By
Eric Swedlund
Arizona Daily Wildcat
Fight to outlaw the use of cellular phones while driving is
PHOENIX - State lawmakers yesterday squashed a bill that would outlaw the use of cell phones while driving.
Arguing that there isn't sufficient data to support the measure, the Senate Commerce Committee voted 5-0 against the bill.
"I agree that we need more data on this," said Sen. John Verkamp, R-Flagstaff, chair of the committee. "I am concerned about making legislation based on anecdote."
The bill would have made operating a cellular phone or personal computer while driving illegal. As a non-moving civil traffic violation, the penalty would have been $100 for a violation that resulted in an accident and $50 for one that did not.
The bill's sponsor, Sen. Tom Smith, R-Phoenix, argued before the committee that drivers who use cell phones are unsafe. He offered several horror stories of accidents caused by those drivers.
"I feel sorry for the citizens who don't want the bill," Smith said after the bill's defeat. "There's still going to be more injuries, more property damage and more deaths caused by people driving with cell phones."
Each member of the committee said that although the bill was aimed at public safety, there were not enough facts to support the bill.
"The easiest way to vote against something is to say 'I don't have enough facts,'" Smith said.
In support of his bill, Smith referenced several studies that examined the use of cell phones in traffic accidents.
The National Highway Traffic Safety Administration estimates that at least 80 million people have a cellular phone, and about 85 percent of those use their phones while driving.
"Any distraction when you're driving is wrong, and this is one of the maximum distractions," Smith said. "The use of a cell phone while driving endangers the people in the vicinity of that car."
A 1998 NHTSA report found that the use of cellular phones while driving is linked to an increased risk of accidents.
No state has outlawed the use of cellular phones while driving, but last year 27 states considered legislation regarding the issue.
"I've talked to people who have cell phones and they agree with my bill," Smith said. "Even people who have a hand-held cell phone recognize that it's not the best thing to do."
Sen. Darden Hamilton, R-Glendale, said he could not support the bill without sufficient data to prove the measure would effectively increase traffic safety.
"Show me the data," he said. "I would like to see information on accident reports for a year or two to see a trend and have an understanding on distractions that cause accidents."
Hamilton added that distractions are the responsibility of the driver.
"If it is a problem, we need to deal with it and pass legislation to assure our roads are as safe as possible, but first show me the data," he said.
Sen. Ramon Valadez, D-Tucson, said that although he voted against the bill, the debate is not over because it involves a serious public safety issue.
Several lobbyists speaking on behalf of cellular phone companies agreed that the bill was not the right solution in its attempt to legislate common sense.
Don Isaacson, a lobbyist for Sprint, said the company supports the concept of safety, but opposes the bill as it was written.
"The industry in recent years has taken on a significant pro-safety campaign," he said. "The industry is fully committed to the safe use of phones."
Isaacson said an analysis is warranted before lawmakers could consider passing a bill prohibiting the use of cell phones while driving.
Susan Bitter Smith, a lobbyist for AT&T, said there is an appropriate use of cell phones while driving.
"The industry is in agreement that we ought to be encouraging safe driving," she said, adding that the bill would have too little benefit.
Eric Swedlund can be reached at Eric.Swedlund@wildcat.arizona.edu
