Council: driving & cell phonmes don't mix

So there you are, driving your car or scooter down a Philadelphia street - or riding a bike, balancing on a skateboard, blazing along on roller skates - and your phone rings. Hands off, City Council declared yesterday.

Council unanimously approved a ban on cell-phone use on city streets while operating just about any kind of vehicle.

The new law makes an exception for drivers who use a "hands-free device."

Violating the law could bring a $150 fine, knocked down to $75 if paid within 10 days.

But the whole law may itself be knocked down in a court challenge. PennDOT says the local legislation conflicts with the state Motor Vehicle Code.

A Montgomery County attorney used that argument in 2000 to successfully challenge a similar law in Hilltown Township, Bucks County.

That attorney, Philip J. Berg, has vowed to represent for free anyone cited under the new law.

Mayor Nutter yesterday said he would sign the legislation and deal later with any challenges.

"That was the same argument that folks laid out with regard to gun-safety laws," Nutter said.

"This is a serious public safety issue. I'll let the Law Department and other folks deal with those kinds of issues." *

Staff writer Catherine Lucey contributed to this report.