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Police can now stop, ticket cell phone users

(by Debra Winters - February 25, 2008)

Starting next week, New Jersey will join a small group of states where driving and talking on a hand-held cell phone or text messaging will be punishable by fine.

Gov. Corzine signed legislation last November making the law a primary offense.

Back in 2004, the New Jersey State Legislature passed a law declaring a ban on cell phones, deeming it a secondary offense, meaning drivers could only be fined if stopped for another violation.

This bill overrides the initial legislation. Police may now stop drivers without any prior reason, such as speeding. If observed behind the wheel using cell phones or any electronic communication devices such as Blackberries to talk or listen to another person, as well as text or send an e-mail message, violators can be fined $100. The offense carries no punitive points on a driver's license or with car insurance.

The prior law tried to push motorists to use hands-free devices, as does the new legislation, which allows the use of hands-free mechanisms, such as headsets or the popular Bluetooth devices. Speakerphones are also allowed as long as they are not interfering with the driver's ability to safely operate the vehicle.

The change shouldn't come as any surprise, since it's been highly publicized, said Lt. Paul Dring, of Wayne Police Department's Traffic Division, though it will be a learning curve for many.

"There's an educational aspect to it especially in the beginning as there is with any new primary offense," said Dring in terms of drivers being stopped in the early stages of the enactment.

Although he couldn't present any hard numbers at this time, Dring did note that the new law comes into effect as police departments are documenting an increase in motor vehicle crashes as a direct result of using a cell phone.

"It's always been about traffic safety as far as the cell phone law goes, but even more now since we're seeing the number of accidents due to cell phone use growing. If people are on their phones, they are not being attentive to the road," explained Dring.

The cell phone ban is not the be all and end all of driving distractions.

AAA New Jersey spokesperson Michelle Mount said that although the law is a good idea in terms of educating drivers to be more alert, there are still a slew of other things distracting motorists.

"The law should help drivers be more mindful," said Mount. "I call cell phones the distraction we love to hate."

Texting, says Mount, is a good part of the law, since texting uses a driver's hands, eyes, and mind.

And hands-free devices, says Mount, are just as much of a distraction. According to a study conducted by AAA, people tend to talk longer when using hands-free devices, devoting more time away from the road as drivers are paying more attention to the conversation. Furthermore, Mount added that hands-free devices free up driver's hands for other things such as eating and drinking.

"Realistically you can't prohibit all distractions," said Mount, noting that studies have also found that children in the car are four times more distracting and infants are eight times more distracting than any other disruptions.

According to another AAA study, 59 percent of drivers polled said they weren't distracted while using a cell phone, while 90 percent said they felt other drivers were distracted.

"Drivers never think they are actually distracted when using a cell phone, but in reality they really are," Mount said.

California, Connecticut and New York have also enacted cell phone primary offense laws, along with Washington, D.C., which was the first state to make text messaging illegal while driving, according to the Insurance Institute of Highway Safety. California will be joining the group on July 1.

Many countries though are not as lenient. Several of them have had cell phones laws in place including Canada where it's been banned in Newfoundland since 2002, and the United Kingdom in 2003. Some areas have even enforced strict punishment like New Delhi, India, where the ban carries a prison sentence. And in the Netherlands where they ask violators to either pay $2,000 Euros or face up to two weeks in jail. In South Korea where the ban was imposed in 2001 circumstances are not as strict but violators pay a fine of about $47 plus 15 points on their license.

There are a few exceptions to New Jersey's law for using a hand-held cell phone, of course, while keeping one hand on the wheel and they include:

Has reason to fear for his or her life

Is reporting a criminal act that may be perpetrated against the driver or another person

Is reporting a fire, traffic accident, serious road hazard or medical or hazardous material emergency

Observes another motorist who is driving recklessly, carelessly or in otherwise unsafe manner

Suspects another motorist may be under the influence of alcohol or drugs


 

 

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