Drivers answering call to hands-free phones

There was a time not that long ago when Sonoma County CHP Officer Barbara Upham did not have to search hard for a driver chatting away on a cell phone.

"To be honest, it was rare to see someone not on the phone," she said.

But patrolling Highway 101 and River Road on Wednesday in her black-and-white cruiser, Upham failed to spot a single person with a cell phone attached to their ear.

Three weeks after the state's new hands-free law went into effect July 1, Upham said she's noticing far fewer motorists clutching their phones.

"We're seeing compliance, for the most part," she said.

Granted, people tend to be on their best behavior when they spot the CHP. But anecdotal evidence suggests that California motorists have, to a large degree, gotten the message.

As of Tuesday, the CHP had cited 4,445 California motorists for violating the new law, which prohibits talking on a cell phone unless drivers are using a hands-free device.

In the Sonoma County region, 79 citations were handed out by the CHP to drivers on local highways and on roads in the county's unincorporated areas.

Petaluma police have issued 17 citations so far, according to Lt. Joe Edwards, who considered those numbers a sign that people seem to be obeying the law.

Data for other cities were unavailable Wednesday.

More telling is the fact that not a single person under 18 has been cited in Sonoma County by the CHP in the three weeks since the law took effect. Drivers under 18 are prohibited from using even hands-free cell phones while driving.

Statewide, 43 motorists under 18 have been cited under the new law.

"The feedback I've gotten from CHP and local law enforcement is that they've been a little surprised by the level of compliance," said state Sen. Joe Simitian, D-Palo Alto, who wrote the hands-free law.

One reason could be the relatively long period leading up to the enforcement of the law. The measure was adopted by the Legislature in October 2006 but not enforced until July.

"I think people had plenty of time to know this was coming and to prepare for the transition," Simitian said.

The goal of the new law is to cut down on distractions for motorists so that they can concentrate better on the task at hand.

There is still debate whether the law ever will lead to safer motoring, however. Some studies suggest that people are just as distracted, if not more, by using hands-free devices than if they were clutching the phone to their ear.

Simitian, however, said his research suggests that as many as 900 lives will be saved annually in California as a result of the ban on using hand-held devices.

Faced with fines that start at $93 in Sonoma County, many motorists are apparently turning to alternative ways of conversing, or choosing to wait until they've stopped before making or returning a call.

Several motorists on Wednesday were seen talking into hands-free devices, which fit into the ear and can be dialed by voice command.

Hands-free means drivers who have a conversation on the phone must do so without holding a cell phone. This means they can't hold the phone to their ear or even have it in their hands once the conversation starts.

The exception is for emergencies.

The hands-free law is considered a "secondary violation" for motorists under 18. This means that a 17-year-old who is pulled over for speeding can face additional fines if it is determined they were talking on a cell phone, including via a Bluetooth device.

This may explain the low number of citations issued to minors for hands-free violations, Simitian said. But he's also heard from parents who say they are using the law to convince their kids not to talk and drive.

"Now they can say 'it's the law,' " he said. "I have a lot of parents who tell me that they find it a useful tool."

A similar law that went into effect in Washington at the same time made the cell phone ban a secondary violation for all drivers regardless of their age. In Washington, state troopers have issued about 115 citations so far.

Simitian has introduced legislation in California that would prohibit drivers from using cell phones to send text messages.

When he first introduced the hands-free bill in 2001, texting had yet to become the popular activity that it is now. Today, however, many consider the ability to text but not talk on a cell phone a glaring loophole in the legislation.

One man Wednesday appeared to be texting while driving a work truck on Highway 101.

Driving past, Upham noted that officers can stop motorists who appear distracted, whether as a result of texting or something else.

"It's a priority for us," she said of efforts to curb distractions. "We know that you are four times more likely to get into a collision if you are talking on a cell phone."

You can reach Staff Writer Derek J. Moore at 521-5336 or derek.moore@pressdemocrat.

com.