New York to Drivers: Hang Up

By JOHN J. GOLDMAN and VIRGINIA ELLIS

June 27, 2001 12 AM PT

TIMES STAFF WRITERS

NEW YORK — “I think it’s very good because drivers are distracted when they are on the phone,” said Eric Nkrumah, a chauffeur, as he sat in his parked limousine Tuesday. “Safety is more important, and that’s my main concern.”

Surveys show that’s what most New Yorkers believe as Gov. George Pataki prepares to sign legislation making the Empire State the first in the nation to forbid drivers from using hand-held cellular phones in moving vehicles.

The New York legislation renewed hope among cell phone critics in California that their efforts to push through a similar measure, defeated in April, will ultimately succeed. Similar laws have been proposed in a score of states.

New York’s legislation, approved by lawmakers this week, had the overwhelming support of voters and backing from Verizon Wireless, which like other carriers faced a patchwork quilt of local laws banning cell phone use.

Contributing to the lopsided 125-19 vote in the state Assembly was a Quinnipiac University poll cited by the bill’s sponsors that revealed 87% of people interviewed supported the cell phone ban.

The bill permits the use of a headset or a hands-free cell phone while driving. The measure also allows 911 calls.

“We were very specific [about] what we would support,” said David Samberg, New York area spokesman for Verizon. “It is a good bill.”

In California, Verizon was alone among the cellular phone companies in supporting similar legislation. The bill’s sponsor, Assemblyman Joe Simitian (D-Palo Alto), blamed the opposition by such carriers as AT&T; Wireless, Sprint PCS and Cingular Wireless for its defeat.

“I was absolutely baffled because all of them publish consumer brochures that say, ‘do not drive and use your cell phone,’ ” Simitian said. “They had one story on the street and a very different story in the Capitol.”

His bill prohibiting drivers from using hand-held cellular telephones was defeated by a single vote in an Assembly committee in April.

New York’s law takes effect Nov. 1. Violators will receive a grace period for a month and only get a warning. Starting Dec. 1, the fine for using a hand-held cell phone while driving will be $100.

Judges have the option to waive the fine until March 1 if the offender can prove the purchase of a speakerphone or a headset.

The bill also provides for research over the next four years to determine to what degree, if any, hand-held cell phones contribute to accidents.

But plenty of New Yorkers already have made up their mind.

“I saw someone actually hit another car because she was on the phone and she didn’t look,” said Jacqueline Irizarry, a licensed optician. “She hit the car that was stopped. No one was hurt.

“Before cell phones came out, what did we do? We actually parked somewhere and used the phone at the corner shop. I think it’s safety first,” she added. “There are too many accidents out there.”

Mallam Alhassan, pausing before steering his taxi with a passenger in the back seat into Park Avenue traffic, said: “I think it’s good because people talk and don’t pay attention to what they’re doing a lot of the time. I don’t think it’s going to be a hard habit to drop. Smoking is an addiction; driving with a cell phone is not.”

Mayor Rudolph W. Giuliani also praised passage of the bill and called for drivers to pull over and stop at the curb when receiving a call on a hand-held cell phone.

“Safety is more important,” the mayor said.

In California, Simitian said he will reintroduce legislation again next year, when he hopes it will get a boost from New York’s measure and publicity about the rising number of traffic accidents blamed on cellular phones, including the near-fatal injuries to supermodel Niki Taylor recently in Atlanta.

Simitian’s proposal was more modest than New York’s in that it provided for a three-year phase-in. He said the requirements of the bill could be met with a simple microphone earpiece that costs $7.40.

“I’m not big on regulation, and in this case it was my view that the cost of this would be negligible and we could save some lives,” he said. “I was very disappointed.”

Still alive is legislation by Assemblyman George Nakano (D-Torrance) requiring police to report when cell phone use plays a role in traffic accidents. That measure, AB-770, has passed the Assembly and is pending in the Senate.

Goldman reported from New York and Ellis from Sacramento. Times researcher Lynette Ferdinand in New York also contributed to this story.