A Plan to Take Phones Out of Drivers' Hands

By HUGO MARTIN

July 10, 2001 12 AM PT

TIMES STAFF WRITER

America’s car culture capital is California.

After all, we invented the SigAlert, the freeway gridlock term known around the world. We also came up with Botts dots, those little raised lane markers on most freeways. We popularized the drive-through restaurant and we have radio stations with traffic reports every five minutes.

In short, Californians have always been trendsetters when it comes to anything related to driving.

But it was New York, not the Golden State, that was first to respond to one of the prime annoyances of the road: drivers who phone while they drive. Last month, New York became the first state to ban the use of hand-held cell phones while driving, a prohibition that has been considered by 21 states.

How long before trendy California does the same?

New York Assemblyman Felix Ortiz, the author of the anti-cell phone law for the Empire State, believes it won’t be too long.

“I have no doubt in my mind that we will see other states modeling their legislation after ours,” he said.

He may be right.

In May, a bill calling for a similar ban in California fell one vote shy of clearing a key Assembly committee in Sacramento. The author, Assemblyman S. Joseph Simitian, a freshman Democrat from Palo Alto, plans to reintroduce the legislation in January. He said he hopes the example set by New York will help his bill gain support.

“I think the fact that New York took that step will make it easier for other states to do the same,” Simitian said, calling from his cell phone in the middle of the 120-mile commute from his Palo Alto home to his job in Sacramento.

He noted that he was making the call while using a headset, allowing him to keep both hands on the steering wheel. (Such hands-free devices start at about $20 each.) His bill, like the New York law, would exempt motorists who use hands-free phones. The New York law and the California proposal also allow motorists to use cell phones in emergencies.

Simitian’s bill, if adopted, would take effect in 2005 and would impose a $20 fine for the first offense and $50 for the second and subsequent violations. In contrast, the New York law takes effect Dec. 1 and hits drivers with a $100 fine on the first offense, $200 for the second offense and $500 for the third and subsequent violations.

The assemblyman hoped that the bill’s relatively small fines and delayed implementation would help it win support from cell phone makers. The bill is strongly opposed, however, by most major cellular companies. The exception is Verizon Wireless, the nation’s largest wireless communications provider. Verizon officials, who also supported the New York law, called Simitian’s bill sensible legislation.

Other wireless companies, such as AT&T; and Sprint PCS, concede that driving while using a hand-held cell phone may be dangerous. In fact, both companies distribute pamphlets and other literature warning motorists against such driving. But the firms bristle at the idea of singling out phone-happy drivers for prosecution.

They also argue that cell phones are no more a distraction for drivers than drinking coffee, eating fast food, changing the radio dial or disciplining restless children.

“Why isn’t [Simitian] picking on Maybelline for allowing women to put makeup on in the car?” said Steve Crosby, vice president of corporate communications for AT&T; Wireless.

Stephanie Walsh, a spokeswoman for Sprint PCS, said her firm believes drivers should be educated on the safest way to use cell phones. “Should you be talking on the phone while in your car? No,” she said. “Should you be legislated for that? No.”

Though New York was the first state to adopt a cell phone ban, several cities on the East Coast and in the Midwest also have made it illegal to clutch a cell phone while driving. Just last month, Santa Fe, N.M., adopted such a law.

Last year, Santa Monica debated restrictions on cell phone use, but the City Council voted down the proposed $250 fine for motorists caught calling within city limits.

The AT&T; and Sprint representatives said they are not concerned about losing customers because of a cell phone ban. Supporters of anti-cell phone laws say that cell phone companies are privately worried that their liability would increase if more governments declare cell phone use a driving hazard--a charge the cell phone companies reject.

Several government and academic studies have concluded that using hand-held cell phones while driving can pose a risk. The data are limited, however, because few law enforcement agencies track such information.

A bill by Assemblyman George Nakano (D-Torrance) requiring the Highway Patrol to report when cell phone use plays a role in traffic accidents has passed the Assembly and is pending in the Senate.

The National Highway Safety Administration estimates that at least 25% of reported crashes involve some form of driver distraction.

An often-quoted 1997 study by the New England Journal of Medicine said that the use of cell phones in cars can quadruple the risk of an accident. A Harvard study released last year estimated that the risk of being killed in an automobile crash while using a cell phone is about 6 in a million per year. In contrast, the chances of being killed while driving drunk is 31 in a million in a year, the study said.

Representatives of cellular phone companies often cite the May report by the Automobile Assn. of America’s Foundation for Traffic Safety as proof that cell phones are not a significant problem.

The AAA report studied nearly 5,000 accident reports in North Carolina between 1995 and 1999. It found that cell phone use was blamed for 1.5% of the accidents caused by distracted drivers. In contrast, 1.7% of the accidents were the result of motorists eating or drinking. Adjusting a car stereo or CD player while driving was blamed for 11.4% of the accidents.

The leading causes of distractions, according to the study, were objects and people outside the car, accounting for nearly 30% of the accidents.

“If you take a look at what people do in cars, [cell phones are] one of many distractions,” said Crosby, the AT&T; spokesman. “Why pick on cell phones?”

Eden Rosen, an author from Burbank, can tell you why. She’s had a couple of run-ins with cell phone-packing motorists.

Last year, the driver of a sports car, clutching a cigarette in one hand and a cell phone in the other, cut across four lanes of freeway traffic, barely missing Rosen as she drove north on the Golden State Freeway near Valencia.

“Talk about being afraid,” she said. “I was scared to death.”

Only a couple of weeks ago, another driver chatting on a cell phone swerved in front of her on Glenoaks Boulevard in Glendale. This time, Rosen followed the man to a nearby gas station, where she gave him a good, old-fashioned tongue-lashing.

“I know it wasn’t the brightest thing to do,” she said, “but I was mad.”

Now, that truly sounds like a New York state of mind.

If you have questions, comments or story ideas regarding driving or traffic in Southern California, send an e-mail to behindthewheel@latimes.com.

Cell Phone Bans

Cities and states where it is illegal to use hand-held cell phones while driving:

Brooklyn, Ohio

Conshohocken, Pa.

Hilltown, Pa.

Lebanon, Pa.

Santa Fe, N.M.

New York state

Countries with similar bans