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Wednesday, February 03, 2010
Panel OKs Statewide Phone Ban for Drivers
By Dan Boyd
Journal Staff Writer
SANTA FE - New Mexico drivers are one step closer to having to put down their cell phones after a House panel approved a statewide mobile phone ban on Tuesday.
The proposed ban, which is backed by Gov. Bill Richardson, would prohibit talking or texting while driving except during emergencies.
Motorists would still be able to use cell phones with hands-free devices.
The House Transportation and Public Works Committee voted 7-5 Tuesday in favor of the ban (HB10), although even supporters acknowledged that enforcing a statewide ban on cell phone use by drivers would be a difficult task.
"It will be a challenge, especially in those long stretches of road," said Rep. Antonio Lujan, D-Las Cruces, the bill's sponsor. "But I think eventually it will take hold."
The statewide cell phone ban would allow exemptions for reporting illegal activity, preventing injury or summoning medical help. It also would exempt law enforcement officers and certain commercial enterprises.
The bill would make New Mexico the nation's seventh state to ban the use of hand-held cell phones while driving, both for talking and sending text messages.
At least four New Mexico cities — Albuquerque, Santa Fe, Las Cruces and Taos — have enacted municipal ordinances that bar cell phone use for drivers.
As worded, the bill would pre-empt local laws and carry a fine of $200. In Albuquerque's case, that would mean the current penalty of $100 for first-time offenders would be doubled.
However, the bill is expected to be changed to reflect the concerns of cities, which have proposed that revenue generated by fines stay in local coffers, with the exception of $1 per traffic violation that would be earmarked to the state ignition interlock fund.
"If our officers are going to have any incentive to adopt this, there has to be some benefit to municipalities," said William Fulginiti, executive director of the New Mexico Municipal League.
Although at least one committee member questioned Tuesday why other behaviors that distract drivers weren't also being targeted, others expressed support for clamping down on chatting drivers.
"It affects all of us if we're on the road," said Rep. Roberto "Bobby" Gonzales, D-Taos, chairman of the transportation committee.
The ban now moves on to the House Judiciary Committee, where it could be debated later this week.
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