HAND HELD CELL PHONES PROHIBITED
WHILE DRIVING Statewide beginning July 1
Time is running out! Starting on July 1, 2004 the use of
hand held cell phones while driving in New Jersey will be a
motor vehicle violation. Only wireless telephones in moving
motor vehicles will be permitted if the phone is equipped
for hands-free operation, and the placement of the
hands-free equipment does not interfere with the placement
of federally required equipment in the vehicle, such as
airbags. There are exceptions. A driver may still use a
hand-held phone in a moving vehicle if the driver has reason
to fear for their lives or safety or to report a traffic
accident, a serious road hazard, or to report a person who
is driving in a careless or unsafe manner. This will not be
a convenient excuse for violating the new law. Proof will be
required to document that the call or statement was made to
an appropriate authority that received the call. For now,
the new law is not a first offense. This means that a driver
cannot be stopped by the police solely for suing a hand held
phone. If , however, the police stop a driver for some other
reason, such as speeding, and the driver was using a hand
held cell phone, then another violation summons can be
issued. The fine for cell phone violations can range from
$100 to $250, depending on the circumstances. New York state
has had this law for several years. Various studies have
indicated that engaging in distracting activities while
driving contributes to motor vehicle accidents. No matter
how we like to save time with multi-tasking, the moving
vehicle is not the place to do so. Needless to say, there
are many groups, primarily in the telecommunications
business that oppose this law. I did not vote in favor of
this new law. The experts believe that talking on the phone
is no more dangerous than changing the radio stations. But
the fact is that any activity that distracts you for even a
split second, be it eating that Big Mac or putting on your
mascara, can have serious, even potentially catastrophic
consequences. Currently there are 5 municipalities that
have ordinances prohibiting cell phone use, two of which,
Marlboro and Hazlet, are in Monmouth County. With the
enactment of this law, every town has to comply with the
state-wide standard for penalties and fines. For more
information on the hands-free cell phone law, contact my
office at (732)708-0900 or
asmcorodemus@njleg.org, but, please wait until you have
turned off your ignition.
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