Illinois State Representative John D'Amico

It’s illegal in Chicago, Evanston and Highland Park to operate a motor vehicle while using a handheld cell phone.

But if Illinois State Representative John D’Amico (15th-Chicago) has his way, it may be soon be illegal on all Illinois roads.

D’Amico introduced HB 3972 in the General Assembly early this month. This bill, if made law would compel motorists driving on any road or highway in Illinois to use a blue tooth headset or other type of hands free technology in order to use their phones while driving.

“You are eight to 23 times more likely to be in an accident while talking on a cellphone,” says D’Amico. “My interest is in trying to make Illinois roads as safe as possible. Our last two years in Illinois have had the lowest fatalities since 1921.”

D’Amico, as Chairman of the Vehicles, Transportation and Safety Committee in the Illinois House, has sponsored many bills that impact driver safety including the graduated driver law, the state’s ban on texting while driving, and cellphone ban in school zones and road work zones.

Currently, in Chicago, getting caught by a police officer while using a cellphone while driving without a hands free device gets the driver a $100 fine. But it’s an administrative ticket–not a moving violation–essentially the same as getting a parking ticket.

But D’Amico wants to change that and make this type of behavior a moving violation just like a speeding ticket or blowing through a stop sign.

“I do believe there’s a lot of momentum to ban handheld cell phone use (while driving),” says D’Amico. “What we want to do is put some teeth into it and make it a ticketable offense. I want to make sure it’s a moving violation.”

Currently nine states have bans on using a cellphone without a hands free device.

“By my count Illinois would be number ten,” says Jonathan Adkins, spokesperson for the Governors Highway Safety Association a group which tracks traffic safety laws nationally.

The GHSA has been pushing for states to pass bans on texting while driving,curiously the group has not got behind ban on using handheld cellphones while driving.

“Research is mixed on whether it (handheld cellphone ban) is effective or not,” explains Adkins. “We haven’t taken a position one way or another. We’re holding off until there’s more research.”

Recently, the National Transportation Safety Board came out with an endorsement for a complete ban on all cellphone use while driving. Even using a hands free device would not be allowed if the feds got their way.

It would also be Rep. D’Amico preference to have a complete ban on cell phone usage while driving, but don’t expect a dramatic change in the law like this anytime soon.

“Right now, the support is not there,” explains D’Amico. “And how could you possibly enforce it.”

State Representative Karen May (58th – Highwood), has also proposed a similar bill recently.