Pa. House defeats cell-phone ban on drivers
HARRISBURG - After more than three hours of contentious debate, the House of Representatives rejected yesterday a measure that would have banned the use of hand-held cell phones while driving in Pennsylvania.
HARRISBURG - After more than three hours of contentious debate, the House of Representatives rejected yesterday a measure that would have banned the use of hand-held cell phones while driving in Pennsylvania.
Critics, mainly Republicans, lined up to pick apart the proposal offered by State Rep. Josh Shapiro (D., Montgomery) that would have made talking on a hand-held cell phone a primary offense - meaning that drivers could get pulled over just for being spotted gabbing with one glued to an ear.
Among other things, Republicans said the measure was poorly worded and would impose steep fines on those who innocently broke the law, amounting to a sneak tax increase.
House members did endorse a proposal pushed by State Rep. Chris Ross (R., Chester) that would make talking on a hand-held cell phone - as well as other distractions such as reading, eating, and applying makeup - a secondary offense. That means drivers could be pulled over for driving carelessly, and then cited and fined $50 for using a cell phone.
Shapiro said yesterday that his measure, which was proposed as an amendment to a bill addressing teen driving safety, was meant to save lives.
"The focus is on making sure that this is a public-safety initiative to save lives and stop accidents from occurring," Shapiro said. "If you talk on a cell phone, you are putting someone else's life at risk."
He added: "I'm not going away. This is a fight worth fighting and I'm going to continue to press the case."
Under Shapiro's proposal, drivers caught using a hand-held phone would have been required to pay a $50 fine - although no points would have been assessed to their records.
Shapiro's measure included exceptions for law enforcement officers, drivers of mass transit vehicles, operators of emergency vehicles when on duty, and motorists reporting a traffic accident or making an emergency call.
Several other states, including New Jersey, already have similar bans on the books.
Philadelphia City Council just last week passed an even more restrictive ordinance, making it illegal to talk on hand-held cell phones while driving, skating, or cycling. Mayor Nutter will sign the bill next week, a city spokeswoman said yesterday.
If it had passed yesterday, Shapiro's proposal still would have needed Senate approval - and Gov. Rendell's signature - before becoming law.
But the measure got bogged down in heated debate on the House floor as Republican lawmakers questioned everything from whether it clearly defined what constituted "operating a motor vehicle" to whether it would lead to profiling certain drivers.
Some lawmakers also complained that Shapiro's proposal would have allowed drivers to pick up their cell phones to dial a number - defeating the purpose of public safety, in their view.
One Republican lawmaker, Rep. Stan Saylor (R., York), said it would put pressure on municipalities to use the law to bring in additional revenue, amounting to a tax increase.
"It's nothing more than a back-door tax on the people in Pennsylvania," Saylor said.
Inquirer staff writer Jeff Shields contributed to this article.
