Police Department To Council: Ban Cell Phone Use By Drivers

Francis Healy, an attorney who serves as special advisor to Police Commissioner Charles Ramsey, told a City Council committee this afternoon that it should approve a local law to ban the use of cell phones by drivers in the city. Council members Bill Green, Bill Greenlee and Frank Rizzo introduced the legislation in September, which would require drivers to use a "hands-free" device for calls and would also ban sending text messages or e-mails while driving. The law would also apply to people using scooters, bikes and even roller skates and skate boards.

Councilman Frank DiCicco, who supports the legislation, said he considered introducing a similar bill a few years ago but held off when the city Law Department suggested it would conflict with the state motor vehicle code. Councilman Bill Green said the Law Department issued a memo, saying it could defend the local law. PennDOT has said the new proposal would conflict with state law.

"Whether or not we can enforce or not, at this point, really is not the most relevant aspect of this," Healy said when asked if the Police Department would enforce the law if it passes. "What it really does is send a message." That message, Healy said, would tell the General Assembly in Harrisburg to act on the issue.

Rebecca Cunningham testified in favor of the bill, telling Council members she crashed her car while sending a friend a text message. "I was told many times by many doctors that I was lucky to be alive," said Cunningham, who broke her wrist and needed two surgeries to repair an injured ankle.

William Arnold, a self-employed insurance salesmen from Port Richmond, countered that the legislation would limit his ability to do business while on the road. "We have to weigh the small risk versus the larger loss of business and convenience," Arnold said.

The Committee on Streets and Services approved the bill, sending it to the full Council for a vote.