NFBT: NY Assembly bans motorist cell phone use

[keg in kc]

From the AP wire,

JUNE 26, 03:53 EST

NY Assembly Approves Cell Phone Ban

By MICHAEL GORMLEY

Associated Press Writer


ALBANY, N.Y. (AP) — The first state ban on motorists talking on hand-held cell phones has gotten final legislative approval, but it may be months before yakking drivers are treated like outlaws in New York.

If Gov. George Pataki signs the bill, as he has said he would do, the ban would begin Nov. 1, although drivers caught using hand-held cell phones will be issued only warnings during the first month.

And violators could have their tickets dismissed until the end of February if they present the judge with a receipt showing they bought a hands-free cell phone system.

The measure, adopted 125-19 in the state Assembly on Monday night, was approved by the Republican-controlled Senate last week. The governor will sign the bill into law this week, said spokesman Michael McKeon.

Opposition lingered into Monday's night's lengthy floor debate in the Democrat-controlled Assembly. Opponents said the law would be unenforceable and there was no proven need for it.

``We're putting the cart before horse,'' argued Assemblyman Thomas Kirwan, who complained the measure called for studying accidents involving cell phones after making their hand-held use illegal.

First-time violators of the ban would face a $100 fine. A second conviction calls for a $200 fine and every subsequent violation would cost $500.

The legislation allows for an exception for making emergency 911 calls but does not address the issue of dialing while driving. Speaker phones and CB radios are permitted.

At least a dozen localities have established bans, starting in 1999 with Brooklyn, Ohio. Bans have been proposed in 40 states, according to the National Conference of State Legislatures. And at least 23 countries, including Great Britain, Italy, Israel and Japan, bar drivers from using hand-held cell phones.

There are about 115 million cell phones in use in the United States and more than 6 million in New York state, according to industry figures.

A 1997 study in the New England Journal of Medicine said the hand-held phones posed about as much of a problem for drivers as drunken driving. The study found the chance of an accident was four times greater when using a hand-held cell phone.

Assemblyman Felix Ortiz said a ban on such cell phones is needed to end a patchwork of local laws that restrict or outlaw the use of car phones by drivers.

Pataki and New York's legislative leaders joined the push after an April poll from the Quinnipiac University Polling Institute found 85 percent of New York voters favored the prohibition.

``The benefit is quite large in the number of deaths that we will avoid,'' Assemblyman Steve Levy said.

But critics noted other distractions like eating, drinking coffee and applying makeup posed at least as much of a concern. They suggested a broader driver distraction bill would be better.

``To think that we're going to do this when at the same time I can still use my laptop, I still can read a paper, I can still change my pants while driving 65 mph, I think there's just something wrong,'' Assemblyman Patrick Manning said.

``We seem to be reacting to polls more than relying on scientific evidence,'' Assemblyman Brian Kolb said. ``We can't eliminate stupidity.''

And Assemblyman David Townsend, a former law enforcement officer, said the ban would set ``a trap'' for out-of-state drivers since it doesn't mandate highway signs warning of the law.

``This bill is totally unenforceable in the real world,'' he said.

[Rausch]

GOOD.........

[phillfree]

Is this more dangerous then sitting a coke between your legs and a Big Mc on your thigh holding a bag of fries and eating and driving at the same time. Don't think so. Another case of knee jerk reactions leading to more stupid laws. This has got to stop.

PhilFree :cool:

I hate it when people are distracted by cell phones as much as anyone else but when is enough legistlation enough? I think our legislative branch needs to STOP adding new laws, revisit laws that infringe upon our rights/privacy, and ENFORCE the existing laws that are quite legitimate. Then, they should disband for few years before they begin adding more ridiculous laws to the books. There are so many laws right now that I could read them for the rest of my life and probably not catch up with the pace they are setting.....

[KCTitus]

My first reaction when I read this is 'good' because Im so tired of being held up by some yutz driving 55 or slower in the left lane gabbing on a cell phone. After I let the emotion subside, however, Im reminded of another stupid law as well, the seatbelt law.

This is just another in a long string of stupid enfringing laws that should never have been put on the books.

I guess it will be interesting to see if some woman is pulled over and taken to jail for talking on her cell phone...

[philfree]

Also consider that cell phones are part of business. I have guys on the road and I call them frequently. They're in route to one location and sometimes I call them to say stop by so an so and fix this. How much time would I lose if every phone call my workers had to pull over and stop. Perhaps they could call me back but by the time they find a decent place to pull over they have already missed the turn and now they must back track costing me money. Also do we really need motorist to litter the shoulder of the road so they can chat. This too could create a dangerous situation. Please No More Dumb Laws!

PhilFree :cool:

[Clint in Wichita]

Yes, this is more dangerous than putting a coke between your legs, having a cigarette, adjusting the radio, etc., unless your using a hands-free.

People that can't get through a commute without using the telephone are just obnoxious, anyway. Either they're still trying to prove how important they are (even though every unemployed teen now has a cell phone), or they're such a trap-flapper that they must speak with another human at every possible opportunity.

[Clint in Wichita]

There is no excuse for not owning and using a hands-free phone.

Hands free doesn't solve ANYTHING. When I talk on the phone in the car, the most distracting time is actually trying to place the call. Handsfree doesn't solve that.

FWIW, I've found that to be as safe as possible, take your cell phone and place it above the steering wheel so you can watch the road and dial simultaneously. Fortunately, most my numbers dialed are on one-touch speed dial now.

[alanm]

You know as a cop I use a cell phone as much as I use a radio. So I'm kinda ambivalent-sp about the whole thing. This is nothing but a revenue enhancement law. Which was probably the driving force behind the whole thing. :(

[KCTitus]

My sprint pcs phone stores about 20 voice dial numbers. It comes in handy on the road.

[Bwana]

Another "feel good" law. Great NY, now you passed it, how in the hell are you going to enforce it? LOL.....

getting road hummers will be illegal :rolleyes:

Iowanian,

The second that happens, I'll move elsewhere.

and here is the affordable Iowanian solution....get your kit now for only $14.95 + shipping of $4.99 :D