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Is that call worth $100?
(by Kathryn A. Burger - March 05, 2008)
Before taking a call on handheld cell phone while driving in
New Jersey , drivers need to decide if it’s worth risking a minimum fine of $100. The same holds true for text messaging.
Last Saturday a new law went into effect that makes talking on a cell phone while driving a primary offense. This new legislation, approved last November, supercedes the 2004 law that also banned hand-held phone use while driving but only as a secondary infraction. For the violation to be cited, drivers had to be stopped for another violation.
According to the Governors Highway Safety Association (GHSA),
New Jersey is fifth state to enact statewide cell phone laws prohibiting driving while talking on handheld cell phones. California, Connecticut, New York and Washington all have similar laws, as does the
District of Columbia . All, with exception of
Washington , make it a primary offense. Washington and New Jersey are the only states that ban text messaging but only
New Jersey has made it a primary offense. The GHSA expects other states to follow suit.
Local enforcement
The Park Ridge Police Department began enforcing the law on Saturday. “We are making the public aware that we are enforcing this law,” Chief Joseph Madden said. “There will be no warnings. Summonses will issued for first offenses.”
There are some exceptions. In a bulletin from the New Jersey Division of Highway Safety provided by Chief Madden, permitted circumstances include the driver having reason to fear for his/her life or safety, or if the driver believes that a criminal act may be perpetrated against them or another person. In addition, drivers who are contacting authorities to report a fire, traffic crash, and a number of other dangerous or emergency situations are exempt.
In Hillsdale, the department is approaching enforcement differently. Traffic Officer Tom Smith said when Chief Chip Stalter spoke to the department about the new law, he told the officers to use their own discretion on an incident-by-incident basis.
Smith said he expected officers would be issuing more verbal warnings initially, but they will also take into account the “totality” of the circumstances. “If a mother is driving her children to school, fixing her make-up and talking on a handheld cell phone, that would probably result in a summons because the person was not driving in a safe manner.” After a “learning curve” on the part of the public, officers will enforce the new law as a primary offense, he said.
“Chief Stalter also reminded us that we are part of the motoring public and must adhere to the same rules of the road. If we need to take a cell phone call, we have to pull over like everyone else,” Smith said.
Is it worth it?
According to the U.S. National Highway Traffic Safety Administration, it is estimated that 25 percent of all police-reported traffic accidents are accountable to driver distraction from all sources, including cell phones.
Although no points will be assessed in connection with violations of the law, drivers need to weigh the safety risks and the financial ones – each violation can bring a fine of up to $250.
Kathryn A. Burger's e-mail address is burger@northjersey.com.
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