Cellphone ban urged while driving

The National Transportation Safety Board recommendation Tuesday that all states should ban drivers from using any cellphones, including hands-free devices, would be "drastic" and a tough sell in the islands where county restrictions already exist, a key Hawaii lawmaker said.

Rep. Joe Souki, the House transportation chairman, said he would not support such a ban.

"That might be a bit radical," said Souki (D, Waihee-Wailuku). "I think hands-free can serve a useful purpose for business. … Something urgent may come by when you need to have this.

"I would agree that we should not text and you should not have the cellphone on the ear. Other than that, I think it’s a bit drastic."

The safety agency’s recommendation was approved unanimously Tuesday by the NTSB’s five-member board.

NTSB Chairwoman Deborah Hersman acknowledged the recommendation would be unpopular with many people and that complying would involve changing what has become ingrained behavior for many Americans.

While the board doesn’t have the power to impose restrictions, its recommendations carry significant weight with federal regulators and congressional and state lawmakers. Another recommendation issued Tuesday urges states to aggressively enforce current bans on text messaging and the use of cellphones and other portable electronic devices while driving.

"We’re not here to win a popularity contest," Hersman said. "No email, no text, no update, no call is worth a human life."

The immediate impetus for the recommendation of state bans was a deadly highway pileup near Gray Summit, Mo., last year in which a 19-year-old pickup driver sent and received 11 texts in 11 minutes just before the accident.

Board investigators said they are seeing an increase in texting, cellphone calls and other distracting behavior by drivers in accidents involving all kinds of transportation. It has become routine to immediately request the preservation of cellphone and texting records when an investigation is begun.

The safety board’s decision to include hands-free cellphone use in its recommendation is likely to prove especially controversial. No states ban hands-free use, although many studies show it is often as unsafe as hand-held phone use because drivers’ minds are on their conversations rather than what’s happening on the road.

Various proposals have been introduced in the Hawaii Legislature in the past several years, most recently in 2009.

Senate Bill 1054 would have prohibited drivers between 15 and 18 years old from engaging in distracting activities, including cellphone conversations with or without a hands-free device, use of all other electronic devices, consuming food or beverages, engaging in personal grooming or attempting to reach for any other object or device.

The measure passed in the Senate but stalled in the House, where Souki’s committee expanded it to include all drivers. It carved out an exception for cellphone conversations using hands-free devices.

Sen. Will Espero, a co-sponsor of the Senate legislation that year, said he supports the safety board’s recommendation and would discuss a proposal for a statewide ordinance with his colleagues.

"I think if we did, that would be a plus, and we should," said Espero (D, Ewa-Honouliuli-Ewa Beach). "You’ve got to start somewhere, right? And this is one that’s gotten attention and has received approval from other jurisdictions and bodies, so this is a good place to start."

Souki said a statewide law may be unnecessary in Hawaii, where all four counties have adopted legislation restricting the use of cellphone and other mobile devices while driving.

"If the counties all have their own (law), certainly I think a state statute would not be needed," Souki said. "In respect, sometimes it would be better for the counties to make this law because they’re the ones who enforce this with their policemen."

Honolulu became the first county to enact a law, passing an ordinance in 2009 that prohibits drivers from holding any electronic device, whether it be a phone, digital music player or camera.

Maj. Kurt Kendro, police Traffic Division commander, said he believes the law is a strong one that is needed to keep Oahu roadways safe.

"In addition to texting and making phone calls, smartphones allow people to check emails, sports scores, weather forecasts and read online publications," Kendro said. "While convenient, these features also increase the risk factors in crashes that can cause property damage, serious injury and death."

From January through October, city police cited 9,916 drivers under the ordinance, a pace that would top last year’s total of 10,101.

Hawaii and Kauai counties put laws in place last year.

On Kauai, police cited 396 drivers from May to December 2010, and through November of this year have issued 1,111 citations.

Since January 2010, when the Hawaii island law took effect, 2,036 citations have been issued. Another 30 citations have been issued under a similar ordinance that covers motor vehicle accidents caused by the use of a mobile device while driving.

Despite the law, Hawaii County police Sgt. Robert Pauole says officers often report spotting violators on the road as they are traveling in the opposite direction, making it difficult to make a U-turn and give chase.

"What we have in place now, I definitely believe in it," Pauole said. "I wish we would be able to do more enforcement on it."

Maui County also enacted an ordinance restricting cellphone use while driving. Statistics were not immediate available Tuesday.

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The Associated Press contributed to this report.