POST-SEPT. 11 OUTLOOK UNCLEAR FOR STATE CELLPHONE DRIVING BILLS
Pivotal role that cellphones played in aftermath of Sept. 11 attacks may slow down state legislative proposals next year that would restrict wireless phone use while driving, several participants told Washington conference Wed. “Next year we will have some legislation -- the question is how much,” said Matt Sundeen, senior policy specialist for National Conference of State Legislatures (NCSL).
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
NCSL’s forum on driver focus and technology was part of winter NCSL meeting in Washington. Several months ago, state legislation taking aim at cellphone use in cars looked like it had more momentum as part of broader backlash by some frustrated with cellphone use in public places such as restaurants or movie theaters, Sundeen said. “When cellphones played such a key role in what happened September 11, a lot of that backlash has vanished,” he said. Still, he said more legislation restricting cellphone use on roads was passing at local level. “It puts some pressure on legislatures to do something at the state level,” he said. Among changes that appear to be emerging in bills that state lawmakers are considering is that more seem to be centered on driver distractions in general, not just mobile phone use, and on improved data collection, Sundeen said.
Sept. 11 focused publicity on beneficial use of cellphones, which in short term could redirect state lawmakers’ attention to other issues, said Charles Hurley, vp-transportation safety group of National Safety Council. But concern over liability is poised to be real driver of issue of roadway cellphone use, rather than federal or even state legislation, Hurley said. Concern is liability that companies may face if their employees are using cellphones in cars for work purposes. Some employees are beginning to quietly ban that workplace practice, Hurley said.
One theme that emerged at NCSL conference is that more and better research is needed to document safety risks posed by cellphones and other distractions. Barbara Harsha, exec. dir.- National Assn. of Governors’ Highway Safety Representatives (NAGHSR), said her group had adopted new policy that viewed driver distractions more broadly than just cellphone use. Policy says all drivers should be discouraged from using cellphones, faxes and other electronic devices except to report emergencies. “Our message is a no-use message,” she said.
NAGHSR also will work with National Highway Traffic Safety Administration and Federal Highway Administration in revising national model for uniform crash-criteria reporting, she said: “We will definitely be considering whether cellphone data should be collected by the states,” she said. “State crash data are important but there are limitations on that data. We know there is tremendous underreporting.” More research also is needed on impact of new devices in cars, said Jason Conley of ITS America. He said his group would look at research guidelines in field, such as those issued by Society of Automotive Engineers, and would advise U.S. Transportation Dept. later this year.