Drivers’ use of handheld cell phones before and after New York State’s cell phone law

Abstract

Background

In response to public concern about driver distraction from cellular telephones, New York became the first state to ban handheld cell phone use while driving. The law, accompanied by considerable publicity, included a warning phase (November 2001), after which violators could be fined. Until March 2002, fines could be waived if motorists provided proof of purchase of hands-free accessories.

Methods

Daytime cell phone use among passenger vehicle drivers was observed at controlled intersections 1 month before the law’s implementation, after fines could be issued (December 2001), and after waivers were not allowed (March 2002). Use was observed for 37,462 vehicles in four New York communities and 21,315 vehicles in two central Connecticut communities. Driver gender, estimated age, and vehicle type were recorded for cell phone users and a sample of passing motorists.

Results

The use rate in New York declined significantly from 2.3% before the law to 1.1% after the law (P < 0.05). Use rates in Connecticut, an adjacent state without a law, did not change. In both states, use was higher among drivers of sport utility vehicles (P < 0.05) and minimal among drivers ages 60 or older. In New York, observed use declined among drivers younger than 60, male and female drivers, and all vehicle types.

Conclusions

A well-publicized law restricting drivers’ use of handheld cell phones had a strong effect on behavior. Whether compliance will remain high is unknown.

Introduction

As the frequency of talking on a cellular telephone (hereafter referred to as “cell phone”) has increased, there has been growing public concern about the crash risks that may be associated with driving while talking on a cell phone. An estimated 137 million persons currently subscribe to cell phone service in the United States [1]. Several recent U.S. studies have attempted to estimate the prevalence of cell phone use while driving. The 2000 Motor Vehicle Occupant Safety Survey, a telephone survey conducted periodically by the National Highway Traffic Safety Administration (NHTSA), reported that 54% of drivers usually had some type of cell phone in their vehicle, of whom 73% said that they use their phone while driving [2].

NHTSA has estimated that 3% of U.S. drivers of passenger vehicles at any given time during daylight hours are talking on a handheld cell phone [2]. This estimate was based on observations of motorists stopped at intersections, conducted as part of the Controlled Intersection Study of the 2000 National Occupant Protection Use Survey. A 2001 observational study in Washington State [3], using a probability-based statewide sample of all types of roadway segments, estimated that at any given time during daylight hours, 3.5% of drivers were using a handheld cell phone. North Carolina researchers observed about a 3% handheld use rate, which varied among the different regions of the state [4]. A 2000 observational study [5] conducted on Dallas County, Texas, highways during the weekday afternoon rush hour found a handheld cell phone use rate of 5%.

The risks related to cell phone use while driving are not yet fully understood, including the number of crashes in which cell phones are a contributing factor; whether risk is primarily related to the physical problem of maneuvering a vehicle while dialing or holding the equipment, or to the conversation itself; and whether phones are a greater or lesser problem than other potential distractions in the driving environment. An abundance of studies based on driving simulators, test tracks, or instrumented vehicles indicate that extraneous activities, including the use of cell phones, carried out while driving can impair driving performance [6], although these research methods do not necessarily reflect real-world driving or crash experience. Three epidemiologic studies in Canada reported increased crash involvements in relation to cell phone use, although they differed in the magnitude of the reported increase in risk [7], [8], [9]. A Japanese study suggests that risk is especially high when answering the telephone or dialing while driving [10].

Opinions vary about the relative hazards associated with using hands-free technology, like speakerphones or earpiece attachments, compared with handheld devices. Some simulator and test track studies have reported that hands-free devices also can impair performance significantly [11], [12], [13], [14], [15]. According to Strayer and Johnston [15], hands-free and handheld phones resulted in equal impairment in simulators, and both created higher levels of driver distraction than listening to the radio or audio books. Other researchers reported somewhat greater impairment from the use of handheld phones compared with hands-free phones, based on simulator data [16], [17]. None of the epidemiologic studies examining this question had sufficient numbers of hands-free cell phone users to draw definitive conclusions [7], [8].

At least 25 countries restrict or prohibit the use of cell phones while driving, and almost all U.S. states have considered legislation that would limit drivers’ use of cell phones [18]. On June 26, 2001, New York became the first state to enact a statewide law that bans talking on a handheld cell phone while driving. The enactment of the New York ban was fueled partly by the passage of local bans in the downstate counties of Nassau, Suffolk, and Westchester, and partly by widespread public support for a state law. A poll conducted in March 2001 indicated that 87% of New York voters favored a ban on drivers’ use of handheld cell phones [19].

New York’s law was implemented on November 1, 2001. The law makes it a traffic violation, punishable by a fine of $100, for a driver to hold a cell phone to or near the ear while the vehicle is in motion, unless the driver is calling for help or reporting a dangerous situation [20]. The law does not apply to driving while talking on a telephone with a hands-free device, nor does it prohibit manual dialing or using a handheld phone when the vehicle is stopped, such as at a stop light. Under a phased-in approach, violators received only verbal warnings from law enforcement officers during November 2001, the first month after the law took effect. From December 1 through February 28, 2002, citations could be issued, but judges could waive fines for the first offense if a driver provided proof of purchase of a headset or speakerphone. As of March 1, 2002, fines were no longer waived. In this article, the period from December 1 to February 28 is referred to as the “fine with waiver” phase. The period March 1 and later is referred to as the “fine without waiver” phase.

In the public debate concerning how to address the relatively new hazard posed by using cell phones while driving, one important question is whether drivers will comply with legislative restrictions on the use of handheld phones. The objective of this study was to measure any change in the use of handheld cell phones by New York State drivers before and after the implementation of the cell phone law. In addition, the rates of cell phone use were examined for driver gender, age, and vehicle type.