Hands off the cellphone

New law takes effect Tuesday

COLUMBIA BASIN - Using a cellphone while driving is a secondary offense as of July 1 and could result in a $124 citation.

The new law creates a secondary offense for using handheld cellphones while driving, meaning law enforcement can't issue a citation unless the driver is violating another traffic law, Moses Lake Police Capt. Dave Ruffin said. If a driver is not committing any other traffic offense, they will not be stopped.

"We'll see (several people) going down the road, talking on their cellphone and we can't stop them," he said.

The intent of the new law is to prevent collisions due to drivers failing to pay attention to the road while using their cellphone, Ruffin said.

The use of cellphones while driving has led to numerous collisions, he added.

"We're hoping it's going to reduce accidents," he said.

Recently there was a collision in Grant County leading to a fatality because the driver was talking on a cellphone, Ruffin said.

In the past three to five years, law enforcement witnessed cellphone use among drivers increase significantly, he said. It's easy to see people using cellphones while driving across Moses Lake, Ruffin said.

According to the Washington State Patrol, approximately 210,000 drivers were involved in collisions in 2006. Approximately 1,300 drivers admitted they were talking on their cellphone at the time of the collision.

Law enforcement, fire department personnel and drivers reporting an emergency are exempt from the new law, Ruffin said. Hands-free devices are used more often by Moses Lake police to follow the law although they are exempt and encourage others to do so.

The law allows for all drivers to use other wireless devices instead of a cellphone.

Inland Cellular representative Zeb Rogerson said there are a variety of wireless options available.

There are headsets, earpieces and hands-free devices that clip onto sun visors. Any can be used legally while driving, he said. The price ranges from $29.95 and up.

As people are learning about the law, sales for hands-free devices increased significantly, Rogerson said.

Although the law states hands-free devices are lawful, the law does not indicate an offense when a driver holds a cellphone away from their head while using a speakerphone option.

Technically drivers can use cellphones if they are not holding them to their heads while speaking although the intent of the law states the device must be hands-free, Ruffin said.

"The key is whether the device is held up to the ear," state patrol Chief John Batiste stated. "That's what our troopers will be watching for."

Drivers can also continue to use CB radios and other devices that do not need to be held to the ear for use, he noted.

State troopers will enforce the cellphone law but the majority of their efforts will continue to focus on drivers who commit traffic violations proven to cause fatalities, including speeding, impaired driving, failure to wear seatbelts and aggressive driving, Batiste noted.

"If you are wondering why we need this law, all you need to do is look around," Sen. Tracey J. Eide, D-Federal Way, stated. "We've all seen drivers put others at serious risk while deeply engaged in a cellphone conversation."

Eide was the prime sponsor of the cellphone bill. The law was passed during the 2007 legislative session.