A bill to ban the use of hand-held cellphones while driving is expected to emerge from the House Transportation Committee next week.
The measure, H.62, has wide support on the committee, chairman Rep. Patrick Brennan, R-Colchester, said Friday.
It does not, however, have the support of Gov. Peter Shumlin.
The committee expects to hold a vote Tuesday, after which the bill will head to the House floor.
The ban is nearly identical to requirements already in place that prohibit the use of portable electronic devices in construction zones, Brennan said. The legislation would require that all Vermonters employ hands-free technology, such as Bluetooth, when using their cellphones while driving.
The bill carries an exemption allowing drivers to use hand-held phones to call police or emergency responders for assistance. The bill also allows police and emergency personnel to use hand-held devices to communicate while performing their duties.
The penalties for violation are the same as those in the existing work-zone ban. The ticket carries a fine of not less than $100 and not more than $200 for the first offense. Subsequent offenses within a two-year period carry a fine of not less than $250 and not more than $500. First offense carries two points on the driver’s record, five points for subsequent violations within two years.
Brennan said he and some others on the committee have changed their views on cellphone use while driving.
“I used to be against this type of regulation,” Brennan said Friday. “But times have changed. I drive 25,000 to 30,000 miles a year and it’s harder to find someone without a cellphone up to their ear than it is to find one using one.”
Brennan said the committee is pretty much set with the bill, but wants to make certain there is an education component, perhaps using the digital signs along the interstate or a “click it or ticket” style campaign like the one that promotes seat belt use.
The Transportation Committee heard testimony Thursday from representatives of doctors, law enforcement and lawyers. Only one voice opposed the ban — Motor Vehicle Commissioner Robert Ide, speaking on behalf of the Shumlin administration.
“The governor has a long history of thinking that Vermonters should practice prudent policy and he also has an opinion that there are things that are best not legislated,” Ide said. “And it is his opinion that this bill not pass.”
When asked, Ide told the committee he did not know whether Shumlin would veto the bill if passed.
Law enforcement officials said the law would help them enforce the texting-while-driving ban already in place, and would help reduce what they say are increasing numbers of distracted-driving accidents.
Sgt. Garry Scott of the Vermont State Police told the committee that 200 tickets had been issued for texting while driving since the law took effect July 1. Most of those tickets resulted in a reduced charge because drivers simply argued they were dialing or otherwise using their phones, he said. Scott said 12 other states have a ban on hand-held phones, including New York.
Montpelier Police Chief Anthony Facos said the law will increase public safety and, over time, will change people’s behavior.
Brennan agreed.
“Sometimes government does legislate common sense,” he said.
CORRECTION: The cellphone ban proposal next goes to the House floor — not House Judiciary — as originally reported.
