Though once considered rare luxuries, cellular telephones have become a commonplace possession over the last decade. Thanks in part to advances in wireless technology and immense public demand, cell phones have been made affordable to almost anyone wishing to pay for the phone and cellular service plans. With various designs, features and faceplates, ranging from simple black to dark metallic green and Mickey Mouse, the American public now uses over 95 million cell phones.

As the popularity of cell phones have increased in the last five years, so have the number of public safety advocates who link cell phone use by drivers to numerous fatal automobile accidents. In March 1999, the Cleveland suburb of Brooklyn, Ohio passed an ordnance making it illegal for motorists to use handheld cell phones while driving through its jurisdiction. While the cell phone industry has lobbied against such actions, 22 states and hundreds of cities and towns across the nation have considered legislation limiting the use of cell phones by motorists. Most cell phone citations are secondary offenses after a driver has been ticketed for speeding, and carry a fine ranging from $75 to $250.

On July 11, 2000, a Pennsylvania judge struck down a ban on hand-held cell phones by drivers in Hilltown Township, Pa., citing that the ordinance was not contained in statewide motor vehicle laws. Two days later, the town council of Marlboro, NJ approved an ordinance prohibiting motorists from using hand-held cell phones while driving. Following the release of a national study that attributes 25 percent of all car accidents a year to motorists distracted by non-driving related activities, the National Highway Traffic Safety Administration recently conducted a study of electronic devices and drivers, including cell phones. While the results of this study have not been released yet, Chicago Mayor Richard Daley has announced his support for legislation banning the use of cell phones by drivers in that city. If the legislation is successful, Chicago will be the first large U.S. city to have such a cell phone ban.

On One Hand...

Dialing numbers, receiving calls and holding conversations on cell phones while driving eats away at the concentration required of motorists. Beyond the tragic human toll of fatalities caused by drivers distracted by cell phones, scientific studies have established correlations between cell phone usage and accidents. A study of 699 Canadian drivers with cell phones found that "the risk of a collision when using a cellular telephone was four times higher than the risk when a cellular telephone was not being used". The federal government and individual states must protect citizens by enacting legislation that restricts, if not completely outlaws the use of cell phones by motorists and when operating their vehicles.

On the Other Hand...

When states issue drivers licenses, an individual motorist has been deemed both responsible and capable of making decisions behind the wheel. Holding a conversation on a cell phone while driving is no more distracting or different than talking to a passenger, eating fast food or fumbling for a music tape or CD. Motorists were involved in accidents due to inattentive driving decades before the advent of cell phones and no U.S. studies have proven that cell phones cause accidents. A driver should be able to chose whether or not to use a cell phone while driving. Attempts to legally prohibit this infringes on the personal rights of motorists.

• An estimated 44 percent of all U.S. motorists have a cell phone in the vehicle.

• Brazil, Israel, Italy, Japan, Spain and United Kingdom have restrictions on cell phone use while driving.

• Brooklyn, Ohio was the first jurisdiction in the U.S. to ban cell phone use while driving.

• Violators of the Marlboro, NJ ordinance face a fine of $250.

• The Hilltown Township cell phone ban was adopted in December 1999 following the death of a two-year-old girl whose car was struck by another vehicle whose driver allegedly ignored a stop sign while talking on a cell phone.

Cellular Telecommunications Industry Association, National Highway Traffic Safety Administration, American Automobile Association