TThe Marlboro Township Council has successfully raised the consciousness of people across New Jersey by voting to regulate the use of cell phones while operating motor vehicles. While I agree with critics who argue that it would be best for the state to regulate cell phone use, unfortunately our state legislators are not up to the task.
The proposed ordinance states that the council believes that operation of vehicles when using a mobile telephone may cause the operator to maintain less than full-time attention to operating the vehicle.
To correct this, the ordinance prohibits the use — defined as dialing, answering, talking, or listening — of a mobile telephone unless the "operator maintains both hands on the applicable steering device."
While I understand the council’s intent, I do not think this language will hold up to legal challenges, since I can think of many examples when both hands are not maintained on the steering device. For example, drivers of standard shift vehicles cannot be expected to keep both hands on the steering wheel.
Similarly, sipping a soft drink, adjusting the radio/CD player, getting money ready for a toll, all require one hand off the wheel. And, I wonder if "cradling" a mobile telephone on one’s shoulder while keeping both hands on the wheel is going to be considered acceptable driving behavior if this ordinance is passed.
I would like to see the council give some additional thought to the language of the ordinance. Perhaps driving while using a mobile telephone could be prohibited unless the driver is using a mobile telephone with hands-free technology for dialing, answering, talking and listening.
From my perspective, the greatest distractions associated with mobile phone use while driving are dialing and answering.
Perhaps the council can find a way to get the wireless manufacturers and service providers to enhance the technology at an affordable cost to consumers, in return for a delay in the implementation of the ordinance.
Mark Orenzow
Marlboro