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Bills would restrict phone use by drivers

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BY CARL ORTH

SUNCOAST NEWS ASSISTANT EDITOR

Published: January 21, 2009

NEW PORT RICHEY - Which is worse, driving while drunk or yakking on a cell phone while behind the wheel?

The National Safety Council president and chief executive, Janet Froetscher, said last week that both activities are equally hazardous, emphasizing that cell phone use increases the risk of a crash fourfold.

That might give Florida lawmakers more ammunition to pass regulations on cell phone use by drivers when the Legislature convenes for its 2009 regular session March 3.

The proposed "Heather's Law," named after Heather Hurd, a Lakeland-area woman who died instantly Jan. 23, 2008, when a semi-truck driver slammed into 10 cars stopped at a traffic light on U.S. 27. The semi-truck driver reportedly was distracted while send a text message.

Hurd's parents dedicated a Web site at http://www.4heather.com/> in memory of their daughter and to stop cell phone use by drivers. They applaud Senate Bill 172 introduced by Sen. Frederica S. Wilson, D-Miami Gardens.

State Rep. John Legg, R-Port Richey, takes a different tactic in his House Bill 261. Legg's proposal would ban all use of cell phones or any other "electronic wireless communications device," except under certain circumstances, for drivers under 18 years old.

A ban on text messaging while driving has the most support among legislators such as state Sen. Mike Fasano, R-New Port Richey. Lawmakers based in West Pasco are torn about some of the provisions in Senate Bill 172, however.

Florida currently has no rules at all about cell phone use by drivers. The state probably won't go so far as the national council's recommendation to ban all cell-phone use by drivers, even hands-free models.

The bill in the Senate would restrict drivers from calling or text messaging. Some exceptions would be made for hands-free devices.

Police couldn't pull over a driver strictly for a cell-phone violation under the terms in Senate Bill 172. The violations would be a secondary offense like seat-belt violations.

Exceptions in the bill would allow cell phones to be used in emergencies.

Fasano "definitely would support banning the use of texting while driving," Greg Giordano's Fasano's chief legislative assistant, said.

Fasano always encourages drivers to use hands-free cell phone models.

Enforcement of a cell-phone ban troubles Fasano, however. "It would be very difficult to enforce that," Giordano said. "How would a law enforcement officer know?"

Fasano has always supported stiffer penalties for drunken driving, Giordano pointed out. In 2006, the senator had filed a bill to require pink-tinted license plates on cars of drivers with restrictions from DUI convictions.

Studies have shown driving while using a cell phone impairs driving equal to that of being drunk, Legg said.

"The right to swing your fist ends where the other persons nose begins and the right to be on your cell ends when it others are our put at risk," Legg commented. He is "optimistic" his bill will become law to "eliminate these needless tragedies on our roadways that we see every day from people mindless driving while texting or on the cell phone."

Carl Orth can be reached at 727-815-1068 or corth@suncoastnews.com.

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