Cell phones and driving.

An interesting subject came up last week that has me a little chapped for two reasons.

Recently one of our state representatives here in Idaho was walking across a cross walk when he was nearly struck by a driver talking on a cell phone. So the representative thought to himself, "Man we need a law preventing people from talking on cell phones while they are driving." So he grabbed three of his rep. buddies and they constructed a bill that they are trying to get passed into law.

I personally love the idea. Here's the part that bugs me:

First, why did take a representative nearly getting killed for them to take action? It is another sign that most politicians are completely out of touch with the citizens they serve. It's obvious that something must directly affect them before they realize that many are affected.

Two, the folks in my state....and probably in a lot of the rest of the country. The main argument against this bill is that it further infringes on our rights and simply makes government bigger. Now I fancy myself a moderate conservative and I'm the first one to say we have too much government in this country and will have a lot more if things continue on their present course. While I don't claim to be an expert in the constitution, I am aware of the fact that there are two things in this country: Rights, and Privileges.

Driving falls under the latter. I know I'll probably break a lot of folks hearts when I say that but it's true. Nowhere in the constitution of the U.S. and my state does it say we have a "right" to drive. That's why the government can do things like... make you test for a license.

This trend has become disturbing. Every time something occurs in our great country, it steps on someones rights. And the rights that are explicitly stated (2nd ammendment) people want to interpret and get rid of.

As someone who works in Law Enforcement I can tell you this 85% of my traffic stops I am able to ascertain that the driver was using their cell. This may or may not have an affect on their driving, but my experience tells me it does. The most common excuse I hear by far for speeding - "I wasn't paying attention and didn't realize the speed, or how fast I was going". Could it be because your talking on a cell phone and not looking at street signs?

Now as a motorcyclist, drivers on cell phones scare the hell out of me. And what's worse...ahh..texting! While drivin?! Let me see, I have this high tech item that allows me to instantly connect with anyone, but I'm going to go ahead and type them a message. I got news for ya folks, that's not a cell phone its a cell telegraph. Perhaps we could make phones even smaller by getting rid of the numbers and keyboards, putting one button in the middle, dropping Physical Education out of schoos and teaching kids morse code. That way we could actually work our way back out of the industrial revolution. Perhaps we could go with cellular cave paintings or smoke signals. The worst part is folks will choose to text while driving.

I am not a big fan of seatbelt and helmet laws, however I understand the reasons they exist (that could be a whole other thread). While I know a lot of folks in the two wheeled community oppose helmet laws, again, driving, it's a privilege and as such subject to greater restriction.


I know there are states out there who have laws preventing drivers from using cell phones while driving or allowing hands free devices. How do they work? Are they effective? What is the fine on this?

I suppose I am particularly partial about it because I have had several of my brothers in blue nearly killed by folks talking on phones - so I'm interested to hear peoples opinions on this. My thought comes to the fact that most people believe they are better drivers than what they actually are (I'll include myself in that) but who knows. Maybe these laws don't work - if so - let me know.

[oldbikers]

I agree that sometimes the government steps on our rights but then I believe that some one has to set some rules or people would go crazy, as for the cell phone I wish they would make it a federal law to talk on a phone while driving and enforce it hell what did we do before the cell phone was invented? On helmets I believe that that is the same as seat belts I think grown people should be given the right to decided for them self I for one will not get on a bike with out a helmet and I have asked our officials why we must wear a seat belt in our cars but 45 children don't need one on a school?

[phenrichs]

I am behind you on that. I am guilty of it, and usually get pretty irritated with myself after I realize that I am doing it. I actually hate my cell phone. I would like to go back to the days of house phones and answering machines. I have a phone in my office, if its important they can call me at work. If not call my house and leave a damn message.

There should be some registration for cell phones like concealed weapons. Emergency personnell, and people who's jobs require them to be out in the middle of nowhere. Like a construction site. But not everyone on the job site needs one either. One guy, one phone. How many times have you seen a snow plow operator talking on a cell phone. That will scare the sh*t out of you. A truck driver here yesterday flipped his truck cause he was trying to make a call and dropped the phone so he leaned over to pick it up. He ended up scratching the roof of his pretty 18 wheeler.

[cactusjack]

Since I took up riding again 2 years ago, I use my cell phone less and less while driving my car. I'll take a call, but I keep it short. I seldom make calls while driving and I don't text while driving unless it's while I am stopped at a light.

I saw a dipsh*t riding a scooter the other day, texting as he was riding down a busy road. Oh well, he had a helmet on, so I'm sure he will be fine. ::)

[taranis]

We just had a 12-page debate on another forum about this very subject. I'm with you - ban them while driving.

Here in Texas we have no restrictions on cellphones, and it's downright scary at times to watch people's driving while yakkin' on the phone. Texting is even worse, and IMO if you're caught doing it, you should lose your license for a year automatically.

Since you're in law enforcement, let me pose this question: Do we really need another law when existing ones may be applied to this situation? Isn't there a violation that covers being distracted while driving that can be applied to situations when you've got someone pulled over and can show they were distracted by the phone?

One point that someone brought up is, "Where does it end?". First, we ban cellphones; what's next? Do we ban talking passengers, radios, gizmos and gadgets in the car that can also distract the driver?. CB's in trucks? Ban them too? Why or why not?

My personal answer to the above is 90% of those using communication devices other than cellphones (CB's, etc..) are professionally trained drivers (Emergency vehicles, police, trucker's, etc.) who have knowledge and skill above and beyond the 30-something soccer mom in the Escalade yakkin' to her hairdresser doing 50 in a 30. But it does bring up an interesting point - there are many other distractions while driving besides cellphones, and it's the driver's responsibility to reduce or eliminate those distractions when they're behind the wheel.

I'm all for banning cellphones while driving. But I'm also a huge fan of enforcing the laws we already have on the books that can cover this. As a driver, you are just as distracted yelling at the kids in the back seat, shaving or doing makeup (seen it a few times) as you are talking on a cellphone.

[phenrichs]

Oh yeah, I hate text. HATE text. I have heard people say they text because they may not want to talk to a person. What kind of BS excuse is that? I blocked text. Can't send, Can't receive. And I can tell you that my kids won't have one either. If they want a cell phone they are gonna pay for the whole thing themselves including any deposit. There are pay phones everywhere. Carry a couple quarters. And if it is truly an emergency, anyone will let you use a phone whether it is a cell phone or a phone in a business. I am tired of always having to look out for the stupid people that are going to run me over. I do that enough already while riding. Cell phones just give them one more reason not to see me and my Nomad.

Hence the Stebel Horns. You can bet they hear that over there damn cell phone, haha.

[schoeney]

I have a few thoughts on this;

1) I am probably like many of you and feel the other idiots should not be allowed to talk and drive but I can do it because I can handle it

In reality I can't handle it. I have caught myself being just as stupid as the "real" idiots on occasion.

I used to answer and make calls whenever I felt the urge...most being non critical calls. I have not completely "kicked" the habit but I am better than I was...I think riding a bike has motivated me to improve. My brother (retired LEO) has also motivated me...he is a real stickler about cell phones while driving.


If I have a passenger I have them answer my phone, if I need to make a call I simply pull over to make it, I ignore calls that don't appear to be urgent or can wait until I stop. I now use my hands free device.


2) Comparing the cell phone issue with the helmet issue is a little like apple and oranges. If you don't wear a helmet you are choosing (in most cases...not all) to put only yourself at risk. If you choose to speak on the cell phone you are putting not just yourself at risk but the public as well.

3) I too want government to be smaller (but not non existent). Saying that , I am extremely happy with the new "no smoking in public places" laws that have recently gone into effect in both Oregon + Washington.

4) If there are laws already in place that are not well written enough lets change them before we make new ones.

[kenb]

Here in CA it is illegal to use a cell phone unless using a hands free device. Texting is illegal. However, I still see hand-to-ear everyday. I also think that hands free talking takes away from the concentration needed to safely operate a car as well because when I use my hands free device, I KNOW my attention is more on the call, not driving.

I may be wrong, but years ago I read, heard, saw, something that stated your brain can only "think" of one thing at a time. I have to agree. You are either "thinking" about driving or the conversation, not both at the same time. If you are "thinking" about the phone call at the wrong time, then, you may pay for not "thinking" about driving.

[Top Cat]

yridehd said;
I know there are states out there who have laws preventing drivers from using cell phones while driving or allowing hands free devices. How do they work? Are they effective? What is the fine on this?
Here in NY State we have a law, no cell phones while driving. Dosen't work for beans. People do it all the time. The law is no good unless it is enforced. First offense is $150.


cactusjack said;
Oh well, he had a helmet on, so I'm sure he will be fine.
He may not be fine but he will be better off than if he wasn't wearing a helmet Hey it's just my opinion.

[pirate]

I hate seeing people talking on the phone while driving, and I definitely agree that it's a distraction, especially being a biker. But, if you ban that, where does it stop? Are they going to ban eating while driving? I don't see much difference between talking on the phone and fumbling for french fries. Are they going to ban tuning the radio while driving? That's distracting.
Driving while talking on the phone is dangerous, but banning it is a slippery slope. Where does it stop?

[phenrichs]

I guess I have to agree with Prairie. The tricky part is I think EVERYONE can agree that texting should be outlawed. But if you only ban texting how do you prove that they were texting and not dialing a phone number to make a call? That is why they are trying for a full cell ban because then they don't have to try to make the distinction.

Can't win either way. maybe we could pass a law that would work like a taxi cab. If the dumbass is on the phone a light on the roof lights up. That way we could more easily avoid them. Or we all cash in our copper and make sure that cars are lined with copper mesh to kill the signal. Much like datacenters do with sensitive servers to protect them.

[novijoe]

I admit I am guilty of talking on my cell behind the wheel at times and it is dangerous.
On the bike I have had more than a few occasions where people on cells have "drifted into my lane and it scares the crap outta me. My next addition to the scoot will be a Stebel Horn, can't wait to see the look on the next person's face that comes in my lane after that!

[audiogooroo]

You just can't legislate intelligence...or common sense!

[Dave]

If you really want to have fun, drive along someone jaw jacking on their cell phone then turn on a scrambler.

Hey Taranis - I thought I would answer your question on this since it gets asked a lot. I can't speak for TX law but here in Idaho there is a law yup. Inattentive Driving. Trying to make it stick to someone on a cell phone would be difficult unless they were truely driving like a...well you know. You have to be able to articulate that their driving itself was reckless (there's also a reckless driving law).

Problem is this: Many folks can keep a three ton SUV going in a straight line. The tunnel vision that occurs while talking on a phone is not necessarly about speeding or weaving or unsafe lane changes. It's more about the fact that many folks are completely oblivious to the world around them. So many folks are going 40 in a 55.

I believe the National Highway Traffic Safety Institute (they're the traffic gooroos about everything and most of our traffic laws come from their studies) is currently doing a study. So far the results have showed that someone on a phone is equivelent to a drunk driver. But it will be interesting to see the final results of their study and sure many state laws will change after that.