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Bill to ban cell phones while driving advances
[February 26, 2009]

Bill to ban cell phones while driving advances


Feb 26, 2009 (The Charleston Gazette - McClatchy-Tribune Information Services via COMTEX) -- CHARLESTON, W.Va. -- West Virginia drivers again face the possibility of fines for using cell phones on the road.

Members of the House Roads and Transportation Committee on Wednesday unanimously passed a bill (HB2621) that would impose a fine up to $25 on people who use cell phones or other wireless communications devices while driving. The House Judiciary Committee will now take up the bill.

Last year, the House of Delegates passed the same proposal, but the bill got tied up in a state Senate committee.

This year, "I think it has a good chance," said Steve Dale, deputy commissioner at the state's Division of Motor Vehicles.


Studies show that drivers using cell phones are four times more likely to be involved in a wreck, Dale told legislators.

Six other states have passed similar laws, and 17 -- including West Virginia -- ban teen drivers from using cell phones, Dale said.

Delegate David Walker, D-Clay, said he supported the measure, but worried that cell phones aren't the only things that distract drivers. People who put on lipstick and read books and newspapers while driving are much more dangerous, he said.

"I'm not trying to be funny," said Walker, who is a crane operator.

If the law passes, using a cell phone while driving would be a "secondary violation," meaning an officer could only cite someone for violating the law if they're pulled over for something else.

That would make it similar to West Virginia's seatbelt laws. The number of West Virginians who wear their seatbelts has risen dramatically since the state implemented a secondary seatbelt law in the early 1990s, Dale said.

"Just the fact that there is a law on the books, most individuals will use that as a guide," he said after the meeting.

Under the proposal, motorists could still use their cell phone during emergencies, and could use hands-free phones at any time. Emergency responders would be exempt, and cabdrivers, school bus drivers and law enforcement could still use radio devices.

Violators wouldn't rack up any points on their driver's licenses.

Delegate Daryl Cowles, R-Morgan, wanted to amend the bill so drivers could still talk on their phones but not text message or use the Internet.

Cowles said people who drive well while talking on the phone shouldn't be punished, and that the change would be a "good compromise." But other members rejected that amendment, saying it would kill the purpose of the legislation.

Reach Alison Knezevich at [email protected] or 304-348-1240.

To see more of The Charleston Gazette, or to subscribe to the newspaper, go to http://www.wvgazette.com. Copyright (c) 2009, The Charleston Gazette, W.Va.

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