MARBLEHEAD – Article 38, a proposed bylaw making it illegal to use a cell phone while driving, may not be proper – but that doesn?t mean it isn?t popular.Sponsor Jonathan Magee, a former School Committee member and chairman, said Sunday he has spoken with a lot of people about his idea since the Finance Committee told him that cell phones are regulated by the state and federal government, not local communities.?Everyone thinks it?s a good idea,” he said.?Some of the town fathers didn?t want to see how far we could take this thing,” Magee said.In response he has come up with a backup plan. With the help of Assistant Finance Director Bob Ross, he is preparing a symbolic amendment to his article, which would have Town Meeting ask Town Clerk Robin Michaud to send certified letters to state Rep. Lori Ehrlich, D-Marblehead, and state Sen. Thomas McGee, D-Lynn.?The letters will ask them to push as hard as they can to influence their colleagues to pass legislation on this issue,” Magee said.He?s hoping the vote on his amendment will be unanimous.?Having a law like that on the books is a very important safety factor,” he said, noting that national studies support a ban on cell phone use by drivers.Since the March 28 Finance Committee meeting, he has been in touch with Sen. McGee and Rep. Ehrlich, who said they support his efforts, and learned that current legislation before the House could ban the use of cell phones and other wireless devices while driving.Magee also contacted the office of U.S. Rep. John Tierney, D-Salem, and learned that there are two bills in Congress that address this issue. Both call on states to pass legislation banning the use of cell phones. “One promises additional state aid to states that pass such a law, and the other threatens to withhold state aid from states that don?t,” he said.