John S. Arnick wants you to shut up and put your hands back on the wheel.
This week, the Baltimore Democrat introduced a bill into the Maryland General Assembly which would make it illegal to talk on a handheld cellular phone while driving. In so doing, Arnick joined state lawmakers in several other states, including New York and New Jersey, who have proposed similar laws.
"It is becoming such a prevalent habit for bad driving," said Arnick, who claimed he receives "at least two to five complaints a week from constituents about people ... driving poorly while using handheld telephones." Arnick owns a hands-free model, which he keeps in his car.
Maryland House Bill 37 would make it a misdemeanor, punishable by a fine of up to US$500, to talk on a handheld cellular phone while driving an automobile. But that's assuming the bill ever gets out of the house commerce and government matters committee and passes an assembly vote -- and Arnick admits the chances are slim.
Ditto for New York State Assemblyman David Sidikman, who has tried for the past three years to get a similar bill out of the house transportation committee and bring it to a vote.
"There's tremendous opposition to this bill from the business council, the communications people, and so it's still sitting there," said Sidikman with a chuckle.
Sidikman does not own a cell phone. "I'm not a doctor," he said. "If people want to talk to me, they can wait until I get to the office."
Like Arnick, Sidikman believes the statistics -- 57 highway deaths in 1997 that were at least partially attributed to cellular phone use while driving, according to the National Highway Traffic Safety Administration -- indicate that there ought to be a law.
"It's really a hazard on our roads to have people with one hand on the wheel and one hand talking on the phone," said Sidikman. "We're making a statement here. You've got seatbelt laws, you've got bicycle-helmet laws, you've got all kinds of laws that are really very difficult to enforce.
"However, if you have it on the books, those citizens who are law-abiding will abide by the law," said Sidikman.
"You can tell it's January again," sighed Tim Ayers, a spokesman for the Cellular Telecommunications Industry Association. "Every year at this time we see these bills come up in state legislatures. They're introduced, and they get to judiciary committees, and the states all find that the law is already on the books."
Well, not exactly. While no state has yet formally outlawed talking on a cell phone while driving, every state has some form of a reckless driving or inattentive driving law that applies to any situation in which a driver isn't focusing on the road. According to Ayers, that should suffice.
"We prefer the broad brush rather than this rifle shot pointed to specific technologies," said Ayers.
Not good enough, counters Arnick.
"On those [reckless driving] charges, a policeman gets to guess on an issue, and it becomes a judgment call," said Arnick. "This is very clear and concise."
Arnick said he even believes that using a handheld cell phone on a deserted street should be illegal.
"People use them anytime they want, wherever [they] want, for any stupid purpose; that's the whole problem," said Arnick. "These devices are supposed to be used when you're driving for emergencies only."
But with more than 68 million cell phone subscribers in the United States, some believe that education is more effective than sending careless users to court.
"We have a full educational campaign, using radio, TV, and print, and it's always been part of what we do," said Ayers. "We have a simple message: When you get behind the wheel of a car, your first responsibility is always to drive."
