Legislator Would ban Cell Phone use by Drivers in Ark.

An Arkansas state senator wants the state to force drivers to hang up their cell phones while driving – or at least own a hands-free device that would allow them to do so.

Sen. Kim Hendren filed two competing proposals that he says are an effort to cut down on crashes caused by drivers using their cell phone.

One proposal would ban the use of cell phones while driving, unless the driver is using a hands-free device. Hendren, R-Gravette, also filed a second proposal that would only require chatty drivers to own a hands-free device.

Hendren said he also plans to file legislation this week that would ban drivers under 18 from using any type of cell phone while driving.

“We share the expenses of those roads and build them with our tax money,” Hendren said. “Anything I can do to make someone more safe based on my actions is the responsible thing to do.”

Hendren said he offered the different proposals because he didn’t know if there was enough support for a stricter ban on cell phones in cars.

Under the proposal requiring use of a hands-free device, first time offenders will be issued a citation and subsequent offenses would lead to a $50 fine.

The proposal would allow an exception for anyone contacting emergency officials such as police or fire, or anyone performing official duties such as an emergency of law enforcement officer.

The less stringent proposal would only require person using a cell phone while driving to have in their vehicle a hands-free device. That proposal does not specifically require the driver to use the device.

Under that proposal, first-time violators will be issued a citation and subsequent offense would lead to a $50 fine.

Last year, the Senate defeated a similar proposal by Hendren after some lawmakers questioned its effectiveness if it didn’t require the use of a hands-free device.

Arkansas State Police currently don’t keep track of how many times use of a cell phone was a contributing factor in an accident. State Police Spokesman Bill Sadler said a new form to be used by police in 2007 will include a line for troopers to enter whether a cell phone or other device was being used at the time of a crash.

“That’s the issue we’ve run into on this very matter,” Sadler said. “That question has come up before. We just don’t have the data to tell you how many crashes were contributed by the use of a cell phone.”