This file photo shows a man using his cell phone...

This file photo shows a man using his cell phone while at a stoplight on 35th Street between 7th Ave. in Manhattan. (June 10, 2008) Credit: RJ Mickelson

State Sen. Charles Fuschillo Jr. (R-Merrick) plans to hold hearings on distracted driving next year to look into whether those recommendations should become law in New York.

"Fatalities have increased with the use of cellphones and other devices with automobiles," said Fuschillo, chairman of the Senate transportation committee. The hearings will examine "if New York should be doing more to prevent such circumstances."

After the National Transportation Safety Board on Dec. 13 said states should ban the use of all portable electronic devices while driving, except in emergencies, Fuschillo issued a statement that said he supported the recommendations. But in an interview, he said hearings were needed before determining whether legislation banning the use of hands-free cellphones was warranted.

The National Highway Traffic Safety Administration reported that 5,474 people were killed and 448,000 people were injured in distracted driving accidents in the United States in 2009.

Robert Sinclair Jr., spokesman for AAA New York, said hands-free devices can cause distractions and conversations on them should be kept short. However, the automobile organization doesn't support making their use illegal.

"We don't think they should be banned, but hands-free is not risk-free," he said.

"We seriously worry about getting on the slippery slope of legislation being applied to any and every behavior when they are behind the wheel," he said.

"It's the mind itself that is distracted," Reynolds said. Conversations in the car are typically long, which creates more opportunities "to have your attention decreased at the wrong moment," he said.

Outside of New York City, so far this year Suffolk County has the highest number of tickets in the state issued for driving while using a cellphone: 9,266 tickets were written from January through November, according to the state Department of Motor Vehicles. Nassau County, which ranked third, had 8,239 such tickets out of the 224,741 tickets issued in the same time frame.

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