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Washington House Passes Bill Restricting Cell Phone use While Driving

Bill would make it a traffic infraction to drive with cell phone held to ear.

Washington State Senate Bill 5037, which limits the use of handheld cell phones while driving, passed the House yesterday 59 to 38. It passed the Senate last month 29-18.

After seven years of sponsoring a bill to restrict the use of cell phones while driving, Sen. Tracey J. Eide is seeing her creation come closer to life than ever before. "As hard and long as I've worked on this bill, giving up just wasn't an option," Eide said. "Too many people in my district and across the state have contacted me with their support and encouragement. I knew this was important for keeping our roads and our families safe."

Eide said her position had been bolstered by a survey taken in 2005 by PEMCO Insurance showing 80 percent of those polled believed using a cell phone while driving should be illegal or restricted to a hands-free device. PEMCO recently conducted another poll and found the number supporting the restriction has increased to 85 percent.

Under the measure, a person operating a moving vehicle while holding a wireless communications device to the ear would be guilty of a traffic infraction, although enforcement would be as a secondary offense, meaning that the driver would have had to commit another infraction in order to be pulled over for this one. Infractions would not be reported to insurance companies. The prohibition would not apply to someone driving an emergency vehicle, using a hands-free wireless device or to report illegal activity, summon emergency assistance or prevent injury. The bill also would exempt tow truck drivers responding to disabled vehicles.

"I don't know what else we'd need to make the case that the public wants safer roads by putting common-sense limits on the use of cell phones while driving," Eide said.

As the bill was amended in the house to exempt those wearing hearing aids, it returns to the senate for concurrence, and if passed will continue on to Governor Chris Gregoire's desk.