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Local News

January 28, 2012

Most local lawmakers in favor of hand-held device ban for drivers

If a group of lawmakers has its way, making a cellphone call from your car by clutching the device to your ear may become illegal.

On Thursday, the Legislature's Joint Committee on Transportation voted in favor of a bill that would limit drivers' use of phones.

Cellphones would be permitted only if they are built into cars or used as hands-free devices. The bill would expand on the state's texting-while-driving ban passed two years ago. Similar language never made it into that bill.

"I just believe it's a sensible addition to the texting ban," said state Sen. Thomas McGee, D-Lynn, the co-chairman of the committee that voted for the bill on Thursday.

Exceptions would be made when calls report accidents, deal with medical emergencies or summon police or fire officials.

The move aims to do away with motorists clutching cellphones to make calls as they maneuver tricky Bay State roads. Lawmakers cite evidence that distracted driving has become a menace similar to drunken driving.

McGee backed the hand-held device ban less than two years ago, and he backs it now. Massachusetts would be the 10th state to pass such a law, McGee said.

"It is not a ban on cellphones in cars," said McGee, speaking from his car while using an iPhone, which he said has earphones that allow the device to work hands-free.

Technology has advanced to the point where people can still make calls but keep their hands on the wheel, McGee said. While the bill will be reported to the House and Senate on Monday, McGee did not say when it might come up for a vote.

Not everyone is on board.

State Rep. Brad Hill, R-Ipswich, said he has not made up his mind, but his initial reaction is the bill smacks of Big Brother. Hill spoke on his cellphone while pulled over to the side of the road, he said.

"Unfortunately, we are trying to legislate common sense here," Hill said.

Banning food and coffee behind the wheel may not be far behind, he said. While the bill as written only bans hand-held devices, lawmakers could amend it to ban all cellphone use in vehicles.

"I could lean toward supporting hands-free technology, but an out-and-out ban, no," Hill said.

For state Rep. John Keenan, D-Salem, a vote for a hand-held device ban would be an about-face.

"Interestingly enough, when that came up as an amendment (to the texting ban in 2010), I voted against it," Keenan said, while driving and using a cellphone hands-free, "and now, I would vote for it. Just having lived with the law as it's been, however long it's been, seeing people use the hand-held device in an irresponsible way, I would vote for it."

Keenan said police are having a tough time cracking down on texting behind the wheel, because there is no way to tell if a person is dialing or sending a text.

"This is an issue I am very much in support of," said state Rep. Lori Ehrlich, D-Marblehead, who said it's the next logical step after the ban on texting while driving.

There are three ways a driver's reaction can be delayed, Ehrlich said, by having someone take their hands off the wheel, their eyes off the road or their mind off where they are going and what is in front of them.

"Using a hand-held cellphone is two of these, and three if you are dialing," Ehrlich said. She often sees drivers with their phones to their ears having trouble signaling or making tight turns.

In 2009, 5,474 drivers were killed as a result of distracted driving, and of those deaths, 995 involved reports of cellphone use, according to the National Highway Traffic Safety Administration of the U.S. Department of Transportation.

In December, the National Transportation Safety Board called for a ban on all portable electronic devices while driving.

"I don't think I'd be for that," said state Rep. Jerry Parisella, D-Beverly, who said he is leaning toward the ban on hand-held devices.

"With hands-free technology that is available now, it doesn't put as much of a burden" on drivers, Parisella said.

"I'm not in favor of it at this point," said Joyce Spiliotis, D-Peabody, who said she will wait to see the final bill before she makes up her mind. "I think the people have some rights. You can't take everything away from people."

Messages left for Senate Majority Leader Fred Berry, D-Peabody, and state Rep. Ted Speliotis, D-Danvers, were not returned as of press time.

Material from the Associated Press and Statehouse News Service was used in this report.

Staff writer Ethan Forman can be reached at 978-338-2673 or by email at eforman@salemnews.com or on Twitter @DanverSalemNews.

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