HARRISBURG -- The House yesterday defeated a measure that would have banned drivers from using hand-held cell phones, but legislators decided to hit drivers in the wallet if they drive carelessly while using a hand-held device.

Rep. Josh Shapiro, D-Montgomery, watched the state House defeat, on a 100-95 vote, his legislation that would have allowed police to stop a car if they see the driver using a hand-held cell phone and issue a $50 ticket.

The bill also would have outlawed the practice of sending text messages while driving. Mr. Shapiro said many accidents have been linked to distractions caused by using cell phones or texting, and his bill was necessary to make Pennsylvania roads safer.

After Mr. Shaprio's measure was defeated, the House voted overwhelmingly to impose an additional $50 fine if someone is caught driving carelessly and was found to be using a hand-held cell phone.

Even though his bill was defeated yesterday, Mr. Shapiro remained optimistic. In each of his first two terms in the House, he failed to even get the bill brought up for a vote.

"There are accidents all across this state as a result of this dangerous distraction," he said, adding that two recent polls show the public supports a ban on drivers using hand-held cell phones by wide margins.

Mr. Shapiro said state records show there have been nearly 7,000 accidents on Pennsylvania roads since 2002 in which the driver was using a hand-held communications device, but only 425 in which they were using a hands-free device such as Bluetooth.

"I'm not giving up. Things that are worth fighting for take time. I am committed to this."

But some legislators wondered why the state should focus on banning just this one distraction for drivers. Rep. Seth Grove, R-York, said that on his way to the Capitol yesterday, he saw a driver drinking coffee, smoking a cigarette and reading a newspaper.

Other legislators said that while they agreed with the overall intent of the measure -- increasing safety on the roads -- they thought it was poorly worded. Rep. John Maher, R-Upper St. Clair, said the bill outlawed hand-held cell phone use "while operating" a vehicle.

Mr. Shapiro insisted that "operating" meant "driving" a car. Mr. Maher said there are court cases saying that "operating" can mean just being behind the wheel of a car that is idling, but not moving forward or backward.

"Let's not criminalize innocent behaviors," Mr. Maher said. "Someone sitting in a parked car talking on their cell phone will be dragged from their vehicle by police."

Rep. Doug Reichley, R-Lehigh, said, "How will a police officer who's at least 50 feet away from a car know if a driver is just holding his cell phone or talking on it?"

Under Mr. Shapiro's bill, use of a hands-free cell phone while driving would have been permitted.

Rep. Mike Turzai, R-Bradford Woods, said failure to wear a seat belt is a secondary offense, meaning a police officer can't stop a car just because a driver isn't belted in. He said failure to wear a seat belt is more serious than talking on a cell phone, but the latter would be a primary offense, meaning an officer could stop a driver just for using a cell phone.

The bill Mr. Shapiro was trying to amend is one by Rep. Joe Markosek, D-Monroeville, that would require 65 hours of drivers training (instead of the current 50 hours) for "junior drivers," meaning 16- and 17-year-olds, and prevent them from having more than one passenger under 18 in their car. The House hasn't taken final action on that yet.