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Wednesday, March 06, 2002

By Patricia Sabatini, Post-Gazette Staff Writer

Pennsylvania motorists can keep chattering on their cell phones without fear of getting a ticket.

An effort in the state Senate to ban the use of handheld mobile phones while driving has died after a state report concluded that doing so would not prevent a significant number of accidents.

"The report does not show a preponderance of evidence to suggest that cell phones are a major cause of accidents," said Chad Davis, chief of staff for Sen. Joe Conti, the Doylestown Republican who had been the lead backer for outlawing cell phones on Pennsylvania roads. As a result of the study, Conti no longer supports the legislation, Davis said.

The study also has quelled support for a cell phone ban in the House, according to House Transportation Committee Chairman Richard Geist, R-Altoona.

The report on driver distractions by the Joint State Government Commission, a bipartisan legislative research group, was completed in December. It found that 3.5 percent of crashes reported to police statewide during 1999 and 2000 were at least partially attributed to distractions. Only a tiny fraction -- 0.4 percent -- was specifically tied to cell phones.

"This percentage is nearly the same as the percentage of other, commonly acceptable distractions ... namely consuming food and beverages and smoking," the study said.

Still, it noted that distractions overall probably cause more accidents than the statistics show, mainly because they are largely self-reported.

"It is evident that driver distraction is underreported, by how much is unknown," the study said.

Nationally, it's estimated that 25 to 30 percent of accidents are linked to distractions.

The most prevalent crash-causing distraction is an outside object, person or event, according to the report. Next come adjusting audio equipment, and talking, arguing or looking at another passenger.

The report advised against a cell phone ban, saying it "doesn't seem promising when personal conversations with other occupants would presumably remain unabated."

Concern about motorists being distracted by technology dates back to at least 1913, the study said, when windshield wipers became standard equipment leading to fears that drivers would be hypnotized by them.

A number of municipalities in Pennsylvania have tried local cell phone bans, but most of the ordinances have been repealed after being challenged in court, said Davis, of Sen. Conti's office.

So far, New York is the only state to ban cell phones behind the wheel, though many others are considering it. The prohibition, which went into effect Nov. 1, carries fines of $100 for the first offense, up to $500 for repeated violations.

Motorists are allowed to use cell phones with a headset or other hands-free device. There also are exemptions for emergency workers and anyone using a cell phone to report an emergency.

Nationally, a bill introduced in the Senate last year to ban driver cell phones is stalled in committee.