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WASHINGTON, D.C. -- Contending that the nation's 115 million cell phones are a threat to highway safety, two Democratic lawmakers have proposed legislation that would prohibit drivers from using phones except those providing hands-free service.

But Senator Jon Corzine of New Jersey and Representative Gary Ackerman of New York, the two sponsors of the bill, are in the minority among lawmakers. Despite widespread criticism of cell phone use, politicians have done relatively little to regulate it.

At least 45 states have considered cell phone laws, but only three have adopted laws, albeit in rather watered-down form. The harshest of the three laws, in Massachusetts, merely compels drivers to keep at least one hand on the wheel when using the phone.

Local governments have taken the most action against cell phones. At least ten jurisdictions have passed ordinances barring drivers from using them, and another 300 local governments are considering similar measures.

"It's become a big concern," says Corzine's spokesperson. "You see a lot of drivers with a phone in one hand and a bagel in the other, all while putting on lipstick and trying to juggle a cup of coffee at the same time."

Proof Positive?

As evidence for new restrictions, critics cite a widely quoted 1997 study published in the New England Journal of Medicine that found that drivers are four times more likely to get into a car accident while on a cell phone. But traffic safety officials say that the answer isn't so simple.

"People do all kinds of distracting things in their cars while they're driving, and a cell phone is just one of those things," says Jim Reed, transportation program director of the National Conference of State Legislatures.

While at least 12 states have begun keeping police records of accidents in which cell phones are involved, only four states have kept records long enough to be of use to researchers. This, officials say, has stalled progress in gauging the risks cell phones play on the road.

In addition, a recent study by the research arm of the American Automobile Association found that in most accidents cell phones were far less likely to be at fault than other distractions such as eating or drinking, adjusting the radio, or talking to a passenger.

"If we start implementing legislation on wireless phone use, are we going to do the same for eating your lunch or dinner or disciplining your children in the back seat?" asks Dee Yankoskie of the Cellular Telecommunications and Internet Association, the main lobbying arm of the wireless industry.

Getting a Bad Rap

So then, why all the scorn heaped on cell phones?

Many say it's because talking on cell phones, unlike some other activities drivers engage in, is easily noticed by other drivers and pedestrians and, thus, is easy to blame for mishaps. Others contend it's because the cell phone's early reputation as a toy for the rich and oblivious still colors people's views of it today.

"It's an irrational thing," says Stephanie Fahl, of the AAA's research arm, the Foundation for Traffic Safety. "Even people who use cell phones don't like others who use them. That phenomenon has people feeling that cell phones are bad and evil. But what they really are is rude and obtrusive."

Studies show that up to 85 percent of all cell phone owners report using their phones while driving, and lawmakers are concerned that the growing numbers will translate to a greater number of collisions on the roads.

Coming in Handy

Traffic safety advocates, however, are quick to note that the benefits of cell phones may offset some of the risks. Emergency response times, for instance, are reduced, perhaps saving lives, when drivers use cell phones to report accidents.

And the numbers of emergency calls have climbed significantly. In 1985, wireless phone owners made 29,000 emergency calls. In 1996, that number jumped to 2.8 million, according to Robert Sheldon, executive director of the National Highway Traffic Safety Administration, in testimony before the House transportation subcommittee earlier this month.

The wireless industry is also arguing against government bans on cell phones. The industry is stressing the need for more education, citing a report by the California Highway Patrol that says such a move would probably be more effective than legislation efforts.

While some companies, such as Verizon Wireless, say they will support a law that would restrict cell phone use to hands-free devices, most officials in the wireless industry argue that getting phones out of drivers' hands will not make the streets any safer.

That's because of the findings of two 1997 studies, one in the New England Journal of Medicine and another by the National Highway Traffic Safety Administration, that found that the distractive element of cell phones is not in the handling of the phone itself but in the conversation.

"It's not so much keeping your hands on the wheel as it is keeping your mind on the road," says Donald Redelmeier, a coauthor of the study published in the New England Journal of Medicine.

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