WASHINGTON STATE – Put a cell phone to your ear while driving in Washington and you can get a $124 fine, beginning July 1. Use of a headset or speaker-phone system is not against the law, however Washington State Patrol Chief John R. Batiste says, “When you’re driving you need to be driving. We’d prefer that drivers didn’t talk on their cell phones at all. But if you must, please stay safe by using a headset or speaker-phone.”

The law applies only to drivers, not passengers. There is also an exemption for drivers calling 911 to report a highway emergency. CB radios or other communications devices that are not held up to the ear are also exempt. “The key is whether the device is held up to the ear,” Batiste said. “That’s what our troopers will be watching for.”

Failure to use a headset or speaker-phone is considered a secondary violation, which means troopers cannot stop a motorist for that alone. But troopers will not hesitate to cite if they first see some other violation such as weaving across lanes.

The hands-free requirement was passed in the 2007 legislative session with State Sen. Tracey J. Eide (D-Federal Way) as the prime sponsor. “If you are wondering why we need this law, all you need to do is look around,” Eide said. “We’ve all seen drivers put others at serious risk while deeply engaged in a cell phone conversation.”

Statistics on cell phone involvement in collisions are difficult to gather. They require a driver who’s been in a collision to admit they were on the phone, something WSP considers unlikely. In 2006, nearly 210,000 drivers were involved in collisions. Only about 1,300 admitted talking on a phone at the time. 

“We know there is gross under-reporting of cell phones as contributing factors in collisions,” Eide said. “We had to take action based on what we were seeing with our own eyes.” Although troopers always have discretion on whether to issue warnings or citations, there is no official grace period planned by WSP. The requirements have been well-publicized and are easy to meet.

Four years ago a driver of a SUV was engrossed in conversation on a cell phone while traveling south on Highway 103 in the Klipsan Beach area according to several witnesses. The driver recognized too late that a car in front of her was waiting to make a left-hand turn. The SUV driver swerved at the last minute, clipping the rear of the much lower passenger car. The SUV then rolled on its side, just scraping a power pole.

Luckily there were no significant injuries or fatalities, although both vehicles were totaled and a fence was partially wiped out. The roadway was dry, the sun was out and the highway was straight for miles in the vicinity of the accident. Witnesses did report to the WSP trooper on scene that cell phone usage and inattention were the probable cause of the mishap.

WSP trooper Freddy Williams says, “A couple of weekends ago my lovely wife Robin and I were at the corner of Bolstad and Highway 103. As 10 cars passed by the drivers of seven of those cars were talking on cell phones.” He adds, “There is a problem with attempting to multi-task too many major functions at the same time. Would you want a doctor doing brain surgery on you while talking to his wife about what they are going to have for dinner? I agree that driving is not brain surgery but, we do need to be paying attention when we are driving.”

Cell phone providers can be of service in providing the necessary hands-free equipment to follow the new law.