Panel kills cell phone measure Lawmaker: Voters should decide issue

AUGUSTA – In the aftermath of a unanimous committee vote to kill a bill restricting cell phone use and another near-unanimous decision against a similar measure, Rep. Gerald N. Bouffard will attempt to convince his seatmates that moving cars are no place for hand-held cell phones.

The Lewiston Democrat said Thursday he plans to amend his bill from the floor of the House in an effort to send the issue of hand-held cell phones behind the wheel to statewide referendum.

“It is time for the people to have a vote,” he said. “A recent poll showed that 76 percent of people favor [the bill]. Does the public know something that we don’t know?”

On Wednesday, the Legislature’s Transportation Committee voted unanimously to kill a bill sponsored by Rep. Joseph E. Brooks, D-Winterport, which would have banned motorists’ use of a variety of hand-held devices, including cell phones, dictaphones and citizen band radios.

The committee then moved on Bouffard’s bill, which would only ban hand-held cellular phones. Bouffard, a member of the committee, voted in favor of his bill and gave the measure the single vote it needed to be able to reach the House floor for debate. The 10-1 committee vote does not deter Bouffard, who only picked up 26 votes when he attempted to pass similar legislation in the House two years ago. He hopes legislators will give his bill a warmer reception this time.

“Why must we always wait for statistics to pile up before we act?” he asked. “I just learned a man in Portland lost his wife when she died in an accident while using a cell phone. When will we act?”

Brooks plans now to support Bouffard. But he pulled no punches Thursday in his assessment of the committee members who killed his bill. He characterized those lawmakers as “gutless” for not taking on the issue of highway accidents that occur when drivers are preoccupied on their cell phones.

“I’m really disappointed,” he said. “I thought they would take a stronger action and put something in statute. They also missed the point. I didn’t want to ban cell phones, I just didn’t want to see them used as a hand-held device.”

There are various devices and attachments on the market that provide for the hands-free use of cell phones.

During a public hearing last week before the Transportation Committee, representatives of Maine’s cellular phone industry were outnumbered in their opposition to the bills by amateur or “ham” radio enthusiasts who saw the legislation as a major infringement on their hobby. Despite arguments that cell phones and other electronic devices that can be used in motor vehicles continue to contribute to accident rates, the committee was unable to verify those allegations because the Maine Department of Public Safety does not record that specific data. While the committee was not supportive of either bill, the panel did draft a letter asking the state police to document when cell phones or other such items contribute to driver inattention that results in an accident.

“Why wait till we collect the data?” asked Brooks. “That’s typical of an awful lot of us legislators who just don’t seem to want to stand up, step up out of the box and say, ‘No, this is a safety issue.’ Let’s start right now by inserting some safety into driving.”