Cellular phone use in the United States continues to increase at an exponential rate. As of the beginning of 2002, there were over 115 million cellular phone users; up over 30 million since 2000. With this increased use of cell phones, local and state governments have debated banning cell phones while driving. However, the vast majority of states have yet to pass legislation in this area and the topic remains controversial in many state legislatures.
California, New York, Massachusetts, and Florida have all enacted some form of legislation that limits the use of cell phones while driving. Most other states have proposed regulating legislation only to see it defeated. Public officials who promote regulating cell phone bans say that these restrictions will make the roads safer by preventing distractions. There are many studies that support the restriction of cell phones. The New England Journal of Medicine conducted a study and determined that using a cell phone while driving increased the possibility of an accident by 400%.
United States Congress has also become involved in the debate. Representative Gary Ackerman and Senator Jon Corzine proposed the "CRASH act" in order to restrict the use of cell phones. The "CRASH act," which stands for Call Responsibility and Stay Healthy Act, would require that state's pass legislation that regulates cell phone use while driving or face a reduction in federal funding for highway maintenance. Although this legislation failed, the proposition of this bill shows the regulation of cell phones is now a national issue.
There also are many opponents to cell phone regulation. The group Cellular Telecommunications and Internet Association has openly opposed the bans. Other groups such as AAA, a well-known national automobile club, also feel that restrictions are not the answer.
The main argument against the restrictions these groups pose is that cell phone use is only a small factor in distractions that lead to automobile accidents. One study conducted by North Carolina Highway Safety Research Center determined what the main distractions for drivers were that lead to accidents. The major factors were other people or events, adjusting the radio, and other passengers. Cell phone use was well down on the list, responsible for only 1.5% of accidents.
So what are the options for the future of cell phones? There have been many compromise proposals that attempt to bridge the gap between the two sides. Verizon Wireless, a cellular phone manufacturer and service provider, stated they supported restrictions with certain exceptions. Verizon wanted to ensure that hands-free systems and 911 emergency calls were allowed. They also included a phase-in plan for any new law.
In Michigan, the legislature made another proposal. Instead of restricting cell phone use, this statute would give judges discretion to add an extra point to a traffic violation if the driver was found to have used cell phone during the incident. While this law would not eliminate cell phone use by drivers, it would create more accountability with drivers for traffic violations.
Thus far, the vast majority of states have yet to enact any legislation dealing with cell phone regulation. Moreover, the federal and state courts have failed to make any major holdings regarding this issue. While it is clear that cell phone use by drivers increases the risk of accidents and other traffic violations, there is no clear position yet as to whether regulating and restricting cell phone use is the solution.
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