In an effort to further curb distracted driving, a number of states have enacted new laws since the start of this new year pertaining to the use of cell phones while driving. These new laws are aimed primarily at text messaging and reading emails while driving. Many states already restrict the use of cell phones while driving to some degree, with more considering similar legislation. While I agree that these laws are necessary (since it seems that common sense, patience and good driving skills in this country are generally lacking), and statistics back up that cell phone use while driving is a significant risk, I still take issue with these laws.
In several states, the law is a secondary offense. As such, you cannot be pulled over for using a cell phone UNLESS you are stopped for another violation. In New York, which bans handheld use while driving (including text messaging), you can be stopped for talking on the phone as a primary offense, but NOT for text messaging! That is a secondary offense. It seems to me that holding a phone and at least looking at the road would be less dangerous than texting and looking at your phone! These laws also do not always regulate the dialing of numbers while driving. While you cannot hold the phone to talk, you can hold it to dial while looking away from the road. While there is no doubt that holding a phone and talking is more distracting than using a hands-free device, it does not mean using a hands-free device is safe. It is still too easy to lose oneself in a conversation regardless of whether you are holding the phone or not. Even in states where the offense is primary, the fines are as little as $20 for the first offense. What good are laws that have limited enforceability or offer no significant consequence for disregarding them?
My big issue, however, stems from the intended purpose of these laws – to reduce driving distractions. I find it absolutely ludicrous that in most states I can legally read a paper, eat, shave, etc, but not talk on my phone while driving. A few states do apply their laws to other portable electronic devices as well as cell phones, but only New Hampshire and Utah have gone a step further: They have written their laws as ’distracted driver’ statutes rather than as bans or restrictions on cell phone usage. If you engage in ANY activity while driving and get into an accident in those states, you will be cited, heavily fined, and can lose your license for up to a year. It does not matter if you are talking on a cell phone, smoking, eating or applying make-up. The bottom line: ‘. . . (n)early 80 percent of crashes and 65 percent of near-crashes involved some form of driver inattention within three seconds before the event.’ (http://bit.ly/7IvR4L) So, while cell phone use IS a major distraction, it is not the ONLY distraction. Singling out cell phone usage without taking into account other distractions does not solve what I perceive to be the core problem, unsafe driving due to driver inattention.
If we truly care about curbing distracted driving, then we should focus on laws that encompass ALL distractions, make them enforceable, make them uniform and make the consequences significant. Anything else is just a half-assed approach.
