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Bill checks phone use

Legislation would make talking on cell phone while driving secondary offense

The Virginia Senate Courts of Justice Committee approved a bill last Monday that would illegalize talking on a cell phone while driving, except when the driver is using a 'hands-free' device.\nThe bill, sponsored by State Sen. Thomas Norment, R-James City, passed by a vote of 12-1.

State Sen. Creigh Deeds, D-Charlottesville, is a proponent of the legislation.

Talking on the phone is a recipe for distracted driving, Deeds said.

"I think it makes sense," Deeds said. "Distracted driving is a huge problem."

With respect to 'hands-free' devices, Deeds said there is some evidence suggesting that talking on the phone becomes an all-consuming act, particularly with young drivers.

Prof. Daniel Willingham of the University psychology department expressed similar concerns about cell phone use while driving.

"It definitely degrades performance in driving simulators," Willingham said, adding that one study showed a higher risk in using 'hands-free' devices compared to actually talking to a passengar in the car. He explained that people who talk on the phone while driving tend to imagine "where they are and what they're doing, and your brain is working harder to make sense of what [the other person is] saying because you can't see them."

Legislators in Washington, D.C. and Maryland already have taken action to curb such behavior, making driving while talking on a cell phone against the law.

"I think that people are influenced by what other states are doing, particularly areas that are close to us," Deeds said.

The bill is currently headed to the full Virginia Senate for consideration. The legislation is scheduled to take effect in July and would maintain that a citation can be issued only as a secondary offense, meaning that the motorist would have to be pulled to the side of the road for a separate reason to be issued a citation.

The bill, however, includes a provision that would make talking or texting while driving a vehicle a primary offense in 2012. The provision also would increase penalties from $20 to $100 for first-offense violations and $50 to $200 for subsequent offenses.

The legislation also exempts any emergency vehicles, drivers who use their phones in emergency situations and drivers who are lawfully parked or stopped.

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