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In the face of growing concerns of a correlation between auto accidents and cell phone use while driving, the Democratic Majority of the Nassau County Legislature introduced legislation last month that would ban the use of these phones while operating an automobile.

This legislation is very straightforward. It will be illegal to use a cell phone when driving an automobile on any public street or public highway within Nassau County. The law does allow for mobile phone use when a hands-free device is being utilized, or if a call is being made to contact an emergency number. Anyone cited for violating this law would be subject to a $150 fine.

That is what the law is all about. It is plain, it is simple, and we are confident that it will help save lives. Similar legislation has already been adopted by Suffolk and Rockland Counties, and is being considered by New York City and Westchester County. It is our hope that this will create a fluid and uniform mandate throughout the region. Despite the proposed law's practicality and seeming popularity, a small strain of opposition persists.

It has been argued, among other things, that a mobile phone ban will not be enforceable and is in fact already covered by legislation against reckless driving. My delegation and I feel that when a specific behavior is recognized as being hazardous it should be addressed independently. A law is needed because it underscores to the public exactly how dangerous and destructive this action can be.

It is important to note that this law is not entirely about inflicting punishment on its violators, but in creating a greater awareness for safer and more responsible driving habits. State legislation requiring the use of seatbelts has a similar goal, and has been successful in promoting their use.

Others have argued that there is a lack of evidence indicating that a connection exists between using a mobile phone while driving and the increased likelihood of having an accident. Anyone who has ever used a cell phone while driving must admit to a certain level of distraction, and whenever your are not giving you total attention to the task of driving then you are increasing your risk for an accident.

It is important to note that most people who use their mobile phones do so in an appropriate fashion, either by pulling to the side of the road or by using a hands free device. This legislation is not intended to infringe on anyone's personal freedoms, nor is it an example of excessive government. We are legislating because there are people out there who do not take personal responsibility for their own safety and that of others.

It is our hope that as the "mobile phone ban" is adopted by more and more municipalities across the state, legislators in Albany will take to the task of adopting a statewide measure.

My delegation and I are hopeful to have this piece of legislation through the committee process by the end of January, and ready to take effect on March 1, 2001. In the meantime, please be conscious of your surroundings when driving, it could save a life.


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