Feds Explore Curbing Cell Phone Use by Drivers

By Jorge Casuso

One month after a driver killed two pedestrians while on her cell phone and five months after the City Council voted to explore possible ways to curb cell phone use by motorists, the federal government is weighing in on the increasingly hot issue.

On Tuesday at a public meeting in Washington, D.C., the National Highway Traffic Safety Administration will consider whether to take steps to minimize the distraction caused by cell phones and other computer gadgets proliferating in today's vehicles.

It is unlikely agency officials have the legal authority to restrict cell phone use in vehicles because the phones are not considered automotive equipment. But they may ask Congress to pressure states into curbing cell phone use by threatening to divert money earmarked for highway construction.

Some city officials hope the recent developments will help put the issue on the front burner. On February 15, the council declined to take immediate action but unanimously agreed to study the possibility of prohibiting the use of hand-held cell phones while driving.

"It's on the shelf until enough members of the council support it," said Councilman Paul Rosenstein, who brought the issue up for council consideration. "I hope that the recent tragic accident in Santa Monica, as well as what's happening in other states and at the national level will cause us to rethink whether to bring it back."

But Councilman Michael Feinstein said the city is on track and should return with a report by November.

"This fits in with our direction," Feinstein said. "This is great that it's happening."

If the council approves a measure to curb cell phone use, Santa Monica would join a handful of cities that already have imposed restrictions. Brooklyn, Ohio and Hilltown, Pennsylvania have cell phone laws in the books, and New York City bans taxicab drivers from using cell phones on the road.

In addition, 37 states have considered cracking down on cell phone use by motorists, and many state legislatures are expected to consider measures next year. Some foreign countries, including Japan and Italy, also have laws banning hand-held phones.

Proponents of restricting cell phones behind the wheel have cited a 1997 Canadian study that found that cell phones in cars quadrupled the risk of an accident, even among drivers who used "hands-free" phones. The study also stated that regulations must consider the benefits of cell phones, such as for use in an emergency.

Opponents of the study said that police already are charged with the right to cite unsafe drivers and that such a ban would be pointless. If cell phones are banned, the same argument could be made for banning drivers from eating a sandwich behind the wheel, they contend.

Elected officials pushing for cell phone bans across the country face stiff opposition from the U.S. telecommunications and auto industries. According to a recent issue of the Wall Street Journal, the nation's wireless phone industry has 95 million customers and collected approximately $40 billion in revenue last year.

A recent survey by the National Highway Traffic Safety Administration found that 44 percent of drivers have cell phones in their vehicles and General Motors Corp. reports that 70 percent of wireless calls are made from cars, according to the Journal.

Still opposition is mounting. In Santa Monica, last month's killing of two pedestrians by a motorist using her cell phone is expected to fuel further calls for a ban.