Government is still considering introducing legislation to ban drivers from using cell phones, the Attorney General said last night.

Larry Mussenden?s comments came after Police issued a statement saying that motorists who talk on their cell phones while driving are only committing an offence if it affects their performance on the road. The statement said that though officers could ticket people for driving without due care and attention this only applied if there was evidence of driving misconduct, such as encroaching onto the opposite carriageway, braking sharply to avoid a collision or any other act deviating from the normal standard expected of a ?reasonable, prudent and competent driver?.

?It has been determined that the use of cellular telephones whilst operating a motor vehicle is not necessarily an offence on its own,? said the statement. ??It can be legitimately argued that it is a ?routine? activity, which does not constitute an offence under the Road Traffic Act 1947.

?It is no different than smoking a cigarette, tuning a radio, drinking a soda, tending to children or speaking to passengers. Therefore Police officers can issue tickets for the use of cellular telephones whilst driving only where there is evidence of driving misconduct.?

Sen. Mussenden told that a number of Government departments were looking at putting together legislation banning the use of cell phones by drivers, including those on bikes. ?It?s something that the Police, the Ministry of Tourism and Transport, with the Ministry of Justice, are looking at,? he said.

?The decision to go ahead with legislation has to be taken. Then legislation has to be drafted and then it has all to be checked and then it goes to the House (of Assembly). It takes a considerable amount of time and effort to bring any legislation.?