Drivers beware — if Marl-boro Township Council members have their way, it may soon be illegal to use a hand-held cellular telephone while driving in Marlboro.
That’s the course of action being advocated by a majority of municipal officials following the introduction of a proposed ordinance Thursday which would prohibit certain types of mobile telephone use in the township.
According to council Vice President Barry Denkensohn, the governing body is taking steps to safeguard residents against possible injury or death resulting from motor vehicle accidents which may be precipitated by drivers using cell phones on township roads.
"I recently learned of the tragic loss of a young child, Morgan Lee Pena, in Pennsyl-vania, who was killed in an automobile accident when a car driven by her mother, Patti, was broadsided by a driver in another vehicle who was using a cellular telephone," Denkensohn said. "I learned of the mother’s crusade, through a Web site in memory of her daughter, to initiate federal, state and municipal legislation banning the use of cell phones while driving a motor vehicle."
Denkensohn said he believes it is obvious that people who drive a car while using a cell phone may become distracted and thus are more likely to be involved in an accident. Resear-ching data provided by the New England Journal of Medicine, he learned that the risk of having a traffic accident while using a cellular phone is the same as that while driving drunk.
"The same report indicated that cell phone users are 400 to 500 percent more likely to get into traffic accidents than those people who do not use them," Denkensohn said. "What really surprised me was the information revealing a lack of legislation on this issue."
Further research revealed that 14 countries have banned the use of cell phones while a motor vehicle is in motion, Denken-sohn said. However, only one town in the United States — Brooklyn, Ohio — had enacted similar legislation regulating mobile phone use in motor vehicles. Following Pena’s crusade, three Pennsylvania municipalities have enacted similar legislation.
According to Denkensohn, there are 22 states, including New Jersey, that have proposed legislation regulating cell phone use in motor vehicles. None of that legislation has been approved to date.
"There were bills sponsored in both houses of the New Jersey legislature in 1999, which were reintroduced in 2000, on this matter," he said. "The bills have been stalled in the transportation committee and are not expected to be approved this year."
Denkensohn related his research efforts during a council workshop meeting on June 8, at which time council members expressed interest in introducing an ordinance banning the hand held use of cell phones at a municipal level.
On Thursday, council members voted 4 to 1 to introduce the proposed ordinance and scheduled a public hearing on July 13.
Councilman Dr. Paul Kovalski cast the lone dissenting vote.
"I have also conducted my own research, and while I understand Mr. Denkensohn’s concerns, I can’t in good conscience support the introduction of this ordinance as presented this evening," Kovalski said. "I have questions and concerns, similar to those addressed to me by some residents, on how this ordinance is structured and how it can be enforced."
According to Kovalski, the ordinance may be difficult to enforce, especially for out-of-town motorists who may be unaware of Marlboro’s restrictions on cell phone use, if such a law is enacted.
"This is a problem that may best be addressed at the state level, for uniformity, to be properly enforced and effective between municipalities," Kovalski said.
""With all due respect to my colleague, I don’t want to wait for state legislation to be enacted," Denkensohn responded. "Marlboro can take a leadership role on this initiative to safeguard the lives of our residents and travelers in our township."
According to township officials, if Marlboro enacts the ordinance it must then be approved by the state Department of Transportation before it can take effect.
"I support Marlboro in its effort to protect the citizens and take a stand on this issue," said Township Attorney state Sen. John O. Bennett III. "Car phones have become such a reality — and many people even consider them a necessity at this point — that it would be unlikely that the legislature would vote to ban them in automobiles."
Under the terms of the proposed ordinance, only law enforcement, public safety, emergency management officials, first aid and fire safety officials and personnel would be permitted to use mobile phones while in transit in motor vehicles. All other individuals would be permitted to use mobile phones while parked on public or private property or if using a "hands free device" which allows the operator to maintain both hands on the vehicle while using a mobile phone.
Should the council adopt the ordinance and receive DOT approval to enforce it, a person found guilty of violating it would be subject to a fine not to exceed $250.
"I’m dedicating this ordinance in memory of Shawn Kulczycki, a 19-year-old Monroe Township man who tragically lost his life in 1998 when he was killed by a motorist using a cell phone," Denkensohn said prior to the vote to introduce the ordinance. "My heart goes out to his mother, Lynn, who is with us tonight and to his family. We want to prevent this type of loss from ever occurring again by taking the lead with this ordinance, which hopefully will cause other towns to follow suit."
A public hearing is scheduled for 8 p.m. July 13 at town hall.

