Compelled by increasing reports of roadway accidents and near-accidents attributed to the use of cellular phones, New York State Senator Michael Balboni has drafted legislation which would impose a statewide ban on driving while talking on a hand-held cell phone.

The legislation comes as numerous municipalities in New York State and nationwide are considering similar bans.

"Cell phones are a wonderful convenience and have, in fact, helped countless individuals in emergency situations," said Balboni. "But I share the growing concern about the dangers of mixing cell phones and driving. There are already enough distractions to contend with while driving including traffic congestion, potholes, inclement weather, radios and CD players, or children in the back seat, that we should try to limit as many distractions as possible in the interest of safety."

Senator Balboni's proposal would create a uniform statewide ban on driving while talking on a hand-held cell phone, except in case of an emergency. The bill, which would supersede all local ordinances, would require motorists to use a hands-free device. Those in violation would be subject to fines of $150 per infraction. Also being considered by Balboni and his colleagues is the launch of a public safety campaign stressing the dangers of hand-held phones, and a state income tax credit for drivers who invest in the hands-free cell phone technology.

Senator Balboni's legislation already has the support of Felix Ortiz, a Brooklyn assemblyman who has sponsored companion legislation in the State Assembly. Balboni has also met with wireless telephone industry executives in an effort to craft a bill that protects both the motoring public and business interests.

The call for a ban on cell phones while driving is supported by a 1997 study published in the New England Journal of Medicine, which found that driving while holding a cell phone quadrupled the risk of an accident.

"The bill is a common sense approach to roadway safety," said Balboni. "The increasing number of accidents attributed to cell phones are a grim reminder that we need to be more dilligent, cautious and focused when we get behind the wheel."

A proposition making it unlawful to operate a car while using a cell phone unless a headset is being used in Nassau County was introduced earlier this year by the Democratic Majority of the Nassau County Legislature. The proposition is in the committee process, according to a spokesperson for the Legislature's majority caucus.

If a statewide ban is ultimately signed into law by Governor George Pataki, there would be no need for a Nassau law as all motorists in New York state would be banned from using a hand-held cell phone while driving.