KEY POINTS:
Police officers will be able to exercise discretion when deciding whether to pull over drivers who use cellphones in cars under a Government plan to ban the use of hand-held devices while driving.
But anyone who blatantly breaches the new rule - which is unlikely to come into force for several months yet - should expect to pay both in dollar terms and in demerit points if they get caught.
Transport Safety Minister Harry Duynhoven yesterday unveiled a Government proposal to ban the use of hand-held mobile phones, Blackberrys and personal digital assistants (PDAs) while driving.
The move follows years of discussion over whether a ban was needed, with the Beehive until now citing a lack of clear data and evidence as the reason not to take action.
But pressure has built as deaths from crashes where cellphones have been a contributing factor have increased, and the Beehive is now confident it has public support for a ban.
Mr Duynhoven said evidence also now showed cellphones were playing a role in road deaths and injuries.
"Clearly research now shows that using a mobile phone while driving increases a driver's risk of being involved in a crash, by up to four times," the minister said.
"In New Zealand the number of crashes reported involving the use of mobile phones has more than doubled over the past six years."
Under the planned rule change - which the public will be able to comment on before it becomes law - hands-free phone units in cars will still be allowed.
The question of whether people would be stopped for what they might consider to be minor breaches of the cellphone ban led Police Minister Annette King to assure people that police would have discretion.
"Police have discretion on everything really, except speeding," Ms King said.
She said if people were driving with a cellphone when it was banned, the police would stop them.
"Just as if you drive through a give way [sign] and don't give way."
But if someone was stuck in a traffic jam, was stationary and had been for some time, it might be different.
"You've got to be stopped, stationary," Ms King said. "If you're out at the Kapiti Coast there, sitting for hours and not moving and you use your cellphone, I'm pretty sure the police won't be interested in you."
AA motoring affairs manager Mike Noon welcomed the ban and said people should not look at texts even while sitting at red lights.
"When you're actually going to enter an intersection, that is exactly the wrong time to be thinking about using your phone," Mr Noon said.
A survey of AA members in the past two years showed 76 per cent support for a ban on the use of hand-held cellphones while driving.
One of the main issues the Government has taken into account is the prevalence of text messaging.
National Party transport spokesman Maurice Williamson is yet to be convinced the ban is needed, although yesterday he said he had an open mind about it. Mr Williamson said he wanted to see evidence that the ban would have an impact on crashes and that cellphones were more of a problem than other things such as getting something out of a handbag or talking while holding a coffee at the wheel.
However, anyone who texted while driving should be "literally taken around the back and dealt to".
THE BAN
* Is at this stage only a proposal - if it goes ahead it won't come into force for several months.
* Comes after 26 fatal crashes from 2002 to 2007 in which use of a mobile phone or similar device caused distraction or contributed to the crash.
* Follows 411 injury crashes in the same period where they contributed.
* Will carry penalties of a $50 fine and 25 demerit points if drivers are caught breaching it. One hundred demerit points means a lost licence.
