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01/29/2010 09:12 PM

Is the cell phone ban while driving working?

By: Britt Godshalk

Mixed reactions to a national study released this week regarding cell phone use while driving. Is the ban put in place years ago in New York working? Our Britt Godshalk has the story.

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SCHENECTADY, N.Y. -- "Any which way you put it, they're gonna use their phones," said Schenectady resident Rashawn Harris.

Dialing drivers do seem to be everywhere. Just spend 20 minutes on this street corner in Schenectady and you'll see it.

Since the law banning this went into effect, tickets for it have gone up 350 percent in the Capital Region alone.

"It's like fishing in a barrel," said Lt. Jason Temple, Schenectady Traffice Safety Board Chair.

A recent study by the Highway Loss Data Institute reports that while the law against this activity has reduced the number of drivers who do it, it hasn't reduced the number of crashes. Temple says that's no surprise.

"They're still distracted. It's the distraction that's causing the accident. It's not specifically cell phone use," Temple said.

To date, in New York, distracted driving affects one out of every five accidents. Temple wants to see a ban on all distracted driving, but admits it's unrealistic.

"Number one, it would be impossible to enforce," said Temple.

For example, is this guy on a hands free device? Or on his hand-held phone? Neither. He's singing.

So for now, Schenectady County's answer to the study is a month-long enforcement campaign next month, the fourth in two years, to ticket and educate about current law.

"The cell phone violations, if they increase the fines and increase the penalties, maybe that will increase awareness," Temple said.

While the New York State Department of Motor Vehicles agrees that more education is needed about the dangers of driving and dialing, state officials say the study is not data driven and they see the numbers differently.

"Considering the fact that since the cell phone law when into effect and our in last year traffic data that we've had a reduction of 25 percent personal injury and fatal crashes, we believe it's definitely a contributing factor to that," said NYS Department of Motor Vehicles Spokesman Ken Brown.

The state says that in 2008 New York had the lowest recorded fatality rate on its highways. Still, the study is getting a hard look.

"Our experts at the Governor's Traffic Safety Committee is studying it as we speak," Brown said.

As Temple keeps lookout on the road.