ARIZONA STATE SENATE
Phoenix, Arizona
cellular telephones; use
while driving
Prohibits the use of
handheld cellular telephones while operating a motor vehicle.
The National Highway Traffic
Safety Administration (NHTSA) estimates that at least 110 million people
subscribe to wireless telephone services. A NHTSA survey completed in January
2001 found that 54 percent of motor vehicle drivers in the United State usually
have a cell phone in their vehicles or carry a cell phone when they drive. Almost 80 percent of these drivers leave
their cell phones turned on while driving, and 73 percent report having talked
on the phones while driving. The 1998
NHTSA article, “An Investigation of the Safety Implications of Wireless
Communications in Vehicles,” examined available research studies and crash data
relating to cellular telephone use while driving that resulted in motor vehicle
collisions. The report found that the
use of cellular phones in motor vehicles is associated with an increased risk
of a collision. A competing study
conducted by the University of North Carolina Highway Safety Research Center
concluded that cell phones ranked eighth on a list of distractions that caused
crashes, below activities such as adjusting the radio or eating and drinking.
According to the National
Conference of State Legislatures (NCSL), 43 states, the District of Columbia
and Puerto Rico proposed more than 130 bills regarding cell phones and driving
in 2001. New York became the first
state to prohibit the use of handheld mobile phones while driving. Massachusetts prohibits drivers from using
cell phones while operating a school bus.
Louisiana, New Jersey and Virginia approved legislation to study cell
phone involvement in crashes. New
Jersey also prohibits drivers with learner’s permits from using cell
phones. Illinois revised its headset
restrictions, allowing drivers to use one-sided earpieces with cell
phones. Finally, Oklahoma and Oregon
prohibited local jurisdictions from enacting cell phone restrictions.
Internationally, at least 24
countries restrict or prohibit cell phones and other wireless technology in
motor vehicles. Israel, Japan, Portugal and Singapore prohibit all mobile phone
use while driving. Australia; Brazil; Chile; Denmark; Germany; Greece; Hungary;
Italy; Poland; the Philippines; Romania; Slovenia; South Africa; Spain;
Switzerland; Turkey; New Delhi, India; and Hong Kong prohibit the use of
hand-held mobile phones while driving. Drivers in the Czech Republic, France,
the Netherlands and the United Kingdom may use cell phones, but can be fined if
they are involved in crashes while using the phone. Drivers in the United
Kingdom and Germany also can lose insurance coverage if involved in a crash
while talking on the phone.
This legislation has no
determinable fiscal impact to the state general fund.
1. Prohibits a person from engaging in a cellular telephone call while driving. Presumes a person is engaged in a call if the person holds a cell phone to or in the immediate proximity of the person’s ear while the vehicle is in motion.
2. Allows the use of hands-free cellular telephones while operating a vehicle.
3. Exempts specified individuals from the prohibition, including law enforcement personnel, persons reporting emergency situations and persons holding a commercial driver license while driving within the scope of employment.
4. Prescribes a nonmoving civil traffic violation for cell phone use while driving. Establishes a civil penalty of $50 for a violation that does not result in a vehicle accident and a civil penalty of $200 for a violation that results in a vehicle accident.
5. Requires the investigating law enforcement officer to indicate the use of a cell phone on a written accident report when a person is cited for an electronic device violation that results in a vehicle accident.
6. Provides a one-month period, September 1, 2002 through September 30, 2002, for law enforcement officers to issue verbal warnings to potential violators to inform and educate the driving public.
7. Defines terms.
8. Becomes effective on October 1, 2002.
Prepared by Senate Staff
January 25, 2002