Environment, Energy and Transportation Program

Cell Phones and Driving: 1999 State Legislative Update

August 1999

Introduction

Cellular telephones are fast becoming an important factor in highway safety. More than 60 million people in the United States subscribe to wireless telephone services, and approximately 80 million people will own wireless telephones by the year 2000.

Surveys indicate that 85 percent of wireless phone owners use them while driving to conduct business, stay in touch with loved ones, call for assistance, report emergencies, convey information about hazardous road conditions, and report aggressive or drunk drivers. In 1996 alone, cell phone users placed 2.8 million calls for emergency assistance. Studies published in the New England Journal of Medicine and by the National Highway Traffic Safety Administration (NHTSA) have concluded that cellular phones often reduce response time to automobile accidents and actually save lives.

State policymakers, however, must weigh the benefits of wireless technology against the growing evidence of the potential dangers of cell phones in automobiles. Several recent studies correlate driver use of cellular telephones with an increased risk of crash. A study published 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. The report found no distinction in safety between hand-held cell phone devices and hands-free devices.

The British Journal of Psychology recently published a study that provided additional evidence that speaking on mobile phones-even if they are hands-free-can make drivers more dangerous. The research, conducted at the University of Reading found that drivers who were distracted by cellular telephones were significantly worse at judging safe stopping distances, anticipating hazards and choosing when to turn into a line of traffic.

A report published by NHTSA similarly concluded that cellular phone use while driving increased the risk of a crash, and that greater numbers of cellular phones probably will increase the number of future crashes. Moreover, future technological developments-such as on-board navigation systems and portable facsimile machines-could heighten driver distractions and lead to more crashes.

Wireless technology proponents argue that phones are no more distracting than a radio, food or the vanity mirror. They say that people who drive carelessly while using a car phone should be covered by the same reckless driving laws as any other driver. As more constituents report near misses with drivers using car phones, however, legislators may feel growing pressure to specifically restrict cellular phone use in automobiles.

State Action

All states make reckless or careless driving illegal. Few states, however, specifically regulate cellular phone use in automobiles. California, Florida and Massachusetts impose minor restrictions on cellular telephones in automobiles. In California, rental cars with cellular telephone equipment must include written operating instructions for safe use. In Florida, cellular phone use is permitted in an automobile as long as it provides sound through one ear and allows surrounding sound to be heard with the other ear. In Massachusetts, car phones are permitted as long as they do not interfere with vehicle operation, and drivers keep one hand on the steering wheel at all times. Oklahoma and Minnesota require police to include information about cellular telephones in accident reports. No state bans wireless phones in automobiles.

At least 22 states since 1995 have proposed bills concerning cellular telephones in automobiles. In 1999 alone, 15 states proposed measures to restrict cellular telephones in motor vehicles (see table 1). Legislation varied in severity from proposals that would ban all use in vehicles, to requirements for hands-free devices, phone call length restrictions, requirements to keep one ear free, solicitation restrictions and improved data collection. Although none of the bills have passed yet, legislation is still pending in Georgia, Illinois, New Jersey, Pennsylvania and New York. Another measure was held for further study in Rhode Island.

Table 1. 1999 State Legislation

State	Type of Legislation	Bill Status
Connecticut	HB 5177- To prohibit hand-held devices HB 6314-Develop guidelines for cell phone use SB 612-Prohibit hand-held devices	All three bills failed the joint favorable deadline and died in committee.
Georgia	HB 310-Requires exercise of due care with mobile telephones.	Carried over to next session.
Illinois	HB 1363-Requires hands-free device	Carried over to next session.
Louisiana	HB 1151-Authorizes cell phones on school buses SB 352-Requires Dept. of Public Safety and Corrections to collect and publish data on cell phone use in crashes.	Both bills died in committee.
Maine	HB 68-Prohibits hand-held devices	Recommended ought not to pass.
Maryland	HB 37-Prohibits driver from using cell phone in motor vehicle that is in motion.	Reported unfavorably.
Nevada	AB 328-Prohibits person from using portable telephone while operating moving motor vehicle.	Died in committee.
New Jersey	AB 2694-Prohibits use of car phone while driving.	To Assembly Committee on Transportation.
New York	12 cell phone bills proposed in 1999 would prohibit cell phone use while driving, prohibit hand-held devices, require studies on the danger, require information in accident reports, and require warnings about dangers. ABs 50, 1435, 2302, 3016, 3684, 4361, 4947, 5838, 6120. SBs 1435, 1767, 2134.	Many bills still pending.
Ohio	HB 251-Prohibits use of cell phone while driving.	Died in committee.
Oregon	HB 2616-Prohibits use of hand-held device HB 3262-Requires information on accident report SB 478-Creates offense of driving while using mobile telephone	All died in committee.
Pennsylvania	HB 395-Prohibits hand-held device	To House Transportation Committee.
Rhode Island	HB 5573-Prohibits hand-held device	Held for further study.
Texas	HB 994-Creates offense of using a telephone while operating a motor vehicle.	Died in committee.
Virginia	HB 737-Prohibits school bus drivers from using cell phones while operating a school bus.	Died in committee.

Source: NCSL, 1999.
Federal Action

To date, the federal government has not acted to limit cellular telephone use in automobiles. Traffic safety laws and enforcement are traditionally within the scope of state law.

Evidence of Effectiveness

Because so few states regulate wireless technology in motor vehicles, it is difficult to measure the effectiveness of legislation. Car phone regulations in foreign jurisdictions, however, provide valuable insight. At least seven countries-including England, Switzerland, Spain, Australia, Israel, Italy and the Republic of Singapore-restrict or prohibit cell phone use while driving a motor vehicle.

Other Developments In 1999

In March, Brooklyn Ohio became the first jurisdiction in the nation to significantly restrict the use of cellular telephones in motor vehicles. The Cleveland suburb passed a hands-free ordinance that makes it a misdemeanor to use a cell phone while driving unless both hands are on the steering wheel. Exceptions are given to those using cell phones to call emergency crews and those who use the phone while the car is in the park position. Devices that utilize speakerphones are allowed.

Conclusion

Wireless telephone use among drivers will continue to proliferate. As use increases, state legislatures will be increasingly challenged to balance safety concerns against the obvious benefits. Already, state legislatures are considering measures to improve data collection, link cellular phones with insurance and tort liability, and restrict use of wireless telephones in motor vehicles.

Table 2. State Restrictions on the Use of Cellular Telephones

State	Statute	Restriction	Penalties
California	Veh. Code 28090	Rental cars with cellular telephone equipment must include written operating instructions concerning its safe use.	$100 maximum for first violation. $200 maximum for second. $250 for third and subsequent violations committed within one year.
Florida	FLS 316.304	Cellular phone use is permitted as long as it provides sound through one ear and allows surrounding sound to be heard with the other ear.	$30 for each violation. Non-moving violation.
Massachusetts	GLA 90-13	Cellular phone use is permitted as long as it does not interfere with the operation of the vehicle and one hand remains on the steering wheel at all times.	$35 maximum for first violation. $35 to $75 for second violation. $75 to $150 for third and subsequent violations committed within one year.

Note: No other states place restrictions on cellular phone use in vehicles.

Source: NCSL, 1999.
Selected References

National Highway Traffic Safety Administration. "An Investigation of the Safety Implications of Wireless Communications in Vehicles," November 1997.

Redelmeier, Donald A. and Robert J. Tibishirani. "Association Between Cellular-Telephone Calls and Motor Vehicle Collisions," The New England Journal of Medicine, Feb. 13, 1997.

Contacts for More Information

Report By: Matt Sundeen, Policy Specialist, Transportation
(303) 364-7700

Other NCSL contacts:

Jim Reed, Program Director, Transportation
(303) 364-7700

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