Lawmakers weighing fine for drivers caught talking, texting on cell phones

CHARLESTON -- Drivers could be fined by police for using a cell phone unless they talk on a hands-free device under a bill that was passed in the House of Delegates on Wednesday.

House Bill 4047 was sent to the Senate for consideration after a vote of 56-42.

The bill aims to prohibit the use of cell phones and text-messaging devices while operating a vehicle except when using a hands-free device or in the case of an emergency.

Drivers could be fined $25, but only if they are pulled over for another driving infraction. It was noted during the House floor session that 18 other states and 40 countries have a limit or ban on use of cell phones while driving.

The bill offers exemptions to agencies that need cell phones in emergency situations, including police officers, emergency services providers and public safety organizations. Drivers are only allowed to use their cell phones while driving during emergency situations. Cell phones can be used, however, when the car is parked.

Though the bill stipulates that cell phones cannot be used while driving, drivers can be exempt from fines if they use a number of devices that allow for hands-free communication. The devices include voice radios, mobile radios and land mobile radios.

Under debate during the session was the use of cell phones that have a "push to talk" or "press to transmit" function.

Bill sponsor Delegate Carrie Webster, D-Kanawha, explained that speaker phones, cell phones that allow users to operate hands-free but needs to be activated or initiated by hand, can be used while driving.

Webster said the bill has the potential to save lives and make West Virginia roads safer.

"You are not only endangering yourself but also endangering others," she said of people who talk on cell phones while driving.

Delegate Kelli Sobonya, R-Cabell, requested clarification of the bill in terms of the use of a cell phone while driving being considered reckless driving. Webster said the penalty of driving and using a cell phone is limited to a fine and drivers do not receive points on their driver's license.