cohen; Mary Y. Park, and John D. Graham. Cellular Phone Use While Driving Risks and Benefits. Boston, Massachusetts.: Harvard Center for Risk Analysis, July 2000. McKnight, James A., and Scott A. McKnight. The Effect of Cellular Phone Use Upon Driver Attention. Landover, Maryland.: National Public Services Research Institute, prepared for AAA Foundation for Traffic Safety, January 1991. National Highway Traffic Safety Administration. An Investigation of the Safety Implications of Wireless Communications in Vehicles. Washington, D.C.: NHTSA, November 1997. Redelmeier, Donald A., and Robert J. Tibshirani. "Association Between Cellular-Telephone Calls and Motor Vehicle Collisions." The New England Journal of Medicine 336, no. 7 ( Feb.13, 1997): 453-458. Stutts, Jane C.; Donald W. Reinfurt; Loren Staplin; and Eric Rodgman. The Role of Driver Distraction in Traffic Crashes. Chapel Hill, North Carolina.: University of North Carolina Highway Safety Research Center, prepared for AAA Foundation for Traffic Safety, May 2001. Utter, Dennis. Passenger Vehicle Driver Cell Phone Use Results from the Fall 2000 National Occupant Protection Use Survey. Washington, D.C.: National Highway Traffic Safety Administration Research Note, July 2001. Internet LinksAAA Foundation for Traffic Safety Contacts for More Information
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