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Vermont Legislature
Follow VPR's statehouse coverage, featuring Pete Hirschfeld and Bob Kinzel in our Statehouse Bureau in Montpelier.

Hand Held Cell Phone Ban Headed For Full House Vote

Despite the opposition of Governor Peter Shumlin, the House Transportation committee has given its unanimous approval to a bill that prohibits drivers from using any hand held electronic device.

Until recently, House Transportation chairman Pat Brennan was not a supporter of the approach but Brennan says he has come “full circle” on the issue and his personal experience is a major reason why.

"People just are oblivious to their surrounding when they are on the phone" House Transportation chairman Pat Brennan on the need to pass a ban on drivers using hand held electronic devices

“I do a lot of driving around the state - 20,000 or 30,000 miles a year - and I see a lot of instances out there that could be avoided,” said Brennan. “People just are oblivious to their surrounding when they’re on the phone,driving through work zones especially, are not aware of their surroundings ever now and then we have to legislate a little bit of common sense.”

Right now it’s illegal for any person to text while they drive, but drivers over 18 are allowed to use hand held cell phones. Brennan says this has put law enforcement officials in a difficult position because it’s hard for them to tell if the driver is texting, and that’s illegal, or using their phone, which is legal.

“I think the texting bill as it was written and as it was enforced is kind of an enforcement nightmare,” said Brennan. “Now when someone sees a cell phone in someone’s ear someone talking on it, then they know they’re breaking the law. It’s a little more clear that it is not acceptable.”

Gov. Peter Shumlin opposes the law because he says “you can’t legislate common sense.” Rob Ide is the commissioner of the Department of Motor Vehicles.

“He really does believe that it is hard as he says ‘to legislate bad behavior,” said Ide. “And this is an opportunity for people to make the right choice, make the safe choice, and the governor believes they are perfectly capable of making that choice.”

And Ide says the governor’s logic also applies to his opposition to the state’s motorcycle helmet law and a proposed primary enforcement seat belt law.

“The governor has already said publicly that he is not necessarily in favor of those laws,” said Ide. “As I said earlier, the governor has been very consistent on these matters of highway safety and his position hasn’t changed since he’s been in this building.”

The legislation has now won the strong approval of two House committees and it’s scheduled to be on the House floor for a vote by the end of the week.

Bob Kinzel has been covering the Vermont Statehouse since 1981 — longer than any continuously serving member of the Legislature. With his wealth of institutional knowledge, he answers your questions on our series, "Ask Bob."
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