Ban on cell phone use while driving inches forward

Guam recently signed a law banning the use of cell phones while driving, and the CNMI could follow suit if and when lawmakers heed a House committee recommendation to pass a similar bill for safety reasons.

The House Committee on Judiciary and Governmental Operations recommended passage of Rep. Stanley Torres’ (Ind-Saipan) House Bill 17-143, which restricts the use of wireless telephones whether for calling or texting while driving vehicles, to avoid distracted driving that endangers lives.

The House JGO Committee released its report recommending passage of the bill on Feb. 7, 2012, a few days after then acting Guam governor Ray Tenorio signed a law restricting mobile phone use while driving.

Torres, in an interview, said the CNMI would have been ahead of Pacific islands in restricting cellular phone use while driving considering that he and at least another former lawmaker introduced similar bills in previous legislatures but were unsuccessful in having them passed.

“I hope this time this bill will pass and signed into law. We need to promote safe driving,” Torres told Saipan Tribune, adding that he himself pulls over when he receives a call while he’s driving.

Torres, one of the longest serving lawmakers in the CNMI, said he would push for adoption of the JGO Committee report and full House action on the bill in the next session. As of yesterday, there’s no scheduled House session yet.

Jesse Alonalon, a 43-year-old father of a teen, said he supports this proposal to restrict the use of cellular phones.

“But if it’s for emergency call, it should be allowed. For all other calls, they could wait until you already parked your car and safe to answer or make calls,” he said.

H.B. 17-143 or the Commonwealth Wireless Telephone Restrictions in Vehicle Safety Act of 2011 makes some exemptions.

For example, it allows the use of wireless phones designed to allow hands-free listening and talking and is used in that manner while driving.

The ban on cell phone use while driving does not apply to persons using wireless phones for emergency purposes including but not limited to an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agencies or entities.

This also does not apply to emergency services professionals using wireless phones while operating an authorized emergency vehicle in the course and scope of his or her duties. Emergency services include law enforcement, health care, fire division and other related emergency services.

The bill also exempts from restrictions the use of digital two-way radio that uses a wireless telephone that operates by depressing a push-to-talk feature and does not require immediate proximity to the ear of the user.

This also does not apply to persons while driving on private property.

Persons under 18 years old are prohibited from using wireless phones to talk or text while driving, even if the wireless phones are equipped with a hands-free device, or while using a mobile service device.

Exemptions are for emergency calls.

The first offense is punishable by a $50 fine, and $100 for each subsequent offense.

Under this section of the bill, “mobile service device” includes but is not limited to a broadband personal communication device, specialized mobile radio device, handheld device or laptop computer with mobile data access, pager and two-way messaging device.

In a nine-page report, the JGO Committee said although the use of cellular phones is advantageous to immediately communicate with family, friends, associates and clients, there is a need to regulate such use to ensure the safety of many residents specifically when used while driving a vehicle.

“The overall safety of the Commonwealth’s general public is of great importance and is enhanced by the enactment of this measure. Therefore, benefits resulting from the enactment of House Bill 17-143 far outweigh the additional costs that may arise,” the committee said.

Rep. Janet Maratita (Ind-Saipan) said she supports this bill because of its focus on motorist safety.

“This is a sound policy that I hope my colleagues will also support. It’s dangerous to use your cell phone while driving. Studies and studies have shown that that is the case,” she said, adding that she was supposed to introduce such a bill but later found out that a similar one had already introduced.

The House JGO Committee, chaired by Rep. Ralph Demapan (Cov-Saipan), cited three main types of driving distractions including visual which takes one’s eyes off the road; manual, which takes one’s hand off the wheel; and cognitive, which takes one’s mind off what they’re doing.

“All distractions endanger a driver’s safety,” the committee said.

Texting while driving, however, is the most alarming because it involves three types of driving distractions.

The committee cited national studies, including the findings that of those killed in distracted driving-related crashes, 995 or 18 percent involved reports of a cell phone as a distraction.

The age group with the greatest proportion of distracted drivers was the under-20 age group. The committee, citing studies, said 16 percent of all drivers younger than 20 involved in fatal crashes were reported to have been distracted while driving.

“Drivers who use hand-held devices are four times as likely to get into crashes serious enough to injure themselves,” the JGO panel said, quoting data from the Insurance Institute for Highway Safety.

A University of Utah study, quoted by the JGO panel, also shows that using a cell phone while driving – whether it’s handheld or hands-free—delays a driver’s reactions as much as having a blood alcohol concentration at the legal limit of .08 percent.

As a result of potential hazards, most states have in some form enacted statutes that regulate the use of handheld devices or texting while driving in order to reduce the dangers of distracted driving for the general public.