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Published: January 17, 2008 09:54 am    PrintThis  

House delays debate on cell phone driving ban

By Edward Mason , Staff writer
Gloucester Daily Times

BOSTON - An attempt to ban text-messaging while driving and require motorists to use hands-free cell phone devices was temporarily disconnected on Beacon Hill yesterday.

The measure was rushed to the House floor in response to recent accidents involving drivers sending text messages. But House Speaker Salvatore F. DiMasi pulled the bill over concerns that it was so broadly written that it would ban all cell phone use in cars.

David Guarino, a spokesman for DiMasi, a Boston Democrat, said the House would act on the bill next week but that a date hadn't been set.

"There's still broad consensus to move forward quickly," Guarino said.

The bill would have banned text-messaging and using hand-held devices while driving. It would impose a $100 fine for the first offense, $250 for the second and $500 for each one thereafter.

New drivers, called junior operators, who typically are teenagers, would face the same fines as well as license or permit suspension for 60 days for the first offense, 180 days for the second and one year for the third.

Emergency calls to police, firefighters and doctors would be among the handful of exemptions.

Right now, Massachusetts drivers can use cell phones while driving - state law allows you to drive with one hand on the steering wheel. They can, however, be cited and fined for driving while distracted.

If the bill becomes law, Massachusetts would join California, Connecticut, New Jersey and New York among states that require hands-free devices.

Area representatives said they were prepared to vote for the bill. Rep. Theodore C. Speliotis, D-Danvers, said his constituents, particularly seniors concerned about younger drivers, want the new restrictions.

"People accept more and more that drivers are distracted to the point they're genuinely concerned when they make a left-hand turn (at an intersection) that the other person isn't paying attention," Speliotis said.

Rep. Brian S. Dempsey, D-Haverhill, also favors the bill. He said he's reluctant to impose limits but said the proposed restrictions make sense.

"I've always felt people have the right to make calls," Dempsey said. "But I use a hands-free (device) 90 percent of the time. It's a lot safer."

Representatives are pushing the bill following accidents involving drivers using cell phones. Most recently, a 13-year-old Taunton boy was struck just after Christmas by a man sending a text message while driving.



Sen. Steven A. Baddour, the Senate chairman of the Transportation Committee, said he'll work to kill it when it reaches the Senate.

"You can't legislate common sense and you can't legislate against stupidity," Baddour, a Methuen Democrat, said. "If people are going to text-message while driving, changing the law isn't going to change behavior."

Baddour, interviewed while driving and talking into his hand-held cell phone, said that 90 percent of people can do both without being distracted. He said people do many things while they're driving that lead to crashes and that aren't banned.

There were 16,905 car crashes in 2007, according to the Registry of Motor Vehicles, which compiles police reports from across the state. Of those, 399 were attributed to cell phones. That compares to 13,742 caused by inattention, 1,934 by distraction, and 875 by fatigue or falling asleep.

And Registry data show the number of cell phone-related crashes has fallen. There were 453 recorded in 2005 and 434 in 2006.

Andover Safety Officer Charles Edgerly said he thinks driving while holding a cell phone or sending messages while driving is dangerous. He said he knows of incidents where drivers reluctantly acknowledged they went through a red light or were in a crash because of talking on a cell phone.

But while he supports the bill's aim to make roads safer, as a police officer, he also knows from experience that changing the law won't necessarily change behavior.

"We all know there's a seat belt law and many people don't wear one. Or the speed limit on Route 93 is 65 (mph) but they're still doing 80," Edgerly said. "It would make a difference if people followed the law."
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