By Doug Denison, Staff Writer, Dover Post

Tue Feb 09, 2010, 03:00 PM EST

Dover Democratic Rep. Darryl M. Scott plans to introduce a bill Feb. 18 that would ban the use of handheld cell phones while driving and prohibit motorists from using phone-based web browsers, text messaging and sending or reading emails on the road.Similar to rules in six states including New Jersey and New York, drivers only would be allowed to talk on their phones using hands-free devices like headsets or speakers.

Fines for breaking the rules would be pegged at $50 for a first offense and $100 to $200 for a second violation. The crime would be classified as a civil offense and would not include points or other penalties.

The bill is a substitute for Scott’s House Bill 229, which would have placed a total ban on cell phone use while driving.

Scott said he wants to work toward a full ban, but right now there’s not enough support for such a measure in the General Assembly.

“After getting [HB 229] out of committee and trying to get it to the floor, I basically found I did not have support for a complete ban on cell phones,” he said.

“Removing the handheld device, although not ideal, it does free up that other hand. We think that is good first step.”

The substitute legislation also includes exemptions for emergency personnel who use a phone in the course of their duties, as well as motorists who are calling to report accidents or other emergencies.

Twenty lawmakers have agreed to sign on as co-sponsors of Scott’s substitute bill, which he plans to submit on the House’s next pre-file day, Thursday, Feb. 18.

The list of co-sponsors includes Pike Creek Republican Rep. Joseph E. Miro, who has authored similar cell phone ban bills in the past.

Last spring, Miro moved a bill through the House that would have banned texting while driving, but that measure stalled in the Senate.

Miro said he’s happy to help Scott advance the issue.

“This is something that is very close to my heart, I think the objective is to make sure the roads are safer by eliminating the distraction,” he said. “I hope we can have a joint effort to pass the bill.”

Roadside assistance organization AAA also offered its support for Scott’s legislation, but said the hands-free caveat will negate any measurable increase in highway safety.

“We offer qualified support to the bill,” said AAA Mid-Atlantic spokeswoman Cathy Rossi. “AAA fully supports the ban on texting, and we support the other portions of the bill with the understanding that hands-free is not risk-free.”

Last month, AAA released the results of a study that concluded jurisdictions with hand-held cell phone bans showed no significant drop in vehicle crashes after the start of the ban.

It’s the act of carrying on a phone conversation, not holding the phone itself, which causes a distraction, Rossi said.

Miro and Scott said they’ve seen the AAA study, but think the legislation is a good way to advance the issue.

“I think it will help,” Miro said. “There may be some distraction that will remain, but the fact of the matter is, this will be a step in the right direction.”

Email Doug Denison at doug.denison@doverpost.com.