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Cell phone ban gains momentum, House Bill 1094 passed

Stephen Lin

Issue date: 5/4/09 Section: News
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You are on a cell phone talking to a friend and driving down the highway. Suddenly, the red-and-blue flashing lights of a police car appear in the rearview mirror. What happened? Your lights work; you weren't speeding or driving recklessly.

But you were talking on a cell phone. The officer writes you a ticket and leaves you to pay the bill. Starting this December, that scenario may become a reality if Colorado's proposed cell phone ban passes.

Last Tuesday, House Bill 1094, which will prohibit anyone under the age of 18 to use a cell phone while driving and will require those 18 or older to use a hands-free accessory, was approved by the Senate Appropriations Committee in a 6-4 vote.

Rep. John Kefalas, D-Fort Collins, a co-sponsor of the legislation, called driving and talking on a phone "one of the most dangerous behaviors."

Under the proposed legislation, drivers can only use a cell phone in an emergency, such as reporting a fire or traffic accident, or if their car is not moving. They can also use a hands-free accessory such as a Bluetooth device or plug-in headset.

The bill gained momentum after Michelle Smith, 36, distracted by her cell phone, hit and killed nine-year-old Fort Collins resident Erica Forney in November of last year. Erica Forney's mother Shelley Forney testified before the committees in the House and the Senate to encourage support of the bill.

In 2006, the Colorado State Patrol investigated and categorized over 33,300 crashes. Each crash is given a "causal factor": The error that caused the crash to occur. Inattentiveness to driving, which involves talking on a phone or eating while driving, led the list at 7,430 crashes. Next most was "exceeded safe speed" at 5,035 accidents.

The Insurance Institute for Highway Safety also reported that drivers using cell phones are "four times as likely to get into crashes serious enough to injure themselves" than drivers who don't.

If passed, violating the ban will be a class-A violation, which merits a $50 fine for the first violation and a $100 fine for the second. It has not yet been determined how many points will be taken off driver's license.
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