Recently New York became the first state in the Union to ban the use of hand-held mobile phones while driving. On June 28th, Governor George Pataki signed into law the legislation designed to reduce traffic accidents by enacting a statewide ban on the use of hand-held mobile phones while driving on all public roads except in the case of an emergency.

The law will come into effect on December 1st. While New York is the first state to enact such a law, similar bills are pending in 35 others.

"By requiring drivers to put down their cell \ phones and pay attention to the road, this new law will help make our roads safer and save lives," Mr Pataki said.

"Too many families have suffered the tragedy of seeing a loved one injured - sometimes fatally - in an accident caused by someone who was driving while using a cell phone.

"This law will help to decrease confusion and increase safety for all who travel on New York's roads."

Drivers will still be permitted to use phones in the car with head-sets or speaker phones - that is, hands-free units. Americans spend $53 billion (€58.2 billion) a year on wireless services and about 75 per cent of all wireless minutes are used in vehicles.

Some localities in New York State, including Suffolk, Nassau and Westchester counties, have already passed local laws banning hand-held mobile phone use, as have at least 23 countries in Europe, Israel and Japan. The local laws will not be affected until December 1st, when the State law will supercede local laws.

Verizon Wireless, a mobile phone operator, broke ranks with other telephone companies when it supported statewide legislation.

Under the legislation, violations would be considered a traffic infraction, punishable by a fine of $100 per violation. In order to increase public awareness of the new mobile phone restrictions, the law includes a warning period and a waiver provision.

Between November 1st and 30th, law enforcement personnel may stop motor vehicles and issue verbal warnings to motorists driving while using a hand-held phone. Between December 1st and March 1st, 2002, the courts may waive fines if the motorist is able to supply the court with proof that he has bought a head-set or speaker phone.

A poll conducted by Quinnipiac University showed that 87 per cent of New York voters support this idea. There is limited data available to assess the full extent of the dangers of mobile phone usage and how many motorists are involved in crashes that could have been prevented if a hand-held mobile phone was not being used.

One accident that did receive widespread media attention involved one of the world's top models, Niki Taylor, who was critically injured when the car in which she was a passenger struck a utility pole. Ms. Taylor's friend, who was driving, told police he lost control of his Nissan Maxima on an off-ramp when he looked down to answer his mobile phone.

Last month, the US Department of Transportation's National Highway Traffic Safety Administration released the results of a first-of-its-kind survey. It demonstrated that about 500,000 American drivers talk on hand-held mobile phones at any given time throughout the week.

The survey found that rates of use could double during times outside of rush hour. Women drivers used their mobile phones twice as much as men. Senior citizens used mobile phones less than any other age group.

Drivers of vans and sport utility vehicles used their mobile phones the most during non-rush hours and use was lowest for those driving pick-up trucks. Mobile phones were used more during the week than on weekends. Whites used their mobile phones more than any other race.

While the report looked at mobile phone use across the country, it did not try to assess how mobile phones contribute to car crashes. However, the agency estimated that some form of driver distraction - including talking, eating, reading, changing radio stations and mobile phone use - is involved in 20 per cent to 30 per cent of all accidents.

The 2000 Motor Vehicle Occupant Safety Survey, a phone survey conducted by the National Highway Traffic Safety Administration from November 2000 to January 2001, estimated that 54 per cent of drivers usually bring some type of wireless phone in their vehicles with them. Fifty-five per cent of these drivers reported that their phone was on during all or most of their trips and 73 per cent reported using their phones while driving.