If the Louisiana Legislature passes a proposed bill, this man would not be able to use his cell phone while driving, at least not while holding it. He was driving on a busy New Orleans street on Tuesday. (Dale W. Clarke II/New York Times Student Journalism Institute)

Louisiana drivers may soon have to get used to missing cell phone calls on the road.

New Orleans residents are contemplating the impact of House Bill 146, which, if passed, would prohibit drivers from using hand-held cell phones while driving, except to call 911.

Text messaging would also be banned, although drivers would still be able to use hands-free sets.

The bill passed a House transportation committee on Monday, 12-3.

The bill was proposed by Rep. Austin Badon, D-New Orleans. Last year, the House voted 55-43 for a similar bill, but it failed to pass the Senate.

Dorian Epps, 34, a New Orleans Regional Transit Authority employee, said he understands the reasoning for the bill but thinks it will be hard for city police to regulate the problem.

“Will it accomplish anything? I really don’t know,” said Epps. “But, you know hopefully it will cut down on a lot of foolishness.”

He said a car almost hit him Tuesday afternoon because the other driver was talking on a cell phone and didn’t see him.

Epps believes whether a driver uses a hand-held or hands-free phone, that driver’s attention is still diverted.

“They are still holding a conversation,” Epps said. “Having a phone to your ear, having a Bluetooth to your ear, I don’t see the real big difference. You’re still on the phone.”

Currently, the District of Columbia, Virgin Islands and five states – California, Connecticut, New Jersey, New York and Washington – prohibit all drivers from talking on hand-held cell phones while driving.

In each of those states except Washington officers can ticket a driver for using a hand-held cell phone while driving, without another traffic offense taking place.

New Orleans construction worker Brandon Handley, 25, said he is not fond of the bill because his occupation requires that he be on call.

Handley also said Louisiana lawmakers should focus more on regulating crime in the city than catching motorists using cell phones.

“I think they’re going to be wasting their time with it,” said Handley. “They’re worrying about this little stuff instead of the crimes.”

Robert Young, New Orleans Police Department’s commander of public affairs, said although the police unit lacks manpower, they would do everything to enforce the law.

“Any time that we can pass a law that will decrease the amount of accidents on the streets of New Orleans will be favorable to us,” said Young.

No state has banned all forms of cell phone use for drivers, but many prohibit cell phone use by certain categories of drivers.

Last August, Louisiana Gov. Bobby Jindal signed three state laws prohibiting hand-held cell phone use and texting by novice drivers, first-time license holders and minors. Bus drivers are also prohibited from using cell phones except in emergencies.

Twenty-one states and the District of Columbia prohibit cell phone use by novice drivers while Nine states, including Louisiana, prohibit text messaging by novice drivers.

In 17 other states and the District of Columbia, school bus drivers are prohibited from cell phone use when passengers are aboard. Only two states ban school bus drivers from texting while driving.

Louisiana, the District of Columbia and 11 other states ban text messaging for all drivers.

Rep. Nida Hutter, R-Chalmette, chairwoman of transportation, highways and public works, said the bill “has a long way to go.”

Hutter said she hadn’t made up her mind how she would vote on the bill, saying she believes other distractions contribute to car accidents as well.

“No one can say cell phones are exclusively the problem for accidents,” said Hutter. “Having to reach down and change the radio, or saying something to your child in the car can cause distraction also.” She added, “It’s just a lot of different reasons.”

If passed, the law would go into effect Jan. 1, 2010.

The penalty for a first offense would be less than $100. For additional violations, the cost would go up by $50 for each offense.

“It’s not a criminal offense, but there is a penalty,” Hutter said. “Just because you pass a law, doesn’t mean everyone will follow it.”