National Push To Regulate Cell Phone Use While Driving

Thursday, May 31st 2007, 9:48 am

By: News On 6

A car crash in Tulsa that killed a little girl has some thinking about driving distractions. Tulsa Police say the driver admits he was reaching for his cell phone and never saw the girl in the street. News On 6 anchor Terry Hood reports Oklahoma doesn't have laws regulating cell phone use behind the wheel, but other states say they're happy they do.

It's illegal in four states to use a hand-held cell phone while driving. You have to use hands-free devices in New York, New Jersey and Connecticut. The same rules go into effect in California in January. Fourteen other states have partial bans. Many of those only prohibit school bus drivers or minors from using their cell phones.

A university study found drivers four times more likely to be in a wreck if they were on the phone, hands free or not. The states with cell phone bans say itâ€™s hard to estimate how many crashes are caused by what they call DWY, driving while yakking, because drivers rarely admit to it after the fact.

But Connecticut did ticket more than 2,700 drivers in the first 18 months of the ban. Troopers tell us they also wrote 700 warnings.

Connecticut also tickets drivers if theyâ€™re in a wreck because they were smoking or fixing their hair.

An Oklahoma state senator proposed a cell phone ban in February. It never left the Senate.

Some cities have taken the matter into their own hands. Chicago, Santa Fe, and the Atlanta area have proposed bans. State law prevents Oklahoma cities from doing the same.

But even supporters of the laws sometimes have trouble keeping them. A state senator in California who led the push to ban cell phones, rear-ended another driver in her state-issued SUV, because she was on her phone.

In Connecticut, it's a $100 dollar fine if you're caught cell-handed.

The family of 6-year-old Jessalyn Sanders says itâ€™s a small price to pay compared to what they've lost.

"Put your cell phone down when youâ€™re driving anywhere,â€ said Sandersâ€™ aunt Danielle Nunes. â€œPut your cell phone down. It's not that important."

The district attorney is reviewing Sandersâ€™ case to see if the driver will face any charges.

Watch the video: Regulating Cell Phone Use Behind The Wheel

---

For more information on cell phone and driving laws around the U.S., click here.

---
Legislation considered in this year's Oklahoma Legislature...

SENATE BILL 676

An Act relating to motor vehicles; amending Section 3, Chapter 108, O.S.L. 2003 (47 O.S. Supp. 2006, Section 11-901b), which relates to full time and attention while driving; making gender neutral; prohibiting use of cellular telephones by operators of motor vehicles; providing exceptions; prescribing penalties; authorizing municipalities to enact certain ordinances; providing definitions; and providing an effective date.

SECTION 1.
AMENDATORY
Section 3, Chapter 108, O.S.L. 2003 (47 O.S. Supp. 2006, Section 11-901b), is amended to read as follows:
Section 11-901b.
A. The operator of every vehicle, while driving, shall devote their his or her full time and attention to such driving.
No law enforcement officer shall issue a citation under this section subsection unless the operator of the vehicle is involved in an accident.
B. A person shall not operate a motor vehicle on a street or highway while using a cellular telephone while the motor vehicle is in motion unless the person is engaging in a call on a cellular telephone that is equipped with a hands-free device.
C. An operator of a motor vehicle who holds a cellular telephone to, or in the immediate proximity of, the operatorâ€™s ear while the motor vehicle is in motion is presumed to be engaging in a call.
D. Subsection B of this section shall not apply to any of the following:
1. Law enforcement and safety personnel;
2. Drivers of authorized emergency vehicles;
3. Holders of commercial driver licenses while driving within the scope of their employment;
4. Public transit personnel;
5. A person who is reporting criminal, reckless, or negligent behavior;
6. A person who believes himself or herself to be in physical danger if that person is the only adult in the motor vehicle;
7. The use of a cellular telephone for the sole purpose of communicating with any of the following regarding an emergency situation:
a. an emergency response operator,
b. a hospital, physicianâ€™s office or health clinic,
c. a provider of ambulance services,
d. a provider of firefighting services, or
e. a law enforcement agency; or
8. A person who is operating an amateur radio and who holds a current, valid amateur radio station license issued by the Federal Communications Commission.
E. The Department of Public Safety shall not record or assess points for violations of this section on any license holderâ€™s traffic record maintained by the Department.
F. Fine and court costs for violating the provisions of subsection B of this section shall not exceed One Hundred Dollars ($100.00).
G. Municipalities may enact and municipal police officers may enforce ordinances prohibiting and penalizing conduct under the provisions of this section, but the provisions of those ordinances shall be the same as provided for in this section, and the enforcement provisions of those ordinances shall not be more stringent than those of this section.
H. As used in this section:
1. â€œCellular telephoneâ€ means an analog or digital wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular telephones;
2. â€œEngage in a callâ€ means talking into or listening on a handheld cellular telephone, but does not include holding a cellular telephone to activate, deactivate, or initiate a function of the cellular telephone;
3. â€œHandheld cellular telephoneâ€ means a cellular telephone with which a user engages in a call using at least one hand;
4. â€œHands-free deviceâ€ means an attachment, add-on or addition to a cellular telephone, whether or not permanently installed in a motor vehicle, that when used allows the motor vehicle operator to maintain both hands on the steering wheel;
5. â€œImmediate proximityâ€ means the distance that permits the user of a cellular telephone to hear telecommunications transmitted over the cellular telephone but that does not require physical contact with the userâ€™s ear; and
6. â€œUsing a cellular telephoneâ€ means:
a. holding a cellular telephone to, or in the immediate proximity of, the userâ€™s ear, or
b. pressing the buttons on a cellular telephone to use any of the functions of the cellular telephone.