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Lawmakers back off effort to ban drivers from using cell phones

10:26 AM PST on Tuesday, February 20, 2007

By AARON CLARK, Associated Press Writer

SALEM, Ore. -- Oregon lawmakers have moved away from trying to ban drivers from using cell phones and are instead pushing to allow police to ticket motorists if it appears cell phone use is interfering with their driving.

AP photo

A motorist talks on a cell phone while driving.

"It is not as strong an approach on cell phones," said Sen. Ginny Burdick, D-Portland. "We are in a political process and we have to understand that not everything is doable."

Still, Burdick said the move would give police another tool to go after cell phone use and other activities that distract drivers and create safety hazards on Oregon's roads and highways.

Burdick is teaming with Rep. Andy Olson, R-Albany, on bills in the House and Senate that take aim at such things as reading magazines, eating, applying makeup or chatting on a cell phone -- if they impair one's ability to drive.

 POLL: What is the worst distraction for drivers?

"You can operate a motor vehicle on the cell phone, you can operate a motor vehicle reading or writing as long as it does not interfere," said Olson, a retired state police lieutenant.

The intent of the new bills, Olson said, is to "focus on the driving behavior" and not to eliminate the activity.

Under the bills, police officers could cite a motorist for "distracted driving," punishable by a $360 fine, if it appeared that cell phone use or other non-driving activities were interfering with safe operation of the vehicle.

Last week, the Senate Judiciary Committee heard testimony on another bill that would ban the use of cell phones outright, which is the current law in three states and the District of Columbia.

However, that bill didn't generate much support in the Capitol and is being set aside in favor of the broader "distracted driver" bills, Burdick said.

State traffic safety statistics showed that in 2005, five of Oregon's 487 car-related fatalities were related to cell phone use, as were 234 of its 44,877 crashes.

A lobbyist representing Oregon bicycle riders as well as pedestrians, said he can support the approach being pursued by Burdick and Olson.

But Scott Bricker said people who use cell phones while driving aren't as safe as others because they are distracted by their conversations and it takes them longer to react.

"We are interested in things that strengthen the understanding of the public that you should not be doing these things," Bricker said.

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