House vote bans cell phones when behind wheel

LYNN – If you’re driving in Massachusetts and can’t communicate on a cell phone without using your hands, better pull over to the side of the road. Otherwise, you may be slapped with a ticket.The state House of Representatives voted 107-47 Wednesday in favor of a bill that bans drivers from talking or text-messaging on cell phones while behind the wheel.The bill must go before the Senate for a vote and obtain the governor’s signature before it came become law.The legislation authorizes police to pull over drivers they see talking on cell phones or sending text messages. Adult offenders would be subject to a $100 fine on the first offense. Hands-free headsets would be exempt. The House version of the bill contains a provision that also prohibits use of TV monitors that are visible to the driver, said Rep. Mark Falzone, a Saugus Democrat who voted in favor.Although the bill contains a provision for insurance surcharges, they would not be applied until July 1, 2009. The law would impose on adults $250 fines for a second offense and $500 for any subsequent offenses. Those with junior operator licenses would face fines and a license suspension.”Even if this becomes law, we won’t immediately know the impact. We won’t even know if there will actually be a surcharge,” said Lynn insurance broker Albert DiVirglio Sr.Due to insurance industry reforms enacted in Massachusetts, insurance companies as of April 1, 2008 can waive certain surcharges.”It isn’t necessarily across the board any more,” said DiVirgilio. “Some companies might decide not to impose a surcharge for first-time offenders caught talking on their phones while driving.”While insurance companies may be willing to forego a surcharge, the final decision on whether to allow a waiver rests with the state insurance commissioner.”If the commissioner doesn’t approve the waiver, that’s the end of it,” DiVirgilio said. “For now, it’s wait and see. With all the changes that are taking place, there are some real gray areas. If auto insurance reform doesn’t work out and the Legislature changes it back to the way it was, the cell phone ban could prove a costly thing for some people.”Without a surcharge waiver, the cell phone ban could quickly drive up policy costs, in some instances to unaffordable levels, forcing those people to drive without insurance, he said.”Most people have a finite income. There are only so many dollars to go around. After paying for food and gas and electric, they might not be able to afford an additional surcharge tacked on to their insurance policy for five years,” DiVirgilio said. “That’s why I think it’s a good idea to warn people the first time. If it’s a second offense, they might get a ticket and that would probably mean a surcharge. Or, as another option, they might get their license suspended for a week or a month.”Rep. Robert Fennell, vice chairman of the House Committee on Transportation, said junior drivers would not be allowed to use cell phones while operating a motor vehicle even if equipped with hands-free devices or those with Bluetooth technology.”At this point, we took the surcharges out until 2009 to give us more time to look at the outcome,” said Fennell, a Lynn Democrat. “If we keep the surcharge and you obey the law, you won’t have to worry about getting one. But if you just have to pay a fine, people might take it less seriously, and this is not a joke. That’s why there’s a surcharge.”The debate over cell phone use in automobiles has been going on for 10 years, he said, noting California, New Jersey, New York, Connecticut and Washington prohibit hand-held cell phone use while driving. In California and Maine, junior operators are banned from using any kind of cell phone while driving.Fennell said many drivers have turned their automobiles into living rooms, with television monitors, portable DVD players, recorded music sound systems, radios, and cell phones capable of communicating by voice, text and the Internet. “These activities tend to