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Nutter signs cell ban for drivers

Won't go into effect until November; state threatens $ punishment

Mayor Michael Nutter speaks during a press conference yesterday where he signed legislation banning the use of cell phones while driving. (Sarah J. Glover / Staff Photographer)
Mayor Michael Nutter speaks during a press conference yesterday where he signed legislation banning the use of cell phones while driving. (Sarah J. Glover / Staff Photographer)Read more

Mayor Nutter signed a bill into law yesterday — the same day a driver's cell-phone gabbing led to a SEPTA bus accident (see accompanying story, this page), thus underscoring his point — that bans the use of handheld devices while driving in the city, despite the threat of financial punishment from Harrisburg.

"We're doing what we think is in our best interest," he said in a media event at Eakins Oval, in front of the Philadelphia Museum of Art.

"If your hands aren't on the wheel, you impair your ability to operate a vehicle."

Beginning in August, the Police Department will launch a three-month public-education campaign to inform residents and officers of the ban. Though the ban is in effect, it will not be enforced until Nov. 1.

PennDOT had warned for months that a local ban on the use of hand-held phones while driving would conflict with the state Motor Vehicle Code.

On Monday, the state House passed an amendment that would strip the city of its portion of the gas tax and of highway and bridge funding.

The legislation awaits the Senate's consideration.

If passed, the legislation would cost the city $90.3 million this year.

Nutter said that he hopes it won't get to that point.

"We don't want to be in any antagonist position, but I'm hopeful that ultimately we really should have one statewide standard on this, but you have to start somewhere.

"As a local government our main responsibility is to protect our citizens."

Critics of the city ban, including Philip J. Berg, an attorney from Lafayette, Pa., said that it will go nowhere.

"This is a waste of money," he said. "In a bare financial situation, it's pure stupidity. This is just a feel-good for politicians."

In 2000, Berg helped defeat cell-phone-ban legislation in Bucks County and has promised to represent for free those who receive citations here.

Nutter's concerns were illustrated yesterday when 16 people, including a toddler, were injured after a motorist on a cell phone caused a SEPTA bus to ram into two parked cars and a pillar of the Market-Frankford El in Kensington.

This is "a perfect example why we needed the law that I signed," Nutter said last night. "When you're distracted holding a cell phone and texting, it's an example of when bad things happen." *