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.

[TheFly]

I've had so many near misses out here in SoCal thanks to stupid drivers who don't pay attention... Especially cellphone users. And to top it off, my daughter was knocked off her bike on her way to school by, you guessed it, a driver using a cellphone not watching wear she was going. And that assinine cellphone user was my daughter's girl scout den mother!

:o

[Hoover]

Clint,

I stalking to someone next to me difficult while I drive then? I think cell phones are just as bad as smoking, drinking, and eating. There are not going to be laws against doing any of those any time soon. I understand that there are some really bad drivers when they talk on the cell phone. But I have known people who are just as bad that eat, drink, and smoke.


Hoover

[KCTitus]

I nearly spewed coffee out my nose laughing as I opened my paper this AM, on the front page was the headline about the cellphone issue.

Accompanied with that, was this picture:

[IMG]http://media.gatewayva.com/photos/rtd/06272001/0627celg.jpg[/IMG]

That handsfree device really makes her a lot safer while she's looking away from the road dialing that phone. Heaven forbid it's long distance which would require dialing 11 digits instead of 7.

[Lzen]

KCTitus,
I'll assume you didn't actually read the article. Instead, you choose to attack the validity of the source. Regardless of your opinion of Dateline, they couldn't [I]fake[/I] the woman who has taken this to Congress. Yes, you are right about the fact that it's hard to dial a cell phone while driving and yes, the enforcement would be difficult. I'm merely suggesting that the police give cell phone using motorists who are driving recklessly a nice little fine. Not only that, this motorist who ran the stop sign because he or she was on their phone should receive a hefty fine and possibly be brought up on manslaughter charges. I don't care what you say about freedom. This has nothing to do with that. What about the people who get injured or killed because of these idiots who selfishly feel that they need to use a distractive device while driving. What do you say to these families that have to lose a loved one because some idiot wasn't paying attention to their driving. If a couple of them were put behind bars, a lot of people would become much more responsible with their cell phone usage.
That's what these laws are designed to do.
Maybe if you read the article on Dateline, you'd have a better understanding.

[KCTitus]

Izen:

Several points.

First of all, laws affect your freedom as well as mine. So it IS about that no matter how you wish to dress it up. Ben Franklin once said that those who would sacrifice freedom for security deserve neither.

Second, there's no need to read an article from a source that has lost credibility with me. The fact that the American Populace has the attention span and memory of a goldfish does not mean I must sheepily follow suit. I refuse to watch or listen to Dateline programs because they have ZERO credibility with me. THAT much I do understand.

Last, people were killed and injured from car accidents long before the cell phone and they will continue to be killed and injured in car accidents after the cell phone. My freedom is affected because certain morons cannot operate a phone and drive safely.

Bottom line, this is nothing more than legislating away risk in society at the expense of our freedom. I guess you dont hold your freedom in the same regard I do.

[Rausch]

I'M GLAD it got passed....


I don't know concrete numbers but I SERIOUSLY DOUBT more than 10% of cell phone users ACTUALLY OWN ONE for their job. MOst cell phone users are teenagers(terrible drivers anyway), women(again, terrible drivers:D ), and men who like to think that people will assume they are important if they own a phone at home AND in the car...wow.....impressed.


And that stranded on the side of the road BS excuse is just that. People have had cars break down for almost 80 years now in the middle of nowhere and the human race has progressed just fine.

I hate phones to begin with, and if not for my dish I wouldn't even own one. Then the already signle digit IQ of the general public is further inhibited by haveing only HALF of thier attention paid to the road. Right, like that's a good idea.


There should be more laws to curtail the actions of stupid people who F#(% my day up, consistently, from 8 am to 1:30 pm....Women putting on make up, slam, ticket....Teenagers who think it's cool to get 2 INCHES OFF YOUR @#$%^&* @$$ at a stop light, bam, ticket....There are rules of the road, no one follows them, and no one punishes them. Period.

My town is just as bad. Our local PD would rather pull over "suspected drug trafficers" than actually DO ANYTHING....


Day four of quitting smokeing....:D

[phillfree]

If you run a stop sign you should be punished for running a stop sign. If was because you were signing to the radio or talking on a cell phone makes no difference. You weren't paying attention so you ran a stop sign. If you killed someone doing so couldn't you be brought up on manslaughter charges anyway? I hope my State Government doesn't waste their time on this so called issue.

PhilFree :cool:
I know! We could use cameras placed in strategic locations to catch these nasty cell phone users and we could send them citations with costly fines. We could then take all that money and purchase semi-automatic weapons to use on future violators.

[KCTitus]

Yes, philfree, that is correct. In essence the cell phone laws could be like hate crime laws.

Run a stop sign and kill someone: manslaugher 5-10 years in jail

Run a stop sign and kill someone while on a phone: manslaugher 25 to life.

I'm leaving for a meeting an hour away at lunch and intend on making 2 business related calls during my interstate drive. I do attempt to avoid calls in traffic, but don't see anything wrong on open HWY or the interstate.

I'll pull the "wan't me" defense if a cops stops me for it....how can they prove it?

[Clint in Wichita]

I do agree that passing cell phone laws are unnecessary.

Just ticket them using existing "inattentive driving" laws and avoid this whole mess.



If cell phones are no more dangerous than smoking, eating, etc., then why do those schmucks on phones do things like swerve in and out of their lane without even realizing it?


Try this: Watch TV (I mean actually absorb what's coming out of the TV, not just stare at the screen) while eating dinner. Simple.

If you smoke, continue watching while you have your after dinner cigarette. Even easier.

Now, try having a telephone conversation while watching a TV program. Impossible without ignoring either the TV or the phone.

I'm sure many people can handle controlling a car and a telephone at the same time, but there are many people that can't walk and chew gum at the same time. Housewives, nerds, senior citizens, fat businessmen, bimbos & clumsy, scatter-brained teenagers come to mind.

IMO a soccer mom in a Suburban (a sickening enough sight as is) with 3 kids in the back, using a cell phone, is nearly as dangerous as a drunk driver. I don't want them anywhere near me.

[Baby Lee]

[quote] Now, try having a telephone conversation while watching a TV program. Impossible without ignoring either the TV or the phone. [/quote]

The difference is, in a word, dialogue. Of course you can't carry on a conversation AND pay attention to the [I]plotline[/i] of a TV show.

Last time I checked, highways don't talk to you.

[phillfree]

There is one place that people should be prosecuted for using cell phones. The Golf Course! Anyone caught with their cell phone on the course should have to shag balls while someone hits low flying 1 irons at them.

Clint, Your beef seems to be more with stereotypes then cell phone abusers.

PhilFree :cool:

Clint,

Normally, your analogies make a lot of sense. This one does not. Let's throw out something more realistic - instead of just watching any old tv show - make it a football game. You don't need to hear or follow the announcers. I've talked on the phone MANY times during a football game. No problem because I'm not trying to hear 2 different things simultaneously.

[Rausch]

FACT: IN the state of missouri more traffic accidents occur with persons using a cell phone than persons under the influence of alcohol.

Talking impairs your driving. Simple. You don't have to agree with it, it's fact. I worked for the Missouri division of Highway safety for 11 months...It IS fact. Check the borchures that just came out.

Another interesting fact is that the same area of the brain that handles speach recognition/translation of sound to word meanings causes a degredation of depth perception. If you are concentrating on the meaning of a word or phrase, your depth perception is decreased.

[Otter]

This law doesn't bother me. There are enough idots who can't drive a car let alone operate a cell phone while driving a car.

Maybe the DMV should incorporate some sort of training on how to safely dial a cell phone and put on makeup while driving a car.

Sounds like our goverment in action to me!!!