Sens. defend cell gabbing, texting while driving

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Cell-phone talking and texting while motoring Montana roads was approved by the state Senate Wednesday, as it firmly rejected a bill to outlaw using handhelds while driving.

Senate Bill 278 would have allowed a fine of $100 for the offense. It failed on a 32-17 vote.

The measure introduced by Sen. Christine Kaufmann, D-Helena, did not apply to phones used with accessories that allow drivers' hands to remain free.

"Firstly your hands come off the wheel, secondly your eyes come off the road, and thirdly your mind is not engaged with the task of driving," Kaufmann told fellow lawmakers.

Six Democrats voted against the proposed ban, while Republicans stood nearly party line against it.

"The cell phone adds a lot of productivity to small businesses," said Sen. Bruce Tutvedt, R-Kalispell.

Opponents also said banning cell phone use would single out just one of many possible distractions for drivers, and could actually result in more accidents as drivers panic to pull over and answer their ringing phones.

Kaufmann's bill did not apply to cell phones used with accessories that allow drivers' hands to remain on the wheel. It also included exemptions for licensed amateur radio operators and two-way radios used by law enforcement and tow-truck drivers.

The Montana Highway Patrol says at least 143 crashes were caused by cell phones in the state in 2007, an increase of 40 from the year before, although the actual related crashes could number much higher.

"People, they're not going to tell you. It's human nature to tell the best story so a lot of folks probably don't admit cell phone use," said Col. Mike Tooley, the patrol commander.

The patrol supports any measure that could reduce driver distractions, Tooley said.

In January the National Safety Council called for a total ban on the use of cell phones while driving, even if the devices are used with accessories that make them hands-free.

Kaufmann's bill set stricter limits than a similar Montana House bill sponsored by Republican Rep. Bob Lake of Hamilton - which has also been tabled. That bill would have restricted new phone prohibitions to within city limits.

At least 18 other states restrict cell-phone talking or texting for some or all drivers, according to the Insurance Institute for Highway Safety, a research organization funded by the insurance industry.

"We accept certain limits on our freedom when we get behind the wheel and they have to do with the safety of ourselves and others," Kaufmann said in her final pitch for the bill.

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