December 6, 2007
Use of Cell Phones While Driving Legal in Nevada

By Dave Maxwell

In many states it is illegal to use a cellular phone when holding the device to the ear while driving, but the practice is allowed in Nevada. However, the danger that presents can be deadly, not only to the driver but also to other motorists, pedestrians or cyclists. In 2006, for example, a 12-year-old boy in Fallon, Nevada riding a bicycle was struck and killed by a man who is accused of dialing a cell phone while driving.

Cities such as Chicago and Santa Fe, New Mexico, require hands-free devices in automobiles when using cell phones. But eight states - Florida, Kentucky, Louisiana, Mississippi, Nevada, New York, Oklahoma and Oregon - restrict local governments from limiting cell phone use in vehicles, according to the National Conference of State Legislatures. In Arizona, a recent law prohibiting drivers from text messaging was instituted.

Researchers have tried to figure out the possible risks of driving and dialing. A study by the British Medical Journal in July found drivers using cell phones were four times more likely to get into a crash that could cause injuries serious enough to land them in the hospital compared to non-users.

Lincoln County Sheriff Kerry Lee said a driver committing a traffic violation will receive a citation, but added that it does not matter whether or not the driver is using a cell phone. “If they got into an accident we could cite them for inattentive driving, but for right now there’s really nothing that we can do as far as a person talking on their cell phone and driving. When that changes, then it would be a citable offense.”

“We’ve already had accidents that we feel come from inattentive drivers,” Lee said. “We had a rollover not too long ago that was because of an inattentive driver. There were only slight injuries, but still, there’s no doubt about it, they’re occurring.” Until the State of Nevada changes the law, a motorist following all the rules of the road, even while using a cell phone, will not be pulled over or cited.

Lee feels, as do other Sheriff Departments in the state, the pattern of the vehicle, rather than the driver, is what is being looked at. They are not ignoring the driver, but watching the car closely.

Use of cell phones in accidents is treated similarly to a person who is involved in an accident because of snow or ice on the road, car versus deer, or a driver who crashes after leaning down to pick something up off of the floor. “It’s hard enough to avoid all those things when you’re not talking on the cell phone,” he said. “Being on the cell phone at such times only magnifies the danger.”