In N.H., live free, yap behind the wheel

Drivers in New Hampshire can still press a cellphone to their ears without worrying they will hear a police siren.

Though legislation to prohibit drivers from using hand-held cellphones has stalled this year, the rules of the road get tweaked all the time, and supporters say the idea will return, regardless of the right to personal freedoms espoused by the state's motto.

"It's 'Live Free or Die,' but I don't see anything that's taking freedom away," said State Representative Laura C. Pantelakos, a Portsmouth Democrat and prime sponsor of the bill, which would have required drivers to use a headset during cellphone calls. "A cellphone driver is as bad as an impaired driver."

A New Hampshire House committee rejected her proposal on the grounds that existing law governing negligent driving covers operators distracted by the use of a cellphone.

Representative Sherman A. Packard, a Londonderry Republican, said enforcement of that law is crucial to promoting safe driving with cellphone use.

New Hampshire is one of 39 states that has considered cellphone-related driving restrictions in the past year. Other states have pursued driver-distraction laws to regulate cellphones, but the debate shows the difficult balancing act in government between keeping pace with technology and recognizing the public's overwhelming use of cellphones.

California, Connecticut, New Jersey, New York, and the District of Columbia have banned hand-held phone use by all drivers. Massachusetts state law allows motorists to use hand-held cellphones -- as long as the operator keeps one hand on the steering wheel.

Twenty-eight states have laws related to cellphone use in cars, according to the National Conference of State Legislatures. In 2000, only three states had such laws. As many as 80 percent of the 220 million people who have cellphones report using them while driving, according to the group's study.

Peter M. Thomson, coordinator of the New Hampshire Highway Safety Agency, said New Hampshire's law on distracted driving addresses the public safety concern. The trouble, he said, is that cellphones are just one of many items distracting drivers today.

"There are too many gadgets in the car," he said. "How much multitasking can you do?"

According to the New Hampshire Highway Safety Agency, there were 116 fatal crashes last year, 11 of which involved distracted or inattentive drivers. From 1997 to 2006, there were 1,270 fatal crashes, 73 of which involved distracted or inattentive drivers. The statistics do not identify the cause of the distraction.

Captain William Hart of the Londonderry Police Department said drivers' use of cellphones remains a concern for patrol officers. However, motorists' not using seat belts, driving too fast, and drinking and driving are higher priorities for the police, he said.

Another bill before the New Hampshire Legislature this year would require seat-belt use by all motor vehicle operators and passengers, with certain exceptions, such as school bus passengers.

According to Thomson, drinking and driving is the number one public safety issue for his agency.

Hart said drivers too often fail to consider the potential for accidents. "Most folks are not aware of the diminution of their reaction time," he said.

While wireless gadgets can be a distraction, legislators need to look at it from a broad perspective, said Joe Farren, director of public affairs for CTIA -- The Wireless Association.

"There are numerous distractions that confront drivers on a daily basis," Farren said.

Pantelakos, 71, who has a cellphone but does not use it in her car, said the state should consider requiring hands-free cellphone use because of the quality design and availability of such devices. She said the negligent driving law is too infrequently enforced, and she worries the Legislature will not take action until a tragedy occurs.

"People are not going to take stock until some little kid gets hit," Pantelakos said.

What restrictions, if any, should be placed on drivers' use of cellphones? Share your thoughts on boston.com/northwesttalk.