The Commonwealth of Pennsylvania doesn't have a law prohibiting hand-held cell phone use while driving.
Without a law, the state Department of Transportation doesn't have signs to tell motorists of a cell phone usage ban.
Without approved state signs, PennDOT will not allow any signs announcing a cell phone usage ban to be placed along state roads — even if those state roads are in a municipality that has banned cell phone use while driving.
That is the situation facing Harrisburg, which banned cell phone use while driving last year. It also would be faced by Lancaster, if city leaders pass a local ordinance against distracted driving.
"I just wish the state would do something and take it off our hands," said Lancaster City Council member Todd Smith, who said he had waited for state legislators to take action last year.
Pennsylvania's House and Senate each approved distracted driving legislation, yet those bills died in committee at the end of the year after legislative leaders failed to reconcile the two proposals.
Last month, Smith said he was considering a city ordinance to address the issue. Last week, he said he was abandoning, or at least postponing, action.
The city solicitor researched Harrisburg's attempt to pass a ban before recommending that Lancaster abandon the idea, Smith said. The attorney said such an ordinance would likely be unenforceable.
Issues also were raised about how a police officer would prove that someone was indeed using a cell phone, whether as a telephone, sending or receiving a text message or using a phone as a web browser, while operating a motor vehicle.
"He seemed rather pessimistic," Smith, a freshman Democrat, said of the solicitor. "I still think something can be done."
That something may come in the form of adding a hand-held cell phone use ban to the city's reckless driving ordinance.
Or he said the city could look at means other than legislation to advance the issue. A public service campaign, possibly done in conjunction with city schools, may be the best way to make the public aware of the dangers of distracted driving, he said.
Whatever approach — if any — is taken at the city level, it likely won't happen anytime soon, Smith acknowledged.
"I really think it needs to be addressed. I just didn't know it was going to be this difficult," he said.
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