Florence Police Department officers will be issuing tickets to people seen talking or texting on cell phones while driving.

Although driving while talking or texting on hand-held cell phones has been banned in Oregon since January, Florence Police had been giving only written and verbal warnings to drivers in an effort to educate them about the new law.

Police Chief Maurice Sanders said, however, the message has apparently not been received. Last month Florence Police gave out 56 verbal and written warnings.

“That’s way too many for a town our size,” said Sanders.

House Bill 2377, which went into effect Jan. 1, bans the use of mobile communication devices for talking or texting while operating a motor vehicle, regardless of the driver’s age. Hands-free accessories are allowed if the driver is over 18 years old.

Drivers found in violation face a minimum fine of $142.

There are a few exceptions for some drivers:

• People calling for medical or emergency help;

• On-duty emergency or public safety employees or volunteers (such as ambulance drivers);

• People using communication devices for the purpose of farming or agricultural operations; and

• People operating a vehicle in the scope of their employment if operation is necessary for their job.

Drivers who use CB radios in the scope of their employment are also exempt.

Because it is classified as a primary offense, officers can pull over drivers they see talking or texting.

Sanders admitted that the “operating a vehicle in the scope of their employment” provision is vague, but said officers will determine that on a case-by-case basis.

“This is one of those legislated laws that leave the determination of whether a violation exists to the discretion of the police officer making the stop,” said Sanders. “The officer has to look at the elements of the exemption, which is whether use of the telephone while driving was necessary for the person’s job.”

An officer can ask to see a driver’s call records to determine with whom they were on the phone, or could even call their employer.

“Ultimately, the judge who hears the case would make the final determination if there was a violation or not based upon the information presented,” said Sanders.

He suggested employers check with their insurance providers and put policies in place regarding using cell phones. Although there are exemptions for public safety personnel, Sanders issued a policy to his officers detailing the specific exemptions.

Sanders said the intent of the law is not to punish talkers but to reduce distractions for drivers, making roads safer for all motorists and pedestrians.

The National Highway Traffic Safety Administration reports that in 2008, almost 6,000 people across the country were killed, and more than a half-million were injured in crashes involving a distracted or inattentive driver.

A 2006 University of Utah study found that motorists who talked on cell phones while driving had reaction times comparable to drunk drivers.

“We found that people are as impaired when they drive and talk on a cell phone as they are when they drive intoxicated at the legal blood-alcohol limit of .08, which is the minimum level that defines illegal drunk driving in most states,” said Frank Drews, study co-author and assistant professor of psychology at the University of Utah.

“We use traffic enforcement to educate and prevent accidents, injuries and death,” said Lt. Ray Gutierrez.

If a call comes in that a driver believes they have to take, Sanders said to pull over in a safe and lawful manner before answering the phone. Do not, however, pull over and stop in bike lanes.

“People need to be reminded that distracted driving becomes unsafe driving,” he said.