Cell phone penalties will increase for drivers using hand-helds in New Jersey

Studies have shown that many people who talk on their cell phones while driving stop scanning their surroundings and focus on a single point.

Soon, in New Jersey, that means that chattering motorists might not notice the police officer about to pull them over and give them a $100 ticket.

Effective Saturday, a new law makes driving while talking on a phone without a hands-free device a primary offense. Also banned is text-messaging or using other electronic devices.

"It's a distraction," said Pam Fischer, director of the state Highway Traffic Safety Division. "We mean it: Hang up and drive."

A weaker New Jersey cell phone ban, in effect since 2004, made driving and talking a secondary offense, meaning that motorists could be cited only if stopped for another reason. That ban did little to reduce phone use behind the wheel.

Under the new law, drivers can be fined merely for having a handset pressed to their ears or trying to answer a text message.

Pennsylvania is considering similar legislation to curb use of handheld phones by drivers.

"It takes a primary offense for people to be put on notice," Fischer said. "If police see someone who appears to be distracted . . . there's obviously a problem. If it's a cell phone, they're going to get a ticket."

The new measure puts New Jersey at the forefront of the issue - the state is one of only four to target this type of distracted driving. California, Connecticut and New York have similar laws, as does Washington, D.C.

In Pennsylvania, the House Transportation Committee is scheduled to hold a public hearing in Pittsburgh next week on a bill that would make it illegal to drive using a handheld phone.

State Rep. Josh Shapiro (D., Montgomery), who introduced the measure five months ago, said the need for legislation is clear.

In 2006, he said, Pennsylvania transportation officials reported 1,241 accidents attributed to drivers using a handheld phone. That year, only 60 accidents were caused by using hands-free devices, Shapiro said.

"It's time to follow New Jersey's example and disconnect distracted drivers on Pennsylvania roadways," Shapiro said yesterday.

The New Jersey law assesses a $100 fine to anyone caught talking or listening on a handheld device or texting on any instrument, but no driver's license points will be assessed, according to a bulletin from Fischer's agency.

Police are ready to enforce the new law.

"There will be no grace period," said Capt. Al Della Fave, a New Jersey State Police spokesman.

The state has put up signs, including one on the Ben Franklin Bridge, warning that the law is going into effect.

Several state agencies also have scheduled a news conference tomorrow at a North Jersey Turnpike rest stop to draw attention to the ban.

"The public should be well aware," Della Fave said.

The public does seem aware, judging by the conversations at local wireless stores.

Rahsaan Hall, an employee at CVM Wireless in Haddonfield, said sales for Bluetooth and corded headsets have jumped in recent weeks.

"We have a lot of people coming in," he said. "They don't want to get the $50 ticket, or whatever it is."

Exceptions to the law are allowed during emergencies, or if a driver needs to report a fire, crash or road hazard or an unsafe driver.

Fischer said that, even with a hands-free device, talking on a phone can be distracting. Calls should be brief, she said.

It's all part of a car culture that includes eating, reading, applying makeup, and doing any number of other tasks behind the wheel, Fischer said.

"We've turned our cars into our mobile homes and offices," she said. "The best use of your time when driving is to concentrate on driving."