By: Kenneth Stecker
Traffic Safety Resource Prosecutor
Cell phones have become a valuable tool in the way we go about our daily lives. In the business world, employees use them to perform their jobs. They help boost productivity as employees can easily reach clients while driving from one destination to another. Cell phone commercials show teenagers typing text messages constantly to each other, with lingo only they understand. However, cell phones also raised a number of issues involving safety, security, and privacy.
For employers, there are liability issues. For example, if an employee has an automobile accident and injures someone else or themselves while making a work-related cell phone call, the employer as well as the employee may be found liable. Several lawsuits have been filed against employers as well as the employees themselves who have harmed someone allegedly because of cell phone use while driving and doing business at the same time.
If an individual must use cell phones while driving, the following safety guidelines may be helpful:
• Always dial while the car is stopped.
• Never use the phone in heavy traffic or bad weather.
• Use speed dialing as much as possible.
• Use a hands-free phone.
• Never look up phone numbers while driving.
• Never have stressful conversations while driving.
• Keep your eyes on the road while on the phone.
What is Michigan doing?
There is no federal law that prohibits drivers from using mobile phones while driving, but some states and local jurisdictions have taken action.
In Michigan, on January 22, 2008, Senate Bill 1036 was introduced, which would ban the use of hand-held cell phones while driving. Under the bill, “use” means to initiate a call; answer a call; listen to or engage in verbal communication through the device; or type, send, or receive a text message or an instant message. There are exceptions to the bill including; reporting a traffic accident, medical emergency, serious road hazard, personal safety in jeopardy, reporting a potential crime, and for police officers to carry out their official duties.
Additionally, there are two bills in the State House of Representatives that will affect use of cell phones while driving. House Bill 5117 would prohibit text messaging while driving and House Bill 4982 would ban the use of handheld phones. However, hands free devices would be permissible to use. Supporters of the bills point to studies that found the use of such phones contributes to distracted driving and accidents. Opponents of the bill maintain that there is insufficient evidence to conclude mobile phones are any different from other distractions to drivers.
It should be noted that on June 1, 2008, the Michigan Department of State implemented a new license restriction for some probationary teen drivers in an effort to encourage safer driving and reduce crash risk. The “no cellular phone use while driving a motor vehicle” restriction will be applicable to probationary teen drivers, age 14.9 to 19 years, who disclose during a driver re-examination, that cellular phone use impacted a violation or event on their driving record.
What are states doing?
• There are 141 pending bills in 18 states (AZ, DE, IA, IL, KS, LA, MA, MI, NH, NY, OH, OK, PA, RI, SC, TN, VA, and VT) that would either implement a new cellphone ban or strengthen an existing ban.
• Five states (NY, OH, OK, PA and VT) have legislation that would ban the use of both handheld and hands-free cellphone use.
• Sixteen states (AZ, DE, IA, IL, KS, LA, MA, MI, NY, OK, PA, RI, SC, TN, VT, and VA) have bills pending that would create a ban on the use of handheld cellular phones.
• Thirteen states (AZ, IA, IL, LA, MA, MI, NY, OK, PA, SC, TN, VT, and VA) have legislation specific to teen drivers.
• Fifteen states (AZ, DE, IA, IL, KS, LA, MA, MI, NH, NY, OH, OK, PA, RI, and TN) have bills that specifically reference text messaging.
• Seven states (LA, MI, NY, OK, PA, RI, and TN) have bills that would restrict the use of cellphones by bus drivers.
• Illinois has a bill pending that would restrict the use of cellphones by pedestrians crossing roadways.
• Tennessee and Pennsylvania have bills that would ban the use of cellphones in school zones.
• Tennessee has a bill pending that would prohibit a driver of trucks and truck tractors with a gross vehicle weight rating of 16,000 pounds or more from using a hand held mobile telephone while the vehicle is in motion on an interstate highway.
In conclusion, the best advice is that if someone receives a cell phone call while driving, they should let voice mail answer it and/or call back when they can stop at a safe area. Common sense always should dictate paying attention to the road while driving!
Editor’s Note: I would like to acknowledge Laurel B. Sims, Legal Assistant, Insurance Institute for Highway Safety, for providing the updated pending cellphone legislation.
