Photo Illustration By Joe Hu/Special To The Town Crier

Despite recent legislation banning the use of talking or texting on cell phones while driving, authorities in Los Altos say it’s still a problem, and difficult to enforce.

Picture this scenario: You’re driving along and suddenly you remember that important phone call you promised to make or that crucial piece of information you have to text to someone right now. You tell yourself it will only take a couple of minutes, so you’re tempted to pick up your cell phone from the passenger seat and quickly dial a number or send a text. What should you do? Your decision could be a matter life or death.

At any given moment, more than 1 million drivers in the United States are talking on handheld cell phones – against the law in California since July 1, 2008 – according to the National Highway Traffic Safety Administration.

While many drivers have taken the necessary steps to use hands-free devices while driving, others continue to talk and text on their cell phones, making it dangerous for themselves and for others around them, said Sgt. Matthew Hartley, motor officer with the Los Altos Police Department.

“I’m encouraged that the issue is gaining attention,” said California Sen. Joe Simitian (D-Palo Alto), who authored the hands-free bill, introduced the legislation in 2001, worked for its passage in the Legislature and saw it pass into law several years later.

Governor signs bill into law

California Senate Bill (SB) 1613, signed by Gov. Arnold Schwarzenegger in 2006, dictates that, effective July 1, 2008, California drivers are prohibited from using handheld, wireless phones while driving, except in an emergency. In addition, the Wireless Communications Device Law, effective Jan. 1, 2009, prohibits California motorists from writing, sending or reading text-based communication on an electronic wireless communication device, such as a cell phone, while driving a motor vehicle.

“The simple fact is, it’s dangerous to talk on your cell phone while driving,” Schwarzenegger said at the bill-signing ceremony in Oakland. “So, getting people’s hands off their phones and onto their steering wheels is going to make a big difference in road safety.”

“Using a cell phone that is not hands-free interferes with the safe operation of the vehicle,” said Los Altos Police Chief Tuck Younis.

Motorists in California are strongly encouraged not to use cell phones at all while driving. If they choose to do so, however, it must be hands-free.

Old habits die hard

Easier said than done, according to Hartley.

“While there is strong compliance to this law, cell-phone use (while driving) is still a chronic problem,” he said. “We issue numerous citations for the use of the cell phone – for talking and texting while driving.”

The department issued 254 citations between July 2008 – when the hands-free law went into effect – and July 2009, he said. A first offense carries a base fine of $20, which increases to $143 after adding court and assessment fees. Subsequent offenses cost much more.

Drivers are so accustomed to using their cell phones that they cannot do without them, Hartley said.

The “old habits die hard” adage holds true in this situation.

“Drivers see me on my motorcycle and wave to me, holding their cell phones to their ears,” he said.

They are sometimes completely oblivious that it’s against the law, Hartley added. Although the police department does not target such drivers, they will issue citations – approximately 5-10 a day – if they see drivers breaking the law.

A six-month study conducted by Simitian’s staff compared California road accident numbers during the latter half of 2008 to the previous year and saw a significant reduction in collisions and traffic fatalities.

“There was a 20 percent drop in California accidents in the latter half of 2008,” Simitian said.

Although there is no evidence to connect the decline in road accidents to the hands-free bill, “the early data is encouraging,” he said.

Campaigns for education and awareness

The California Highway Patrol and several Santa Clara County Law Enforcement agencies – including Los Altos – joined forces Aug. 11 and 25 for a “zero tolerance” campaign against drivers violating the hands-free cell phone law.

“We wanted to launch something first in the San Jose area,” said Officer Brandie Dressel, public information officer with the San Jose area CHP. “We then extended the campaign to other CHP offices all over the county.”

Bay Area CHP officers issued more than 300 citations on each day, Dressel said. While strictly enforcing laws against drivers not using a hands-free device, the campaign was also designed to educate drivers about the consequences of distracted driving, she said.

Dressel said Capt. Cathy Wayne of the San Jose Police Department initiated the campaign after observing 14 drivers talking on their cell phones while she was returning home to Concord in an unmarked car after work one day. Wayne wanted to do something to reduce the number of distracted drivers.

“I believe we had a successful campaign,” Dressel said. “Law enforcement agencies were able to increase the safety of the motoring public through education and enforcement.”

AAA pitches in

The American Automobile Association (AAA) launched a “Heads Up” nationwide driving week Oct. 5-11 to encourage drivers not only to stop using cell phones, but also to avoid any type of distraction while driving.

“We wanted to plant the seed of awareness,” said Cynthia Harris, spokeswoman for AAA in Northern California.

In addition to the weeklong campaign, AAA has an ongoing commitment to reduce distracted driving habits permanently, Harris said.

Distractions galore

Cell-phone use aside, motorists are often distracted by other activities, which skeptics argue the hands-free laws do not cover. Activities such as changing a CD, looking for a CD, skipping or selecting a song on an iPod, applying makeup, reading or taking care of something or someone in the backseat while driving serve as distractions.

Statistics indicate that teen drivers are more likely to be involved in crashes because they lack driving experience and tend to take greater risks. The hands-free and text-ban laws have resulted in a “dramatic improvement” in the 16-18 age group road accident data, Simitian said.

“A distracted driver is a dangerous driver,” Younis said. “And laws are in place to try and prevent some of these distractions.”

U.S. Transportation Secretary Ray LaHood called it a serious epidemic at the Sept. 30 Department of Transportation’s two-day summit on distracted driving in Washington, D.C. Simitian sat in on the interactive panel discussions.

Figures released at the conference by the traffic safety administration reported more than 5,800 distracted driving deaths and 515,000 injuries in 2008. The figure climbed from 11 percent in 2004 to 16 percent in 2008.

Drivers should resort to whatever it takes to prevent distractions, Harris said, even if it means making a personal pledge to put the phone and other distractions away or lock them up in the trunk.

Emergency situations

The law states that drivers can use a handheld cell phone only in the case of an emergency.

Most motorists in Los Altos pull off the road in emergencies to make their phone calls, Younis said.

In an emergency situation, Harris recommends that drivers get off the road or freeway safely, park in a safe spot and take care of their business.

The more information disseminated about safe driving practices, the better drivers will be, said Younis, who added that he thinks Los Altos has an educated driving population that tries to comply with the law.

Contact Jana Seshadri at

This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Email (will not be published)

Name

Title

Comment
 remaining characters

Post

We reserve the right to use comments submitted on our site in whole or in part. We will not publish comments that contain advertising or website links.