Three state legislators say now is the time for a bill restricting motorists' use of cell phones and other wireless devices on Utah roadways.

Rep. Phil Riesen, D-Salt Lake, is sponsoring a measure, HB0095, which would make using a wireless phone, personal-digital assistant, pager, two-way radio or text-messaging device while driving a class C misdemeanor. Violators could face a fine of up to $750 and up to 90 days in jail.

Police and other public safety personnel would be exempt. The measure also would provide an exception for drivers who have witnessed a crime or have an emergency and allow them to use cell phones in those instances.

Regarding the measure's prohibition on the use of two-way radios while driving, Riesen said his intent was to stop people from using devices such as the Nextel Push-to-Talk phones that work like walkie-talkies. But he said he plans to amend the bill at the beginning of the session because he doesn't want truckers and other people who rely on radios for work to be negatively affected.

Instead, he plans to replace the two-way radio prohibition with a prohibition on wireless e-mailing. "I'm writing an amendment right now that will take out the two-way radio, and I'm adding to make it illegal to send e-mail electronic communication," Riesen said.

"That takes care of the BlackBerry business."

Rep. Paul Ray, R-Clinton, and Rep. Carol Spackman Moss, D-Holladay, also are drafting bills that would impose penalties for driving while talking and texting. Like Riesen, they plan to introduce their bills in the next legislative session, which begins Jan. 26.

Ray said the lawmakers' focus on finding a way to combat the problems created by drivers talking on cell phones isn't surprising. It's a combination of public outrage, concern by law enforcement and published research, such as a 2008 University of Utah study that found motorists on cell phones drive slower on the freeway, pass sluggish vehicles less frequently and take longer to complete trips.

"I think there's been enough agitation and research that something will happen," Ray said.

Ray's measure would prohibit texting on the road and talking on a cell phone in school zones and parking lots. Moss' draft bill would prohibit the use of wireless devices, including cell phones and pagers, unless people use hands-free devices with them.

Moss said that prohibiting cell-phone use outright would probably be best from a public safety standpoint, but she doesn't believe such a bill would be passed by Utah lawmakers, given the state's conservative bent and fears of a "nanny state." She believes mandating use of hands-free devices while driving would be better than unrestricted cell-phone use.

"I see people trying to pull into parking lots and parking places," she said. "They've got their stupid phone up to their ear, and they can't turn their car properly."

California, Maryland, North Carolina, Virginia, Washington, D.C., and Washington state have laws restricting the use of cell phones and text messaging while driving. The laws vary, with some only prohibiting motorists under age 18 from using the devices, while other laws allow drivers to use hands-free communications devices.

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