You’ll have to hang up and drive – or else

OLYMPIA – Drivers can keep munching Big Macs and putting on mascara. But talking on cell phones is coming to an end.

Legislation banning drivers from using their hand-held cell phones passed the House of Representatives on Wednesday and is now speeding toward becoming law.

It must make a brief stop in the Senate next week to pick up a final stamp of approval before continuing its journey to the desk of Gov. Chris Gregoire, who is expected to sign it. It would take effect in 2008.

“I’ll be for it,” said Cindy Shebley of Everett, who owns a cell phone.

“People while talking on their cell phone are kind of distracted. As a general rule, I don’t answer it while I’m driving,” she said.

Sandy Twietmeyer of Everett said you can’t legislate common sense and doesn’t think the law would be effective.

“If they’re not going to be using a phone, they’re going to be putting makeup on and getting into an accident anyway,” she said.

Their views echoed the House debate Wednesday that preceded the 59-38 vote passing the bill barring drivers from talking on hand-held cell phones.

The bill originated in the Senate, where it was passed March 7. Because the House added an amendment exempting drivers with hearing aids, senators must concur before the legislation is given to the governor.

House supporters said eliminating this distraction will save lives.

“This bill sends the message to all drivers all over the state that talking on the phone is dangerous while driving,” said Rep. Judy Clibborn, D-Mercer Island.

“Or as the bumper sticker says, ‘Hang up and drive.’”

Rep. Maureen Walsh, R-College Place, called it a shame to have to pass a bill essentially telling people to use common sense but that it’s become necessary for public safety.

“If we save one life, then I think it’s worth it,” she said.

Opponents argued the bill ignores the many other behaviors that diminish one’s attention to driving.

To make their point, several members revealed their own habits behind the wheel.

“I have a few words for you to think about: Big Mac. Breakfast Jack. Pizza. One of my favorites, the Blizzard. These are all things that I frequently have my hands on while I’m driving,” said Rep. Bill Hinkle, R-Cle Elum.

“I talk on a cell phone a lot less than I eat in a car,” he said.

Rep. Barbara Bailey, R-Oak Harbor, followed.

“While he’s engaged in Big Macs and Blizzards, there are many of us that are very familiar with hair curlers, mascara, eye drops, lip stick, baby bottles, baby pacifiers, the occasional back hand to the back seat and many other distractions that happen when we drive,” she said.

Any legislation, she said, should focus on the broader problem of distracted driving and not new regulations.

“Where does it stop?” she said.

Under the proposed law, cell phones or other telecommunication devices, such as a Blackberry, can still be legally used if, after dialing, the conversation is conducted through a headset or speaker. Also, phones clipped to an ear will be allowed.

Violations would be an infraction carrying a fine of $101 and would not be reported to a driver’s auto insurer.

They will be secondary offenses under the legislation. A law enforcement officer would have to stop a driver for another reason such as speeding or erratic driving before inquiring whether a hand-held cell phone had been used.

Text messaging on cell phones while driving is also likely to be banned by lawmakers this session. A bill banning the popular form of communication has passed the House and is pending in the Senate with a vote expected today or Friday.

It comes down to safety, said Daniel Soto of Everett.

Using a cell phone distracts a driver, said Soto, who has worked driving school buses and trucks.

“I’m a professional driver. One of the most important things while you are driving is to stay alert,” he said.

Michelle Dufour of Snohomish said she has mixed feelings about the proposed law.

“I’m concerned that lawmakers are continuously taking away our rights,” she said.

“But on the other hand, I do feel talking on a cell phone (while driving) can be dangerous,” said Dufour, who does not use hers when at the wheel.

Reporters David Chircop and Yoshi Nohara contributed to this report.

Reporter Jerry Cornfield: 360-352-8623 or jcornfield@heraldnet.com.

Senate Bill 5037 would ban drivers from talking on hand-held cell phones starting July 1, 2008.

It allows use of cell phones with a headset or other hands-free device.

A violation would carry a $101 fine and be an infraction, not a moving violation.

Drivers could not be stopped for talking on the phone. They could be cited for the offense if stopped for another reason, such as speeding or erratic driving.

House Bill 1214 would ban text messaging on phones while driving. A Senate vote is planned this week.

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