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Governor to sign ban on driving with hand-held cell phones

06:55 PM PDT on Thursday, June 25, 2009

By KATHERINE COOK and AP Staff

SALEM, Ore. -- Oregon is a step closer to joining other West Coast states that ban use of hand-held cell phones while operating a motor vehicle.

AP photo

A motorist talks on a cell phone while driving.

The Oregon House on Wednesday approved a bill already OK'd by the state Senate to impose a maximum $90 fine on drivers caught texting or talking on a hand-held cell phone.

It now goes to Gov. Ted Kulongoski to become law. The governor indicated he will sign the legislation.

The measure cleared its last major hurdle after supporters said drivers who become distracted by using hand-held cell phones are a menace to themselves and others on the road.

The bill does not apply to drivers using a cell phone equipped with a handsfree device. It also has exceptions for certain drivers, including those working in public safety.

"It just took an instant and it changed so many people's lives," recalled Peggy Tucker of Canby.  Two years ago, Tucker lost he daughter, Angela, in a car accident.  Police say it happened when another driver dropped her cell phone, reached down to pick it up and hit Angela, head-on.

"Since then I've been so passionate about people not talking on their cell phones while they drive," said Tucker.  "Put the phone down or pull over and talk when you get to a safe place," she said. 

Tucker wrote a letter to the editor of her local paper, sharing her daughter’s story.  It caught the eye of Representative Carolyn Tomei, D-Milwaukie, who authored House Bill 2038, or the "Hang Up and Drive" bill, as she calls it.

"It was very, very moving to have (Tucker) there, who had such a commitment to this legislation," said Tomei.  As for her constituents in Milwaukie and Southeast Portland, Tomei said the issue of drivers talking on their cell phones was constant at town hall meetings.

"They felt it was an issue of public safety," said Tomei.  "In fact, that was where they came up with, 'tell them to hang up and drive,' and that's sort of what we've called this bill."

A bill that got the green light from The Senate, followed by The House, this week.  Tucker was there, with Angela on her mind. 

"She would say, 'way to go mom,' because my life has changed," said Tucker.

 Background: Oregon's cell phone ban proposal

If the measure wins final approval, Oregon will join its neighboring states of Washington and California in restricting the use of hand-held cell phones while driving. There are similar bans in Connecticut, New Jersey and New York.

In 2007, Oregon lawmakers made it illegal for teenagers younger than 18 to talk and drive, but the law said police could ticket teens only if they had been stopped for another traffic violation. Local police have said that provision made the law difficult to enforce.

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