HANDS ON WHEEL - OR ELSE STATE SENATE PASSES BILL TO IMPOSE FINES ON DISTRACTED MOTORISTS.

Byline: Harrison Sheppard and Lisa M. Sodders Staff Writers

SACRAMENTO - Motorists who drive while talking on a cell phone, fussing with kids in the back seat or even smoking a cigarette or drinking a soda would face fines up to $150 under a bill passed by the state Senate on Tuesday.

The bill does not prohibit those activities directly but allows police officers to cite motorists for unsafe driving if they appear to be distracted because they're engaged in another activity.

The distracting activities that can result in a fine include talking on a wireless phone; putting on makeup; eating, drinking or smoking; interacting with children and animals; adjusting a radio or other electronic device; and reading and writing.

``It is a modest approach,'' said the bill's co-author, Sen. Kevin Murray, D-Culver City. ``It doesn't outright ban these things, but it certainly sends a message we don't want you to participate in these activities while you're driving and you should be concentrating on the road.''

The bill, SB 1800, was passed on a largely party line vote 22-14 and now goes to the Assembly where Democrats hold an equally large majority. Gov. Arnold Schwarzenegger has not taken a position on the measure.

Republican opponents said the bill was simply another way for the state to make money off motorists and outlaw activities which, in most cases, do not result in problems.

Sen. Tom McClintock, R-Thousand Oaks, called the bill ``outrageously unreasonable.''

``Essentially what it means is there'll be a $150 surcharge for any moving violation,'' McClintock said. ``If you have a passenger in the car, a radio in the car, if you're smoking in the car. It's basically a revenue machine.''

Driving, he added, is filled with distractions caused by everything from looking at road signs to glancing over your shoulder to change lanes and responsible drivers know how to manage those distractions safely.

Sen. Denise Moreno Ducheny, D-Chula Vista, was the only Democrat to vote against it and Sen. Ross Johnson, R-Irvine, the only Republican in favor.

The bill adds a $35 fine for a first offense on top of the fine for the unsafe driving activity and $150 for subsequent offenses. Additional points are added to the driver's record with the state Department of Motor Vehicles.

The bill is supported by the auto clubs of Southern and Northern California and by the California Highway Patrol.

Some wireless-telephone companies also support the bill because it addresses a wide range of driver distractions rather than earlier bills that focused primarily on mobile-phone usage.

Even one of the legislators who supports the bill admitted to engaging in unsafe driving while distracted recently.

``We all engage in those practices,'' said Sen. Gil Cedillo, D-Los Angeles. ``I know that I do. In fact I know that yesterday as I was leaving work around the Capitol, I was checking my phone and I drove right into a one-way (street), or perpendicular into a one-way, and fortunately was alerted by all the honking horns that I should be paying attention to the road more than to my cell phone.

``So we will all do it. Hopefully once we make this the law, we will do it less and have safer highways for all (drivers).''

The bill addresses an issue that law enforcement officials have increasingly focused on in recent years. A law passed in 2001 required the CHP to start tracking distractions as potential causes of crashes and collisions.

Last year, according to preliminary CHP data, distractions were a factor in 44,000 crashes in California, including 153 fatal ones. Mobile-phone usage was the leading distraction, followed by using the radio/CD player and reading.

Some California drivers, who said they have experienced collisions or close calls involving drivers doing everything from reading to curling their eyelashes and applying makeup, praised the bill.

``I think it's fantastic,'' said Robin Ferber, 52, of Chatsworth. ``I think people need to be focused on their driving. For someone to become injured because some kid was checking his text messages is unacceptable.''

Ferber admitted he's only human and sometimes talks on his cell phone while driving. ``But there's a difference between driving on a freeway where you've got an open view of the road in front of you, and driving in a residential area where there's a greater chance that something's just around the corner.''

``I think it's great, but I'll probably get fined because I eat and talk on my cell phone while driving,'' said Lauren Rees, 46, of Burbank. ``I know I'm not as alert as when I'm not talking on my cell phone.''

Jared Kaplan, 53, of Porter Ranch made sure he was pulled over in a Woodland Hills fast-food parking lot Tuesday while he made a cell-phone call and enjoyed his lunch.

``I think it's a good idea,'' Kaplan said of the new law. ``I've watched people driving carelessly while they were on the phone. If you're being safe, I would still talk on the phone, but very rarely do I find myself doing that.''

But Allen Eisenhart, 35, of Venice said the problem isn't the cell phones or the fast-food burgers.

``People are just out to lunch in L.A.,'' Eisenhart said. ``Ten times a day here you see someone do something so idiotic and unexpected.''

Harrison Sheppard, [phone]

harrison.sheppard(at)dailynews.com

CAPTION(S):

photo, box

Photo:

A driver uses her cell phone at the intersection of Topanga Canyon and Ventura boulevards. A bill passed by the state Senate would impose fines up to $150 if such use is deemed unsafe.

Charlotte Schmid-Maybach/Staff Photographer

Box:

DRIVER DISTRACTIONS

SOURCE: CHP; state Senate

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