The Cleveland, Ohio, suburb of Brooklyn, believed to be the first city in the nation to pass a mandatory seat belt law back in 1966, is making fresh legal tracks again with the approval of an ordinance making it punishable by fine to talk on a cellular phone while driving unless both hands are on the steering wheel.
The City Council passed the ground-breaking ordinance March 22 by a 5-2 vote.
Motorists will not be pulled over for using a cell phone as a primary offense, but drivers who are pulled over for weaving in traffic and/or creating danger for others would be cited if they are holding a phone in one hand, said Brooklyn Police Chief James F. Maloney. A judge then could impose a fine up to $100.
Emergency calls, using the phone while the transmission is in park, or talking via speaker phone were noted as exceptions to the ordinance.
According to Tim Ayers, the Cellular Telecommunications Industry Association’s vice president of communications, the inattentive driving of mobile phone users is causing many lawmakers to stand up and take notice.
“More than 20 states have looked at laws like this one but they’ve all rejected it,” said Ayers.
A large portion of the group opposed to laws such as the one passed in Brooklyn are state police officers who see one more law to combat inattentive driving as unnecessary and impractical.
“Something like this is so specific it poses problems for police when it comes to enforcement,” said Ayers. “Every state already has laws against inattentive driving. Police have the power to fight it.”
Only a handful of people opposed the ordinance in Brooklyn. Mayor John M. Coyne said the issue came to his attention after he witnessed a minor accident the police later determined was caused by an inattentive driver using a mobile phone.
Ayers noted organizations such as CTIA and various cellular phone manufacturers take driver safety very seriously and do what they can to caution users against potential hazards, but, careless driving-whether caused by talking on a mobile phone, tuning the radio, or eating-is a behavior.
“Police would rather go after the behavior,” said Ayers.
The Associated Press contributed to this report.
