Bill targets drivers' cell-phone use
The bill would increase criminal penalties when cell-phone use leads to a crash.
CINCINNATI (AP) -- Dennis Saxbury hasn't talked on a cell phone while driving since Jan. 4. That's the day a driver reaching for a ringing phone ran a red light and struck the van driven by Saxbury's father, killing him.
"I've talked on a cell phone before while driving, but I won't do it again," Saxbury said. "Like most people, I never really realized how dangerous it was. Now I do."
An Ohio bill inspired by that accident would increase criminal penalties when cell-phone use causes a crash. More states that have wrestled with unpopular proposals to ban phoning while driving are looking at alternatives to curb in-car calls.
Saxbury, of suburban Cincinnati, hopes that the bill proposed by state Sen. Gary Cates, R-West Chester, will get drivers' attention. The bill would allow charges of aggravated vehicular assault or aggravated vehicular homicide, both felonies, if prosecutors believe phone use contributed to or caused a crash. A conviction on first-degree aggravated vehicular homicide carries a sentence of up to 10 years in prison.
"Drivers would know the consequences they could face if they use a cell phone while driving and end up injuring or killing someone," Cates said.
Not the first
Bills that would ban using hand-held phones while driving except to report emergencies have been introduced in the House and Senate this session. A similar bill in 2001 failed.
Senate President Bill Harris said he would need more details before deciding whether to support the bills. House Speaker Jon Husted said the House has no short-term plans for addressing the issue.
Twenty-seven states and the District of Columbia have some kind of law related to cell phones in the car, but only D.C. and three states -- New York, Connecticut and New Jersey -- have banned the use of hand-held cell phones while driving, according to the National Conference of State Legislatures.
A dozen states have considered proposals this year or last year that would increase civil or criminal penalties related to cell phones and driving, said Matt Sundeen, an analyst with the National Conference of State Legislatures. He knows of no states that have enacted the legislation.
"This bill may not clear committee, but at least it will start public discussion with hearings where the Saxburys can come and tell their stories," Cates said.
Studies
The National Highway Traffic Safety Administration reported last year that about 10 percent of the people on the road during a day were using cell phones, while 6 percent of drivers were holding phones to their ears.
The NHTSA and the Virginia Tech Transportation Institute released a report last month that found cell-phone use was the most common distraction for drivers in crashes and near-crashes. The study also found that the risk of a crash increases almost threefold when a driver is dialing a cell phone.
"Talking on a phone is a very risky thing for a driver to do, whether the phone is hand-held or hands-free," said Anne McCartt, vice president for research with the Insurance Institute for Highway Safety.
Opposition
Some groups don't believe legislation is the answer.
The Governors Highway Safety Association opposes legislation specifically targeting cell phones and believes the focus should be on education. There are already laws addressing reckless or negligent driving, and laws targeting cell phones are difficult to enforce because of the need to prove a driver was using the phone, association spokesman Jonathan Adkins said.
CTIA-The Wireless Association, a wireless industry trade group, warns that laws or even educational efforts focusing solely on wireless usage could give drivers a false sense of security.
"Are we going to pass laws making it illegal to eat a hamburger behind the wheel or to reach for a CD?" spokesman Joseph Farren said.
Cates said it was once acceptable for people to drink and drive, but increased penalties have made drivers wary of the consequences.
"This issue isn't going away," he said.