Yesterday, the New York Times reported that the National Highway Traffic Safety Administration (NHTSA) withheld research that revealed the risks of driving while operating a cell phone. (Read "NHTSA withholds government study exposing cell phone driving dangers.") The report details the need for more laws and restrictions on cell phone use by drivers. NHTSA specifically recommends that those behind the wheel not use any device, except in an emergency. They also note that laws that forbid the use of hand-held phones are not effective, don’t address the problem, and that it may actually imply that hands-free phones are safe.

A number of states have cell phone restrictions and laws, but none completely prohibit the use of using a cell phone altogether. Six states—California, Connecticut, New Jersey, New York, Utah, and Washington, as well as the District of Columbia--prohibit talking on hand-held phones while driving. All the laws except Utah are primary laws, which mean that police can pull over a driver without any other moving violation. Twenty-one states plus the District of Columbia have a ban on cell phone use for novice drivers. Fourteen states and D.C. prohibit text messaging for all drivers and ten states ban texting only for novice drivers.

There are additional states that will be enacting some type of cell phone restriction in the coming months including a texting ban and phone ban on use by drivers under 18 years old in Arkansas and Colorado. Those laws will go into effect October 1st and December 1st, respectively. Maryland and North Carolina will enact a ban on texting while driving in October and December, as well. Kansas’ law will ban talking and texting on cell phones for young drivers in the coming year. (See complete the details on the cell phone laws at the Insurance Institute for Highway Safety Web site.)

While there are a variety of laws and restrictions, none go as far as NHTSA recommendations in their 2003 study. (Read: "Real cell-phone dangers exposed: Using wireless communication devices while driving.") While a complete ban may not be probable, Consumers Union feels state governments need to re-evaluate their laws, offer better education, and implement harsher fines or punishments for offenders involved in crashes. Insurance companies may also want to investigate rate hikes for those who were involved in a crash while talking on a cell phone. All of these actions should be combined with PSA’s to change the public perception that talking on a cell phone while driving is a safe practice.

Also read:
Should cell phone use by drivers be illegal?
Texting while driving: A dangerous distraction
Talking in the slow lane

—Liza Barth