City Council passes handheld cells for drivers

City Council voted 17-0 this morning to ban using handheld cell phones while driving.

Handheld use is also outlawed for skateboarders, bicyclists, in-line skaters and scooter riders. City Councilman Bill Green, Councilmen William K. Greenlee and Frank Rizzo were behind the measure, and Mayor Nutter is expected to sign it. Enforcement would begin immediately.

"This is a realistic, enforceable bill that will save lives," Greenlee said before the vote.

The National Safety Council says drivers using cell phones are more than four times as likely to be involved in a traffic accident. Five states - New Jersey, New York, Connecticut, California and Washington - have handheld bans.

The bill would allow hands-free devices, though studies argue that drivers are distracted by talking on cell phones, period.

No state has banned cell-phone conversations completely, though a number of states ban teenage drivers from all cell-phone use.

First-time offenders will be fined $150. The fine for a second offense will be $300.

Councilman Frank DiCicco had investigated a similar ban, but was rebuffed by a city Law Department opinion that a local driving law would be overridden by state law, which doesn't address cell-phone use.

In a more recent opinion, issued in September, the Law Department left some wiggle room, saying that the city could pass laws to address "special conditions," which Green would define as the unique risk to pedestrians in the city.

A bill is pending in the state House of Representatives that would ban handheld use. That measure was introduced by State Rep. Josh Shapiro (D., Montgomery), and should go to the floor for a vote this session.

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