Do Any States Restrict the Use of Cell Phones in Motor Vehicles?

Cellular telephones are rapidly becoming a significant factor in highway safety. Surveys estimate that approximately 80 million people will own wireless telephones by the year 2000. Eighty-five percent of these owners use their phones while driving. Cell phones in motor vehicles help people conduct business, stay in touch with loved ones, call for assistance, report emergencies, convey information about hazardous road conditions, and report aggressive or drunk drivers.

Several studies, however, link cell phone use with increased driving risk. One study published in the New England Journal of Medicine concluded that the distraction caused by phone use in motor vehicles quadrupled the risk of a collision during the brief period of a call, a rate equivalent to the impairment caused by legal intoxication. Other studies published in the British Journal of Psychology and by the National Highway Traffic Safety Administration have similarly concluded that mobile telephones--even if they are hands-free devices--can impair a driver's ability to judge safe stopping distances or anticipate hazards and can greatly increase the risk of a crash.

Despite the growing evidence of cell phone hazards, few states restrict their use in cars. California requires rental cars with cellular telephone equipment to also include written instructions for safe use. Florida permits cellular phone use in an automobile as long as the driver can hear surrounding sound through at least one ear. Massachusetts requires drivers to keep one hand on the steering wheel at all times while using a cell phone. Oklahoma and Minnesota require police to include information about cellular telephones in accident reports. No states ban wireless phones in automobiles.

Since 1995, at least 22 states have proposed legislation concerning cellular telephones in motor vehicles. In the 1998-1999 legislative sessions, 15 states considered such legislation. Although none of the measures passed, legislators in at least a half-dozen states are already planning legislation for the next session.

Police in the town of Brooklyn, Ohio, began enforcing an ordinance in September that prohibits the use of hand-held cell phones while operating a motor vehicle. The ordinance, which is the first of its kind in the country, imposes fines ranging from $3 to $100 depending on the number of offenses previously accumulated by the driver.