Bill curbing car phone use advances in state Senate

OLYMPIA -- Chatty drivers using one hand to hold their phone had better not speed or break any other traffic laws if one state lawmaker's crusade against distracted drivers makes it into law this year.

Sen. Tracey Eide has tried to get a hands-free requirement onto the books for years without success. This year, her bill has been approved by the Senate Transportation Committee and could go to a floor vote within the next few weeks.

· More coverage
· Look up e-mails
· Bill info, more

"People are really tired of getting on the road and seeing people talking on the phone and not watching the road," said Eide, D-Federal Way.

If the bill passes, using a cell phone without a headset will be considered a secondary offense, which means a police officer can't pull someone over simply because they're on the phone. They would have to be committing some other type of violation, like speeding.

The headset violation would be considered a moving violation, and they'd have to pay an additional $101 fine.

"It's a step in the right direction to ensure the safety of motorists," said Capt. Fred Fakkema, a spokesman for the Washington State Patrol, which supports the bill.

Washington joins 14 other states that are considering hands-free legislation this year, said the National Conference of State Legislatures. They are Arizona, Arkansas, Connecticut, Hawaii, Indiana, Kansas, Maine, Maryland, Minnesota, Mississippi, Nebraska, Rhode Island, Virginia and Wyoming

At least three states are also considering complete cell phone bans -- Connecticut, Indiana and New York.

New York became the first state in 2001 to pass a ban on hand-held cell phone use while driving. New Jersey and Washington, D.C., followed suit, along with several cities and municipalities.

In New York and D.C., it's considered a primary offense, and police can pull over drivers just for being on a hand-held phone. In New Jersey, it's considered a secondary offense.

There hasn't been a comprehensive study done in these states to determine whether safety has been improved by the bans, though one study showed that the ban didn't change driver behavior much in New York state.

A 2003 study in New York by the Insurance Institute for Highway Safety, a research group financed by auto insurers, found a 2.1 percent rate of drivers breaking the law by driving and talking on the phone without a hands-free device. A similar study done before New York implemented the ban in December 2001 found a 2.3 percent rate.

In Washington state, a complementary bill introduced by Eide would allow police officers to note in an accident report whether a cell phone was in use. That bill passed the Senate 45-1 and awaits action in the House.

Sen. Tim Sheldon, D-Potlatch, was the only "no" vote, and he's against the headset requirement as well.

"This is a Big Brother approach to cell phones, telling us we can't be trusted with a cell phone in our car," he said. "I don't think distracted driving comes anywhere near the levels we have with drunk drivers, people driving with no insurance, excessive speed. These are much, much more important than the cell phone issue."

Sprint spokesman Dave Mellin said the company opposes the bill because it singles out one distraction among many in the car -- changing the radio station, putting on makeup, eating and yelling at unruly children.

"Drivers need to be educated about how to use their phones in the car," Mellin said. But "out of all those distractions, the wireless phone in the car is the only item that can potentially save your life."

Janet Ray, a spokeswoman for AAA Washington, said her organization supports Eide's other bill on collecting information to study how significantly cell phones contribute to accidents in the state. But she said it's unfair to legislate only phones.

"Distracted driving, including the use of cell phones, is a major contributor to crashes. We're not disputing that," Ray said. "The concern we have is the fact that it isolates one distraction to make illegal."

Cell phone use was eighth on a list of factors contributing to accidents, ranking behind eating, changing radio stations and other driver distractions, according to a study by the AAA Foundation for Traffic Safety.

But Eide said she gets calls from constituents all the time complaining about bad drivers who are talking on the phone.

Shaka White, a 30-year-old Seattle mother, said she supports the idea of forcing people to use hands-free sets, but said she doesn't like to talk on the phone at all when she's driving because she finds it too distracting.

When she's driving, "I have an 8-year-old who does my phone talking for me."

The measure would allow motorists to use hand-held phones to summon help in an emergency or to report illegal activity. Emergency workers would be allowed to use a cell phone while driving if they are performing official duties.

Eide said she doesn't want people to give up their beloved cell phones. She just wants them to think about cell phone headsets as a safety tool, like seat belts. "The whole purpose of this is to bring awareness of what you're doing when you get behind the wheel of a car," she said.

The bill in the Senate is SB 5160.

Add P-I Local headlines to