Marlboro readies roadside warnings for cell phone ban

Marlboro readies roadside
warnings for cell phone ban

MARLBORO — Signs alerting motorists about the township’s ban on the use of handheld mobile phones in motor vehicles are expected to be up soon despite obstacles Marlboro has faced regarding the new law.

Township Council President Steven Gustman said Marlboro has received preliminary approval from the state Department of Transportation (DOT) to erect signs at the town’s borders warning motorists they cannot use handheld mobile phones while driving.

"I would expect the signs to be up within the next four to five weeks," Gustman said, adding that the wording and other plans have been completed and sent to the DOT for final approval.

State statute requires that a municipality provide road signs warning motorists of laws such as Marlboro’s mobile phone ordinance.

The Marlboro council adopted its ordinance restricting the use of cell phones in motor vehicles in July. It is the first such ordinance in the state.

Under the terms of the ordinance, all motorists, with the exception of emergency services personnel and law enforcement officials, are prohibited from using a hand-held cellular phone while operating a vehicle on Marlboro’s roads.

The law also prohibits dialing a phone number or using the mobile phone in any manner where a driver must remove a hand from the steering wheel of the vehicle while it is in operation.

The law faced its first, albeit short-lived, legal challenge last week when Marlboro was served notice that Sprint Spectrum was suing the town. According to the complaint, the Marlboro council overstepped its bounds in creating the ordinance because a state task force is expected to study the effect of mobile phone use by drivers.

By the end of the week, however, the township was notified that Sprint had dropped the suit.

"The township and Sprint had come to no agreement at all. The suit was just dropped," Gustman said.

Sprint spokeswoman Kathleen Dun-leavy said the telecommunications company has decided to address the issue at the state level.

"We just decided, upon reflection, that this (legal action) was not the right approach," she said.

Dunleavy said Sprint has not yet decided whether it will outright oppose similar regulations statewide.

Gustman said Marlboro has been contacted by telecommunications companies before. When the ordinance was first being discussed, the township was contacted by AT&T, he said.

"They told us they thought this was a very bad idea," Gustman said. "We were disappointed in this (Sprint lawsuit), but regardless of that, we think this is in the best interest for public safety and we will continue to pursue this regardless of what the large corporations have to say."

According to state Sen. John O. Ben-nett III, efforts are under way to restrict mobile phone use for motorists statewide.

Bennett, who is Marlboro’s township attorney, said the League of Municipalities is setting its priorities for issues to support in the coming years and Marlboro officials will ask the league to look at restrictions on the use of cell phones in motor vehicles.

"We want them to commit their resources to this as a high priority," Bennett said, adding that he hopes Marlboro’s law can serve as an example for other towns.

Bennett said work is being done at the state level to discourage the use of handheld cell phones in motor vehicles as well. He said he expects hands-free phones to remain in use.

"An outright ban is just not going to happen," he said.

He said state officials are also working with wireless phone manufacturers to "come up with something that works and that they can get behind."

"I think some of these companies have demonstrated they can make hands-free (use) available at a minuscule cost," Bennett said.

Council Vice President Barry Denken-sohn agreed that help from the wireless companies would be welcome.

"It would be nice to see the wireless industry provide for hands-free devices when you subscribe to the service," he said. "It is, after all, a minuscule cost."