X-SciTech

County Bans Phoning While Driving

February 27, 2001 / 11:11 AM EST / AP

The Westchester County, New York, Legislature, deciding not to wait for a statewide law, voted unanimously Monday night to prohibit motorists from talking on handheld cellular phones.

Westchester, just north of New York City, is one of the most affluent counties in the country.

"I truly believe we've saved lives tonight," said legislator Louis Mosiello, sponsor of the bill, after the 16-0 vote. "We had an obligation to protect our own citizenry and now hopefully the state will follow."

The measure authorizes fines of up to $150 for using a phone while driving in Westchester unless the phone can be operated hands-free or is being used in an emergency. It will go into effect 45 days after it is signed by County Executive Andrew Spano, who says he supports it in the absence of a state law.

In neighboring Rockland County, a measure banning driving while phoning passed the Legislature in December but was vetoed by County Executive C. Scott Vanderhoef, who said the state should take the lead.

Vanderhoef also said that the proposed penalty of up to 10 days in jail was too severe and that eating a fast-food hamburger while driving could be just as dangerous as talking on the phone.

Mosiello said he agreed with Vanderhoef about the jail time — there's none in the Westchester bill. And the Westchester measure is written to annul itself as soon as a "substantially similar" state law is enacted. But Mosiello debated the "Big Mac" argument, saying most of a driver's distractions — like dripping ketchup — are momentary, while "most cell phone calls are prolonged distractions."

The cell phone industry criticized the "crazy-quilt" approach.

"County-by-county is really not going to put into place the kind of legislation that is effective and needed at this time," said Robin Nicol, a spokeswoman for Verizon Wireless. "Local laws will confuse callers. We support statewide legislation."

Mosiello said he hopes the Westchester bill and others — Suffolk County has a law in place and New York City, among others, is considering one — "will force the state's hand."

"The state has had this on its plate for two years yet they have still failed to act," he said.

In Albany, bills are being prepared for the Senate and Assembly that would supersede all local ordinances. Gov. George Pataki has said he is willing to at least consider such a ban.

But Mosiello said Westchester couldn't wait any longer.

"This cell phone thing has proliferated to such a degree that people are using them on a regular basis for frivolous conversation and they're putting at risk everybody who crosses their path. We're trying to provide a safer driving environment for the citizens of Westchester County and at the same time to force the state to act," he said.