Published: March 09, 2008 09:38 pm         

Senator wants another look at dead cell phone bill

CHARLESTON — Chatting away on cell phones in traffic remains legal in West Virginia, but a legislative leader wants to look at a proposed ban that failed in the waning moments of the session.

With only three hours left, Senate Judiciary Chairman Jeffrey Kes-sler, D-Marshall, decided to let the issue die in his panel, suggesting it wasn’t popular enough to get a rules suspension needed to put it on the board for a vote.

The measure had only left the Senate Transportation and Infrastructure committee a short time earlier, amended by Sen. Evan Jen-kins, D-Cabell, so no government worker is exempt, save for police officers and other first-responders.

“Being only a secondary offense, I’m not sure it’s something that’s absolutely urgent that we pass this session,” Kessler explained. “We’ll take a look at it maybe next year and have the Senate take it up first.”

Delegate Nancy Guth-rie, D-Kanawha, originated the proposal, initially seeking a primary offense so that a traffic cop needn’t have any other reason, such as speeding, to pull a motorist over and write out a ticket for using a hand-held phone, or engaging in text messaging.

But her fellow delegates relegated it to the level of a secondary offense, such as the seatbelt law, which is unenforceable until another traffic violation has occurred.

“I know it’s a distraction,” Kessler said, pointing to a recent Associated Press story likening the use of phones in traffic as a distraction on par with driving under the influence.

“So, it’s something we ought to take a look at,” he said. “I think we could do something with requiring hands-free devices. But it’s (cell phone usage) probably no more distracting than driving down the street eating a Big Mac or something. People do that all the time.”

Kessler prefers the secondary offense approach.

“So you’re not watching for the hamburger police out there, watching people drinking a Coke or a Pepsi, or eating a cheese cracker get arrested.”

Guthrie’s bill would have allowed some exceptions, such as coming upon an obstruction in the road, or a recent accident, or sensing an imminent assault or other crime against the driver or passengers.

Kessler feels there is likely a simple solution to the issue.

“Give them an earpiece and require that earpiece,” he said. “That’s probably the best way to go.”

— E-mail: mannix@register-herald.com