"I think that as the evidence mounts," Simitian said, " the momentum grows for a safe and sane middle ground." The legislator added that polls are showing widespread public support for some kind of restriction on cell phone use in cars and that even some industry folks, such as Verizon Communications, is supporting his bill.
"I am cautiously optimistic," Simitian said. "There is a too great a growing mountain of evidence for people to deny there is a problem."
But, some wireless providers don't agree. They see moves to regulate cell phone use as a "Pandora's Box" that could lead to intrusive laws. "Our position has been that legislation is not needed on this issue," said Bob Kelley, with Sprint medial relations." Where does it lead from here? No food, no audio in the car? It is not fair to single out wireless phones."
Indeed, studies have shown that drivers on cell phones are distracted and have slower reaction times than those whose attention is entirely on the road. Simitian says he is aware of this. "There are two different issues," he observed. "One is of distraction and the other is of control. My bill goes to the ability of people to control a car in an emergency situation."
Opponents argue that they are already advocating for hands-free use and doing significant outreach about safety issues. "Our position has been consistent over the years whenever this issue comes up," said Kelley. "The most important duty is safety. We have backed a policy of education rather than legislation."
According to a source in Simitian's office the first two tries went down because there was not yet sufficient data on traffic accidents and deaths caused by cell phone use. The California Highway Patrol and other organizations have since concluded studies that attribute at least 6,000 deaths nationwide to drivers distracted by cell phone use.
In 2001 New York became the first state to prohibit the use of cell phones while driving. According to Lt. Glenn Miner, a spokesman for the New York State Police, his organization does not yet have enough data to demonstrate the effectiveness of the ban. He said that 80,659 citations were written in 2002. Approximately 22 states are currently considering some kind of cell phone regulation.
Other studies, however, offer critical data. The "New England Journal of Medicine," for example says drivers using cell phones are four times more likely to have an accident than those not distracted by a wireless device.
In his statement about AB 45, Simitian cited the Journal of Accident Analysis and Prevention" which stated that "the risk of fatalities is nine times grater for drivers using cell phones than those who don't." Mark Burris from the University of Southern Florida's Center for Urban Transportation, said the U.S. is woefully lax about collecting accident information. However, he noted that Japan banned cell phone use in cars and the following month accidents caused by mobile use dropped 75 percent.
Research also indicates it may not be the handling of wireless devices that causes the distracted driving. Although manipulating a phone with one hand and driving with the other clearly increases accident risk, experts say that it is the mental distraction that is the biggest contributor accidents. If that is so, a hands-free law may not solve the problem. Nonetheless, Simitian feels that any reduction in risky driving is an improvement over current conditions.
"It (AB45) still allows people to use their phones," he reiterated. "From my point of view it is what is practical, achievable and the least intrusive." A more restrictive bill may have had trouble clearing the legislative gauntlet. "This is a solution that is better than no solution at all," he added.
Makers of cell phones provide clear warnings about using the devices while driving, suggesting the use of hands-free technology and suggesting drivers pull to the side of the road to make calls. Companies issue cautionary warnings for reasons of social responsibility and legal protection. Last year, the family of a man killed by a driver losing a cell phone who ran a red light, won a $3 million settlement from the driver's employer.
But, Simitian says that safety is the driving issue and wireless providers are slowly getting the message. For example, the legislator said that the New York law was not widely opposed by wireless providers because they were facing a worse situation -- local governments throughout New York state writing their own laws and creating what he calls a "patchwork" of regulations that would have plagued cell phone companies.
Simitian is bracing himself for the bill's run at the Senate. He is surprised that the Assembly vote ran true to party lines with only three cross-over votes. "In my mind it's not a matter of Republican or Democrat," he said. "In my mind it's a matter of life or death." New York State passed its cell phone legislation on a bi-partisan vote.
Jeremy Bennett contributed to this story
