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Council: Hands on the Wheel, Not on the Phone

By Tammy Daniels - October 24, 2007

NORTH ADAMS - The City Council is backing efforts by state lawmakers to ban or regulate the use of cell phones while driving.

At Tuesday night's meeting, council members approved 6-2 a resolution supporting state Rep. Daniel E. Bosley, D-North Adams, and Sen. Benjamin B. Downing, D-Pittsfield, on passing legislation that would regulate cell-phone use. In approving it, the council noted that such legislation had a local impact on maintaining the health and safety of residents. Councilor Marie Harpin had raised the issue previously.

Brought forward by Harpin and President Gailanne Cariddi, the language of the resolution did give some councilors pause. In particular, they were concerned over the phrase restricting "all persons from operating a motor vehicle with anything on or in the vehicle which my interfere with or impede the proper operation of the vehicle, except the operation of a citizens band radio ..."

Councilor Richard J. Alcombright questioned the broad nature of the language, noting it could cover a fussy child - or eating cheeseburger.

"I'm a little concerned, too, but I understand that legislation at the State House is a process," said Cariddi, who took the wording from bills filed on Beacon Hill to formulate the resolution. "To me, that would read almost anything but I wanted to make that language aware to councilors so you would know the possibilities of the bills out there."

She said there are 10 bills currently in the State House - seven in the House and three in the Senate. The three bills from which the resolution was created are supported by Bosley, said Cariddi.

"I fully support this but that one sentence gives me pause. It will be interesting to see how this all plays out," said Alcombright. He said he supports regulation because of the deadly consequences of distracted drivers. He told his fellow councilors of a story he'd heard of a young girl killed in a motor vehicle accident while text messaging a friend. "They were able to time the end of the signal on her phone to the receipt of the message by her friend - the end of the signal was when she crashed."

Councilor Clark Billings wondered if the use of "mobile telephone" in the resolution fully covered the proliferation of handheld devices and the use of text messaging.

"Why would anybody write a letter to anybody else while driving a car?" he asked. "I'm not happy with the language but it shows I think our generic support. ... there's got to be somebody [at the State House] as sharp as we are in seeing the flaws in this particular language."

The bill language used in the resolution particularly notes junior operators may not use a cell phone and that adults can use "hands-free" mobile phone technology. Fines would be $100 to $250 based on offense and could include a year's suspension of license for junior operators or holders of learners' permits.

In a roll-call vote, Councilors Alan Marden and Christopher Tremblay voted naye. Councilors Harpin, Cariddi, Alcombright, Billings, Robert R. Moulton Jr. and Ron Boucher voted aye. Councilor Michael Bloom was not present.

Copies of the resolution were to be sent to Bosley and Downing as well as to several other legislators who had signed on to cell phone bills.

In other business, the council:

  ●Passed several amendments to the police compensation plan.

  ●Set the city election for Tuesday, Nov. 6, from 9 to 7. Polling places are at St. Anthony's Parish for Wards 2 and 5; Conte Middle School for Ward 1, Ashland Street Apartments for Ward 3 and Greylock Elementary School for Ward 4. City Clerk Marilyn Gomeau is in need of poll workers. Anyone interested in participating can call 662-3015 for more information.

Moulton urged citizens to get out and vote "because it's the right thing to do."
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