Governor Markell signs legislation restricting drivers’ cell phone use

WILMINGTON – Delaware became just the eighth state to restrict cell phone use while driving on Tuesday, when Governor Jack Markell signed legislation requiring motorists to use a hands-free device while driving.

Sponsored by Rep. Darryl M. Scott, House Substitute 1 for House Bill 229 goes into effect 180 days from signature – January 2, 2011. The comprehensive statewide restriction requires drivers to use a hands-free device to talk while driving and also prohibits text messaging, sending or reading e-mails or browsing websites while the vehicle is in motion. Delaware also becomes the 30th state to prohibit texting while driving with the signing of this law.

“This new law is about improving safety for everyone who shares the road. We hope we can reduce the number of drivers who text and e-mail while driving, and therefore, reduce the number of distraction-related crashes. Just as we’re keeping our focus as a state on creating more jobs, we want drivers keeping their focus on the road,” Governor Markell said.

The bill allows a driver to use a headset, speakerphone or other hands-free device to talk on a cell phone while driving. It also permits a driver to punch in a number or activate the hands-free device, but the driver must then put the phone down while talking. Rep. Scott said that the new law takes the phone out of the driver’s hands, eliminating a major distraction.

“Cell phones are a wonderful and convenient tool, but when used while driving, they present a persistent distraction. Removing the device from the driver’s hand returns the hand to the wheel and the driver’s attention to the roadways,” said Rep. Scott, D-Dover. “This is an important first step in making our roads safer. Putting restrictions in place that will reduce cell phone usage while driving helps curb distracted driving.”

The bill was sponsored in the Senate by Sen. Brian J. Bushweller and Sen. Karen E. Peterson.

“Some people objected to it saying: ‘Well, people do lots things in the car that are distracting. They listen to the radio; they talk to passengers; they eat,’ ” said Sen. Peterson, D-Stanton, the bill’s chief Senate sponsor. “But I’ve never almost been run over by someone eating a Big Mac, but I have been almost hit a dozen times in the past year by someone talking on a cell phone.”

Sen. Bushweller, who ...