There was nothing abnormal about the scene. Rush-hour traffic out of Hamilton, bumper to bumper cars, motorcycles weaving in and out of every opening all with cell phones in hand.

The Traffic Offences Procedure Act 1974 Specified Penalties Amendment Notice will officially come into effect when passed in the Senate in the coming week or two, but will it make a difference?

For 30 minutes our reporter sat in the hot sun checking every passing vehicle to see if its driver was paying attention or was distracted by their phone or another device.

He counted, in that time, more than 52 drivers either looking at or talking into their cell phones, two people on their phones while driving heavy trucks and one young man text-messaging while riding a motorcycle and weaving between traffic.

While some cautious drivers quickly lowered their phones when they noticed what the reporter was counting most paid no attention and continued to chat away.

Chairman of the Road Safety Council Christopher Johnson said he was not surprised that such a high number of people continued using phones while driving.

What it shows is that there is real work to be done if we are to curb the habits which lead to the "very high death rate" on Bermuda's roads, he said.

"We know that any distraction while driving is not a good thing," said Dr. Johnson. "This is something that is being recognised more around the world.

"At least 30 states have banned texting while driving and eight have an outright ban on cell phone use.

"We have a very high road death rate in Bermuda so anything we can do that is not too draconian should be done. We need to be preventive about this. If it saves one life it is worth it."

With narrow roads, blind corners and nervous tourists, Bermuda does not need distracted drivers adding to the dangers, he added.

Shadow Public Safety Minister Michael Dunkley said talking on cell phones is a way of life for many Bermudians and that the law needs to be properly enforced.

"We have a number of laws on the book in Bermuda that are blatantly not enforced, this included," said Mr. Dunkley. "Look at speeding. Speeding laws are so loosely enforced that it's abnormal to drive the speed limit. I anticipate there will be a lot of debate on this at the next meeting of the Senate."

The law, passed by the House of Assembly, will allow for fines of up to $500 for people caught using cell phones or other devices while driving.

The Traffic Offences Procedure Act 1974 Specified Penalties Amendment Notice, which includes changes to several traffic laws, specifically bans cell phone use while driving.

The act has technically been illegal under due care and attention laws for years. But, until now, there had never been specific legislation singling out cell phones and mobile devices.

"People can be ticketed presently, under another offence: driving without due care and attention," said a spokesman for Premier Ewart Brown, who is also Transport Minister. "Once the Traffic Offences Procedure Act 1974 Specified Penalties Amendment Notice 2010 is passed by each House, people can be ticketed specifically for distracted driving offences."

According to the spokesman, the cell phone driving ban will be put into law through several pieces of legislature.

He said some will be passed by negative resolution, which means that once it is published in the Official Gazette it becomes law.

The rest will be passed through affirmative resolution, meaning it must be approved by both Parliament and the Senate.

The spokesman added: "It is presently law because the Motor Car (Construction, Equipment and Use) Amendment Regulations 2010 and the Auxiliary Bicycles (Construction, Equipment and Use) Amendment Regulations 2010 have been published. They are both subject to negative resolution and are therefore made into law when published."

The spokesman said distraction or inattention is a leading cause of accidents in Bermuda.

"As part of the Government's overall plan to improve road safety, it was noted in the Police reports that inattention was a major contributor to the amount of accidents on our roads," said Dr. Brown's spokesman.

"And although there was no clear distinction between cell phone and other offences, it is clear that the use of cell phones by vehicle operators has been on the increase through surveys conducted through the Road Safety Council as well as what has been evidenced by the TCD Traffic Officers and Bermuda Police Service."

Asked why Bermuda is only just adopting this law when other countries around the world have been enforcing similar phone bans for years, the spokesman blamed safety procedures.

"As with any legislation there is research and consultation that has to be undertaken to ensure we have it correct," he said.

But there are ways of using one's phone while driving without breaking the law, the spokesman allowed.

"Blue-tooth and other hands-free devices can still be used," he said. "The legislation creates an offence for drivers/riders driving while holding a cell phone in their hand either to talk on or to text."

The spokesman also explained what will justify a ticket under The Traffic Offences Procedure Act 1974 Specified Penalties Amendment Notice.

"The legislation speaks clearly on what 'on the phone' means. A person cannot be 'on the phone', while it is held in their hand – up to their ear or texting – while operating a vehicle on Bermuda's roads.

"A person will be ticketed if they are seen operating a vehicle with a cell phone in their hand – either up to their ear or texting or stuck in their helmet."

The Traffic Offences Procedure Act 1974 Specified Penalties Amendment Notice also forbids people under the age of 18 from riding a motorcycle with a passenger and riding between the hours of 1 a.m. and 5 a.m.

Additionally the legislation bans the use of TV monitors in cars and increases fines for tinted windows.