MTA BANS CELL PHONE USE BY DRIVERS.

Byline: Lisa Mascaro Staff Writer

Bus drivers will no longer be able chat on cell phones while behind the wheel of MTA buses without the risk of getting fired, under a new policy effective March 1.

Outraged bus riders - who've seen drivers so involved in conversations that they pass up stops - say it's about time the Metropolitan Transportation Authority put an end to the dangerous practice.

``I don't think I have to explain why that's a concern,'' said longtime bus rider Dana Gabbard, executive secretary of Southern California Transit Advocates. ``It just kind of puts you on edge when you sit down and notice the driver has their mouth flapping.''

The MTA becomes the latest public agency to grapple with cell-phone use on the road.

The City Council wants to outlaw all but hands-free cell-phone use by motorists within city limits, and state legislators are considering a similar ban statewide - following prohibitions in New York, New Jersey and Washington, D.C.

Nationwide, every single state has considered some kind of wireless- phone legislation on motorists since 1999, according to the National Conference of State Legislatures, which tracks local laws.

Although the MTA has long had rules prohibiting cell-phone use by its drivers, regulations had little teeth to prevent abuse until they were put into the recently approved union contract.

``It's a habit we're breaking,'' said the MTA's deputy chief executive officer, John Catoe. ``I'm not saying these are bad employees. We're just saying it's a safety issue and it's not something were going to accept.''

At least one collision last year involving a bus driver on a cell phone resulted in a lawsuit against the agency, which was settled out of court, an MTA spokesman said. The settlement amount was not immediately available.

According to the MTA, no other bus collisions last year were found to have involved drivers on phones.

The United Transportation Union, which represents the agency's 4,500 bus and rail operators, agreed the practice should be stopped.

``The drivers are going to have to learn they can't talk on a cell phone while operating a bus,'' said UTU consultant Goldy Norton.

``It is a dangerous thing,'' he said. ``The union believes it is not safe for a driver to be on the cell phone when he's operating a bus unless it is an emergency.''

At least 125 phones had been assigned to the agency's buses to provide a communications link between the drivers and the bus operations center on buses without radios.

While most of those phones were limited to walkie-talkie capabilities or to receiving calls from the bus operations center - a few dozen could make and receive calls and were occasionally used when bus radios broke down.

By the end of the month, the agency hopes to have removed all cell phones from the buses as it installs $108 million in improvements, including communications equipment.

``If you have a phone, you're going to get a call. They have families, they have kids, they have elderly,'' MTA's Catoe said. ``The reality, let's be real, the reality is they're going to use it when they're driving down the street.''

The drivers' rule book says they're not supposed to use phones, compact disc players or other electronic devices while operating a bus. They are allowed to use them only during layovers between stops.

But breaking the rule had been only a minor violation, punishable through a demerit system.

Now, talking on the phone - even using the hands-free option - is a major violation that can result in suspension or termination if employees have other marks on their records.

Drivers can use phones only in case of emergency and if no other communication system is available.

``The overwhelming majority don't do it,'' Catoe said. ``(But) if 10 percent are doing it, that's 500 (drivers).''

This year, nearly a dozen states are considering various new cell-phone laws for drivers - from bans on handheld devices to restrictions on young drivers to required reporting if cell phones were involved at crash scenes, according to the National Conference of State Legislatures. Pennsylvania and Utah are looking at banning cell-phone use among school bus drivers.

The organization's Matt Sundeen said more and more transit agencies - as well as employers overall - are considering limiting cell-phone use by their drivers to improve safety and reduce exposure to lawsuits.

``It's something you're beginning to see among transit agencies,'' he said. ``Whether it be transit agencies or employers in general, they are re- evaluating ... both for the safety and the liability perspective.''

Gabbard, a regular bus and train rider, says once or twice a month he'll see a driver on the phone as he rides the system.

``I'm glad to see it's being taken seriously,'' said Gabbard, who spoke about his concerns before the MTA board of directors during public comments last month.

``It's black and white: They should not be doing anything overtly (distracting) from what their main purpose is - which is to make sure the bus is operating safely,'' he said.

Lisa Mascaro, [phone]

lisa.mascaro(at)dailynews.com