In N.J.: Hands off that cell phone Police will soon be able to stop and ticket drivers for a primary offense.

February 27, 2008|By Troy Graham and Mario F. Cattabiani INQUIRER STAFF WRITERS

Studies have shown that many people who talk on their cell phones while driving stop scanning their surroundings and focus on a single point.

Soon, in New Jersey, that means that chattering motorists might not notice the police officer about to pull them over and give them a $100 ticket.

Effective Saturday, a new law makes driving while talking on a phone without a hands-free device a primary offense. Also banned is text-messaging or using other electronic devices.

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"It's a distraction," said Pam Fischer, director of the state Highway Traffic Safety Division. "We mean it: Hang up and drive."

A weaker New Jersey cell phone ban, in effect since 2004, made driving and talking a secondary offense, meaning that motorists could be cited only if stopped for another reason. That ban did little to reduce phone use behind the wheel.

Under the new law, drivers can be fined merely for having a handset pressed to their ears or trying to answer a text message.

Pennsylvania is considering similar legislation to curb use of handheld phones by drivers.

"It takes a primary offense for people to be put on notice," Fischer said. "If police see someone who appears to be distracted . . . there's obviously a problem. If it's a cell phone, they're going to get a ticket."

The new measure puts New Jersey at the forefront of the issue - the state is one of only four to target this type of distracted driving. California, Connecticut and New York have similar laws, as does Washington, D.C.

In Pennsylvania, the House Transportation Committee is scheduled to hold a public hearing in Pittsburgh next week on a bill that would make it illegal to drive using a handheld phone.

State Rep. Josh Shapiro (D., Montgomery), who introduced the measure five months ago, said the need for legislation is clear.

In 2006, he said, Pennsylvania transportation officials reported 1,241 accidents attributed to drivers using a handheld phone. That year, only 60 accidents were caused by using hands-free devices, Shapiro said.

"It's time to follow New Jersey's example and disconnect distracted drivers on Pennsylvania roadways," Shapiro said yesterday.

The New Jersey law assesses a $100 fine to anyone caught talking or listening on a handheld device or texting on any instrument, but no driver's license points will be assessed, according to a bulletin from Fischer's agency.

Police are ready to enforce the new law.

"There will be no grace period," said Capt. Al Della Fave, a New Jersey State Police spokesman.

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