PUBLISHED 9-1-2006

Gov. Arnold Schwarzenegger shouldn’t hang up on a bill that would require drivers to use a hand-free device if they want to use a cell phone in a car.

He should sign SB1613 by Sen. Joe Simitian, D-Palo Alto.

The governor has said in the past that something needs to be done about the problem of drivers being distracted while talking on the phone, but has not endorsed a legislative solution.

But the time to equivocate on the issue has long since passed. Years of public outrage about inattentive drivers and long experience with accident statistics show Simitian’s bill is needed.

The bill would impose a fine of $20 for the first offense of driving while holding a phone in hand, and $50 fines for subsequent violations. There are exemptions for emergency situations and a few other highly specialized situations.

Several factors make Simitian’s bill a good one:

• Cell phone use is all but universal, but only about one-third of drivers use a hands-free system. A study by the National Conference of State Legislatures showed that 70 percent of all motorists use a cell phone while driving.

• California Highway Patrol statistics — as well as studies all across the nation — show that cell phone use is a continuing and increasing factor in accidents.

• The same CHP statistics show conclusively that the vast majority of cell-phone related accidents  involve drivers without hands-free devices. Only 30 of the more than 800 cell-phone related accidents during 2004 involved drivers who used a hands-free system.

That statistic blunts claims by critics that any use of a phone while driving is distracting enough that all cell phone use should be banned.

Opposition to the bill within the legislature for the most part centered on the “nanny state” argument — that government should stop regulating individual behavior.
 
But huge numbers of laws  — from banning driving while drunk to local dog leash laws — are designed to protect the vast majority of responsible citizens from those who are careless or irresponsible.

Hands-free devices have plummeted in cost since cell phones first became popular and are universally available. If someone can afford the service, he can afford to equip and use it properly.

Simitian has been pursuing this legislative issue for nearly six years. Laws similar to his already have been enacted in many states. During those years, Simitian has amended it to answer critics’ objections.
 
Finally, his efforts to require hands-free devices has passed the Legislature. It is time for the governor to sign it.