By Jorge Casuso

The City Council Tuesday night could make Santa Monica the nation's third - and most prominent - city to ban drivers from using handheld cells phones.

The mere discussion of a cell phone ban already has focused national (as well as international) attention on the high-tech beach town. By following the lead of Brooklyn, Ohio and Aspen, Colorado, the council could help boost similar efforts across the country.

"Since this issue has been raised, I have been overwhelmed by the vociferous feelings in the community," said Councilman Paul Rosenstein, who sponsored the proposed measure. "The sentiment has been running 50 to 1.

"I've only gotten three or four negative responses out of several hundred," said Rosenstein, who has been contacted by numerous news outlets from as far away as Sweden. "I've been amazed at all the cell phone users that tell me they love their cell phones but know from their own experience how dangerous they are."

While reckless driving is unlawful, the ordinance would target an activity that is not specifically prohibited by state law.

"State law already prohibits reckless driving and thereby regulates those car phone users who disregard the safety of others," said a staff report prepared by the City Attorneys office. "Nevertheless, car phones may pose unique hazards which warrant special legislation."

Just how dangerous hand-held cell phones really are is up for dispute. Studies to determine whether using car phones causes accidents are "somewhat inconclusive," according to the staff report.

A 1997 New England Journal of Medicine study of 699 drivers who had car phones and had been in accidents found that having phone conversations in cars can distract drivers for up to 10 minutes after the conversation is over. One-fourth of the group had used their car phones within ten minutes of the accident

The study, however, concluded that although there was "an association between the use of mobile phones and car collisions, there was not necessarily a direct causal relationship between the two," according to the staff report.

The study found no difference in risks between hand-held and hands-free phones.

A separate 1997 study by the National Traffic Highway Administration analyzed crash data and concluded that cell phones were involved in eight times more crashes that year than in 1991.

But "the number of incidents in which mobile phones might have caused the accident appeared quite small," according to the staff report. "However, this was likely due in part to the fact that, in all but two states, police officers were not required to include in their reports whether a mobile phone was available to the driver to use, or if it was used by the driver just prior to the accident."

Councilman Robert Holbrook says the proposed ordinance is unenforceable.

"I'm not going to vote for an ordinance that can't be enforced," Holbrook said. "It's ridiculous. Besides that, most of the pedestrian accidents that have occurred have been the pedestrian's fault. What are we gonna do, ban pedestrians from using cell phones?"

Several telecommunications companies have asked the council to delay its vote. In a letter to the council, Paul Sieracki, the staff director for government affairs for AT&T Wireless Services, asked for a six-week continuance.

"We are concerned that the restrictions proposed will single out those who use these phones for 'special penalties' beyond those imposed on other potentially distracting activities in automobiles such as eating, drinking, and changing the radio, to name a few," Sieracki wrote.

"Existing statutes found in the California Vehicle Code already prohibit reckless driving," he wrote. "We are also concerned that a ban within city boundaries will be difficult to enforce and become a burden to police and prosecutorial agencies of the City."

Santa Monica's ordinance would exempt public safety personnel, persons seeking assistance from public safety personnel and drivers in parked vehicles.

Thirteen states have considered or are considering passing laws regulating the use of phones in vehicles. Nine countries - including England, Brazil, Italy and Switzerland - have banned handheld phones in cars.

San Francisco was considering an ordinance, but is planning to launch a public education campaign instead.