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  • Hasan Elahi of Oakland uploads a photo from his cellphone...

    Hasan Elahi of Oakland uploads a photo from his cellphone while on the move in San Jose Wednesday, Oct. 8, 2008. An assistant professor in SJSU's School of Art and Design, Elaji used a cellphone and a website to detail his movements numerous times throughout the day.Not long after 9/11, someone gave the FBI a false tip that Elani was hiding explosives for Al Quaeda in a Florida storage space and he was detained by the FBI as a possible terrorist. After the FBI cleared him, Elahi decided the way to prove he had nothing to hide was by putting his whole life on the Internet. Every hour or so, he pulls out a battered old Nokia cell phone and snaps a picture of where he is, the meals he eats, the toilets he has seen, and even uploads all his credit card receipts. It's part paranoia, part performance art project. If Big Brother is watching, he's trying to bore him to death.(David M. Barreda/Mercury News)

  • PHOTO ILLUSTRATION : A motorist uses her cellphone while driving...

    PHOTO ILLUSTRATION : A motorist uses her cellphone while driving south on Hwy 101 near Palo Alto on May, 12, 2008. A new cell phone law goes into affect on July 1, 2008 which will prohibit motorists from using a handheld wireless device while driving. (Gary Reyes/Mercury News)

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As tougher penalties for drivers ignoring California’s ban on handheld cell phones are being considered, a study released today reaches a surprising conclusion: Hands-free phone laws don’t reduce crashes.

“This is very surprising, and something we didn’t expect,” said Russ Rader, a spokesman for the Highway Loss Data Institute, which conducted the study. “It certainly warrants more studies, and we’ll be taking a much closer look at this.”

The safety agency for the first time looked at insurance collision claims in California, New York, Connecticut and Washington, D.C., all of which prohibit the use of a handheld phone while behind the wheel.

The study compared data from surrounding states without bans on cell phone use. It found that the frequency of collision claims in California before and after its hands-free law passed were no different from those in Nevada, Arizona and Oregon, which don’t have cell phone laws.

No surprise to motorist Jim Wissick of San Jose.

“What is the difference between my having a conversation with my passenger and holding a burger in one hand as opposed to talking on speakerphone or holding the phone up to my ear?” he asked. “Nothing. I would much prefer that no new laws be passed on this subject. I am not convinced that talking on a cell phone while driving is a problem.”

The report also found that despite a huge increase in cell phone use, there is no indication that talking on the phone and texting is adding to the overall national crash problem. That finding runs counter to most studies — including one released last week by the National Safety Council, which found that 28 percent of all crashes nationwide involved drivers talking on their phones or texting — an increase to 1.6 million collisions in 2008 compared with 1 million in an earlier review.

The new study may gain the attention of nearly two dozen states nationwide that are considering hands-free phone laws. The group that conducted the study is affiliated with the National Institute for Highway Safety, one of the more respected safety agencies in the nation.

The unexpected finding comes amid an exploding use of phones and texting. Cell phone subscribers increased 42 percent from 2005 to 2009, and the number of minutes surged from 195 billion in 2000 to more than 1.1 trillion in 2008.

Backers of cell phone bans insist the law that went into effect in California on July 1, 2008, has helped make driving safer, despite what the new study says. They point to the 3,487 fatalities in California in 2008, the lowest in a decade.

The recession and a drop in miles traveled are also factors, but “clearly the law has made a difference in California,” said state Sen. Joe Simitian, D-Palo Alto, who pushed for six years to get a hands-free law passed. “The Highway Patrol says it’s helped save maybe 700 lives a year. That’s no small accomplishment.”

The CHP has issued nearly 184,000 tickets in the 18 months since the law went into place. No data is available from police and sheriff’s departments across the state, but it’s believed those agencies have issued just as many tickets.

Yet many feel the new law is not being enforced. Take a drive anywhere and you’ll spot drivers holding their cell phones.

To help convince drivers to take the law seriously, Simitian is pondering a new bill that would toughen penalties in California. Under consideration:

  • Doubling or tripling the current fine, which runs around $135.

  • Making it a moving violation and a point on a driver’s record, which would lead to higher insurance costs.

  • Extending the ban to bicyclists.

  • Spending more on educational campaigns, perhaps copying the successful “Click It Or Ticket” effort to get more people to use seat belts.

    “It’s clear that many people think this law is ignored by too many people,” Simitian said, adding that “there isn’t a study in the world saying it’s safer holding a cell phone to your ear than with both hands on the wheel.”

    Of nearly two dozen drivers contacted this week, most agree with Simitian. They see motorists on handheld phones drifting across lanes, running red lights and going much slower than the flow of traffic. Sometimes it’s more than an irritant.

    Twice last year, Marc Warden was involved in crashes with drivers on cell phones.

    “First accident I was stopped at a red light when the car behind me ran into the back of my car,” he said, “shoving me into the vehicle in front.”

    The second hurt even more. Warden had a brand-new car, just 25 days old, when a driver on a phone missed a turn at an intersection, causing a rear-end chain reaction.

    “Damn cell phones,” Warden said. “Damn drivers who use them while driving.”

    Do you think the hands-free law improves driver safety? Contact Gary Richards at 408-920-5335.