Cell Phones Dialing in Trouble’

The fundamental question is, does irresponsible use of cell phones while driving cause more accidents?

Nicole Mahrt, American Insurance Association director of public affairs (western region), says that her association believes it does dial in as a cause for accidents across the country.

“People have an obligation to act responsibly when engaged in driving,” remarks Mahrt. “We certainly encourage people to act responsibly, but we haven’t actively lobbied on this issue. It really depends on the bill. If you have a situation where people were mandating rates or something, that’s an issue we would have concern for. The use of cell phones doesn’t necessarily tie into what a rate is.”

With New York the only state to date to ban hand-held cell phones in automobiles, insurance industry officials wonder if more legislation is on the horizon.

While it may seem like just about everyone on the road has a cell phone, a recent study by Gartner Dataquest reports that worldwide sales of mobile phones actually dropped in 2001.

But even with that drop, Dave Golden, director of commercial lines at the National Association of Independent Insurers, sees legislative proposals to prohibit cell phones in some manner pretty much across the country.

“More (legislation) is being aimed at total cell phone bans in 2002 than we saw last year,” says Golden. California presently has an assembly bill pending to prohibit hand-held cellular phones. “This year I think you’ll see bills in just about every state where the legislature meets,” adds Golden.

Privacy, law collide
The big question on a possible ban in states is does it constitute a privacy issue?

“Anytime you start down the road of messing with what people believe is their individual rights, it is a big issue,” continues Golden. “There is no question, properly used, cell phones can be instrumental in saving lives. Improperly used, they can be instrumental in taking lives. As insurers, we’re always encouraging people to drive safely and driving safely means basically staying off that phone unless it is an emergency while you’re driving.”

While the phones do have their benefits, AIA’s Mahrt poses the question of just how law enforcement officials need to determine what is and is not important in resourcing their time.

“Where do you want to put your resources for the police?” Mahrt ponders. “Do you want them chasing down drunk drivers, or the mom on a cell phone?”

Legislators in New York State have given law enforcement officials the power to answer some of those questions. After a one-month grace period for violators of the state’s new cell phone law that went into action late last year, police are allowed to write tickets up to $100 for those violators who were spotted talking away on a cell phone with the other hand on the wheel. The exceptions: Drivers who use a hands-free phone or one so equipped as to allow use of the phone without the use of either hand; where the purpose of the call is to communicate an emergency to police, fire, ambulance or doctor; and operators of authorized emergency vehicles in performance of their official duties.

Staying dialed in
“I’m sure we’ll have an interesting debate on this issue in California,” says Mahrt, when asked if the state will follow New York’s lead in some form of a ban. “I’m sure the cell phone makers will be very active on it, but I think they can look to ways to make things safer. Anything we can do to make people better drivers is important.”

California Assemblyman Joe Simitian introduced AB 1911 this year requiring that automobile drivers who choose to talk on a cell phone while driving use a hands-free device. The bill would set a fine of $40 for a first offense and $50 for a second or subsequent offense for violators. In order to allow time for the technology to improve and for drivers to change their cell phone habits, the bill proposes a one-year phase in period.

According to a staff member of Simitian’s office, the bill is similar to but not the same as the one Simitian proposed last year. That bill did not make it out of the transportation committee, falling in two hearings by one vote short of getting out of committee. This year’s bill differs in that the penalty is higher than the original and the implementation period is shorter, going into effect in 2003 instead of 2004.

Looking at how individuals drive is getting a little more attention in other areas of the country too.

In Florida for example, police enter on their accident reports whether driver distractions contributed to an accident, including the use of a cell phone at the time of the accident. A Florida Highway Patrol spokesman said the time had come to keep track of this information when investigating accidents and a Florida mayor went so far as to remark that cars are not offices and should not be used as such.

It’s an issue unlikely to disconnect anytime soon.