Friday, August 24, 2001

Call waiting
Texas lawmakers say ban on cell phones unlikely legislation
By Chrissy Braden
senior reporter

New York passed the United States’ first state law in June to limit cell phone use while driving, re-igniting debate across Texas about a possible need for similar laws here.

Although recent studies have shown the dangers of driving while on a phone, most Texas lawmakers doubt Texas will ever pass a law similar to New York’s.

Texas state Rep. Paul Moreno of El Paso wrote a bill in 1999 that only allowed drivers to use hands-free phones while driving or hand-held phones when stopped.

Erin Munger/PHOTO EDITOR While some legislation focuses on restricting cell phone use to hands-free sets when driving, studies have shown the distraction level is no different than talking on a hand-held.

Moreno’s bill, House Bill 994, which did not pass, was the last bill proposed in Texas to limit cell phone use while driving. Robert Grijalva, a staff member in Moreno’s El Paso office, said the representative concentrated on appropriations in El Paso this year, rather than limiting cell phone use.

Legislatures in 42 states have proposed bills this year to restrict or prohibit cell phone use while driving, according to the National Conference of State Legislature’s Web site (www.ncsl.org). Texas did not make such a proposal this year.

Texas state Rep. Bill Carter said legislation limiting cell phone use while driving has been discussed the last four or five years.

“(The legislation) is an invasion of an area of personal responsibility and would be ineffective,” Carter said. “It would be like a law against people putting on lipstick or anything that keeps both hands from being on the steering wheel.”

The New York law limits drivers to using a hands-free cell phone. But a AAA Foundation for Traffic Safety study, that was released this month, concluded that talking on a cell phone is a greater distraction than holding the phone.

The study found that drivers using both hands-free and hand-held cell phones missed twice as many traffic signals than they did when they were not on the phone.
Carter said cell phones are rapidly moving to voice-activated and hands-free technology, making laws restricting cell phone use to these features unnecessary.

“The problem isn’t having two hands on the wheel,” Carter said. “It’s the lack of concentration.”

Verizon Wireless supports the ban on hand-held cell phones, while other cell phone companies like Sprint PCS support educating people on cell phone safety rather than passing legislation against using cell phones, according to WFAA’s Web site (www.wfaa.com).

But Carter said he did not think putting restrictions on drivers’ cell phone use would have a big impact on reducing accidents.

“It’s more of a feel-good thing,” he said, “It would be hard to enforce.”

Fort Worth Police Department Sergeant Harold Baxter agreed a law against cell phone use while driving would have little impact on reducing accidents and would be hard to enforce.

“It’d be like the old open container law,” he said. “We would have to see someone drinking a beer before it could be enforced. People would figure out they could still use their phones, they’d just be careful about doing it when we were sitting right next to them.”

Baxter said the FWPD does not record whether or not a cell phone could have played a role in an accident.

The New York law was passed after three of the state’s counties set laws restricting cell phone use while driving to decrease accidents.

Texas counties are not subject to make laws, but cities can make ordinances against things such as driving while using a cell phone.

Monte Acers, director of legal services of the Texas Municipal League, said many cities inquire about such laws.

“I’m not aware of a city (in Texas) actually doing it,” he said. “It’s just talk, and it usually stirs up a lot of debate.”

Although cities continue to debate restricting cell phone use while driving, lawmakers like Carter do not think New York’s law will influence a bill to be passed in Texas when the state legislature meets again in 2003.

“I doubt Texas will ever pass a law restricting cell phone use,” Carter said.

Chrissy Braden
l.c.braden@student.tcu.edu