At least 30 states are considering legislation to regulate the use of mobile phones behind the wheel, most commonly calling for hands-free devices.

So far, no states have actually enacted such legislation, although it was on the agenda of many lawmakers last year as well. Hundreds of local communities and county governments, however, have done so, such as Suffolk County, N.Y.
A sampling of state legislation on the table:
  • In Washington State, two bills have been introduced covering the use of cell phones by drivers, and a third is expected, according to The Seattle Post-Intelligencer. A bill in the state House would flatly prohibit hand-held mobile phones. A bill in the Senate would phase in a requirement for hands-free phones. Another representative proposes a $35 fine if talking on a hand-held cell phone contributes to an accident.
  • In Kansas, a bill in the state House of Representatives, HB 2440, would prohibit drivers from using hand-held cellular phones, with a $30 fine for violations.
  • A Vermont bill would prohibit drivers from using hand-held cellular phones behind the wheel, but no penalty has been suggested yet.
  • In Illinois, the House has approved legislation that would allow drivers to wear an earpiece while using a cellular phone. A little-known state law from the '70s, enacted in the heyday of Walkmans, makes it illegal to drive with any kind of headphones.
  • Connecticut has one bill that would ban the use of hand-held cell phones, while another would address inattentive driving in general, including activities such as putting on makeup, shaving or reading the newspaper along with cell phone use.

Most of the bills would make an exception for emergency use, such as dialing 911.
Some critics say requiring hands-free phones is not enough, and that any type of cell phone provides is too distracting. The Post-Intelligencer cites a National Highway Traffic Safety Administration report indicating that the most common factor in phone-related accidents is conversation itself, rather than dialing or holding the phone.
Others, however, say there's not enough hard evidence on the danger of using cell phones while driving. Until recently, only Oklahoma and Minnesota included information on driver phone use on their accident reports. Now 11 states collect that information. However, the validity of that information depends largely on the honesty of those involved in the accident. NHTSA reportedly is urging states to adopt a uniform system of collecting data on various driver distraction, including such activities as tuning the radio in addition to cell phone use.
Critics also say the bills unfairly single out cell phone users, when numerous other types of distractions prove dangerous, as well. Others say such a law would be difficult to enforce.
State legislators are also battling powerful lobbyists for wireless phone service providers. The exception is Verizon Wireless, which endorses hands-free devices. Most providers say they have launched major educational programs, saying these are the most effective way to discourage people from yakking behind the wheel.
These factors have already led to the death of bills in at least two states this year, Maryland and Arizona.
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