State, local laws on Motorists’ Use of Cell Phones Create a Type of Hwy.Rouelette.

The use of cell phones while driving is becoming a target for law enforcement, as radar detectors became back in the days of the double-nickel speed limit. However, knowing when and where you needed to hide the radar detector was easier than it is these days to know when to dump the hand-held cell phone.

Bans on radar detectors were enacted at the state level. That is not the case for hand-held cell phones. As of June 2009, according to the Governors Highway Safety Association, six states have given local jurisdictions the authority to ban cell phone usage with their city limits.

On the flip side, eight states prohibit local jurisdictions from enacting phone usage laws. This strongly suggests that these states are considering state-level legislation, a trend that is growing.

While no state has as yet enacted a ban on all cell phone usage, five states (California, Connecticut, New Jersey, New York and Washington) plus the District of Columbia and the Virgin Islands have banned the use of hand-held phones.

With the exception of Washington State, violation of the hand-held ban is a primary enforcement offense. “An officer may ticket a driver for using a handheld cell phone while driving without any other traffic offense taking place.”

State law in Utah considers speaking on a cell phone to be an offense only if a driver is also committing some other moving violation (other than speeding).

New Hampshire has made the issue even more of a legal tangle. It enacted a “comprehensive distracted driving law.” This speaks directly to the issue of contributory negligence. Regardless of circumstances, if a driver is involved in an accident while using a cell phone, he or she may have to share the liability.

Thirteen states and the District of Columbia have banned text messages for all drivers. Beyond these laws, there is a myriad of state and local legislation that speaks to different segments of the driving population⎯novice, underage, and school bus drivers.

The present stage of laws relating to cell phone usage can be compared to the early days of automotive seat belts and helmets for motorcyclists. It was a years-long struggle between state legislatures and the public before the federal government stepped in.

Laws mandating seat belt and helmet usage became a condition for states seeking federal appropriations for highway construction. No one should be surprised to see a total ban on cell phone usage follow a similar path.

In the meantime, cross country driving while talking on the phone has become a type of motorized roulette. The question becomes: How many phone calls are important enough to risk a moving traffic violation? Or worse, a vehicle crash with the potential for injury or death?

Those who wish to do so may go to the Governors Highway Safety Association’s Web site to read a complete listing of all current laws.