Hand-Held Cell Phone Ban While Driving

Comment

Jan 21, 2004, News Report

Gov. James E. McGreevey signed legislation today that bans the use of hand-held cell phones while operating a moving vehicle. The new law will continue the governor's efforts to "Build a Better New Jersey" by making New Jersey highways safer.

"Cell phones have become inescapable," said McGreevey. "They are part of our daily lives. This ban will not threaten that. Like any other instrument that could be dangerous, cell phones must be used responsibly. Requiring drivers to keep both hands on the wheel will save lives"

The bill allows the use of wireless telephones equipped for hands-free operation in moving vehicles, provided the placement of those hands-free telephones does not interfere with the operation of federally required equipment on the vehicles, such as air bags.

Drivers may use a hand-held telephone in a moving motor vehicle only if:

They have reason to fear for their lives or safety, or believe that a criminal act may be perpetrated against them or another person requiring the use of the wireless telephone while the car is moving; or

To report a fire, traffic accident, serious road hazard or medical or hazardous materials emergency, or to report a person who is driving in a reckless, careless or otherwise unsafe manner or who appears to be under the influence of alcohol or drugs.

"Enactment of this law will end the confusion many motorists face while driving through our state, never knowing which towns prohibit the use of hand-held cell phones while driving," said Assemblyman Douglas H. Fisher (D-Cumberland). "We now have a uniform law that will require drivers to minimize distractions while driving, making our roads safer."

Enforcement of the law by state or local law enforcement officers is to be accomplished only as a secondary action when the driver has been pulled over for a traffic violation or another offense. The penalties for violating the provision may range from $100 to $250. No motor vehicle points or automobile insurance eligibility points would be assessed for a violation of this law.

Last year, a Quinnipiac University poll showed New Jersey's voters 85 percent of New Jersey's voters overwhelmingly favor a hand-held cell phone ban. Even those who used cell phones said drivers should keep their hands on the wheel.

The governor signed "Florence's Law" which lowers the blood alcohol content from 0.10 to 0.08 percent and "Michael's Law" which requires a person who commits a third or subsequent DWI offense to serve a 180-day prison term in a county jail or workhouse.