GloucesterTimes.com, Gloucester, MA

Local News

January 26, 2008

Debate rages over law to ban drivers from using cell phones

BOSTON - Legislation that would ban drivers from using hand-held cell phones and other electronic devices will have a hard time getting through the state Senate if state Sen. Steven Baddour has his way.

The Methuen Democrat, chairman of the Senate Transportation Committee, said the new measure would not stop bad drivers from multi-tasking.

"I don't know what the chances are for it passing in the Senate, but clearly I'm advocating it not coming up for a vote," Baddour said Thursday while driving and talking on his cell phone.

Baddour is not alone in his criticism of the measure. Some experts said that conversation itself causes accidents, not hand-held phones.

Art Kinsman of AAA Southern New England said AAA studies show little evidence that limiting conversation to hands-free phones will benefit traffic safety at all.

"I think the Legislature is on the right track, but my only concern is they may be ignoring the facts that conversation and complexity of conversation is the biggest issue," Kinsman said.

Experts agree that text messaging while driving is dangerous. Drivers who take their eyes off the road for any reason are likely to get into accidents.

Brandon Bogart, cofounder of In Control Amesbury, a driving school, said studies show driving and talking use the same part of the brain.

"That's why drivers routinely don't see road signs and miss their exits," Bogart said.

The recent death of a 13-year-old Taunton boy hit by a driver who was sending a text message has raised awareness of the problem.

The House voted 107-47 on Wednesday to adopt the bill along with several amendments, including one allowing drivers to use their hands when turning hands-free phones on and off.

Other legislators share some of Baddour's misgivings, saying the bill places unfair burdens on drivers and police.

"We can't legislate away poor judgment," said state Rep. James Fagan, D-Taunton.

Under the bill passed by the House, drivers under 18 who talk on cell phones will face a $100 fine and license suspension for up to one year. Adult drivers are allowed to use cell phones as long as the phones are hands-free.

Salem traffic police Lt. Robert Preczewski said he often sees people looking down instead of straight ahead and would have no qualms with a cell phone ban.



"It is very easy to see if a driver isn't paying attention to the road because he is trying to operate a small hand-held phone," Preczewski said.

Rep. Joseph Wagner, D-Chicopee, first proposed the bill in early 2007 to encourage drivers to focus on the road. The use of pagers, PDAs and laptops, all of which require hands-on attention, is also banned under the bill.

"Nothing in the legislation suggests that people can't use cell phones," Wagner said.

It remains unclear when the Senate will take up the legislation. David Falcone, spokesman for Senate President Therese Murray, had no comment.

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