How legislatures feel about the issue

Matt Sundeen
Program Principal, Transportation
National Conference of State Legislatures
7700 East First Place
Denver, CO 80230
Phone: (303) 364-7700, ext. 1539
Fax: (303) 364-7800
matt.sundeen@ncsl.org

interviewed August 29, 2007 by Whitney Coleman

How legislatures feel about the issue

Matt Sundeen works with the transportation program at the National Conference of State Legislatures, a bipartisan organization that provides information to legislatures about issues that are important to various states. He said driving while using cell phones has grown as an issue with legislatures over the past five years.
“10 to 15 years ago very few people had cell phones, so we didn’t have much legislation on this topic,” Sundeen said. “We’ve seen a real growth in the technology available to people and corresponding legislation.”
In the 2006 State Legislative Update on Cell Phones and Highway Safety, Sundeen cites a 2007 survey from Nationwide Insurance that estimated that 73 percent of drivers use cell phones. Sundeen said that legislatures, like anyone else, appreciate the value of using a cell phone while driving and recognize its increasing risks. He said they are also waiting on a consensus on the issue amongst law officials and experts, because, unlike drunk driving, cell phones can serve a purpose.
“They are reluctant to take away what’s valuable to people when they don’t have data to support it yet. I think everyone agrees that cell phones are distracting, but do they agree that they’re distracting enough to warrant legislation?” Sundeen said.
Sundeen said an incident or an obvious increased risk may be necessary to warrant harsh legislation against cell phones while driving. But for now, legislatures, like anyone else, witness how drivers perform while on their cell phones and may soon react to their observations.
He said nine states have passed new laws regarding driver distractions, seven of which were specific to cell phones, since he compiled this report last year. The closest Oklahoma has come to legislation was a bill presented by Senator Constance Johnson that would have prohibited cell phones while driving.
Clearly it’s an issue that’s here to stay,” Sundeen said. “It’s difficult to predict how many states will pass laws prohibiting the use of cell phones, but certainly we will see a lot of legislation considered over the next couple of years.”

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