By Col. Tom Dougherty
Director for Law Enforcement and Anti-Terrorism/Force Protection
NAS Patuxent River

Since Dec. 1, 2005, the e-mails and phones have been burning up spreading the word about the new federal law regarding cell phone use while driving on DoD installations. NAVAIR site's are responsible for how they phase-in the enforcement of this law.

Motorists who are accustomed to driving and talking on their cell phones should obtain
hands-free devices or change cell phone habits. A motorist who is observed driving and talking on a cell phone is subject to being stopped. Motorists observed in violation may be issued a $50 citation.

Since word of the new law started spreading, police have been asked questions such as: “If I use a government cell phone, should the government issue me a hands-free device?” The police can’t answer that question. However, if your duties are such that you must answer the cell phone and can’t pull over, that is a question that an appropriate supervisor would need to answer.

Another question that has been asked: “Are points given for the violation?” Neither police nor the courts give points. The Motor Vehicle Administration assesses points. Police are not aware of how the MVA will handle any points issued. The point system varies from state to state.

There have also been questions regarding motor vehicle passengers. This new law applies to drivers only.

The new federal law under USC 32 Part 634 and DoD regulation under driver distractions states: Vehicle operators on a DoD Installation and operators of Government owned vehicles shall not use cell phones unless the vehicle is safely parked or unless they are using a hands-free device. The wearing of any other portable headphones, earphones, or other listening devices (except for hand-free cellular phones) while operating a motor vehicle is prohibited. Use of those devices impairs driving and masks or prevents recognition of emergency signals, alarms, announcements, the approach of vehicles, and human speech. DoD Component safety guidance should note the potential for driver distractions, such as eating and drinking, operating radios, CD players, global positioning equipment, etc. Whenever possible, this should only be done when the vehicle is safely parked.

For more information about how your site is handling the new law, contact your base police.