Where I live, it is actually illegal to drive while using a hands free kit (in most situations). It is perfectly legal to use cell phone while driving otherwise. The reasoning behind this isn't trivial, but I've had it explained to me once and it makes a hell of a lot more sense than any justification for banning the use of cell phones except when using a hands free kit that I have ever heard.
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I've heard of banning it, period - the theory there is that it's not the act of holding the phone (using either your hand or your head/neck/shoulder) that's the problem, it's that your mind is focused on too many things at once and it's the conversation, not the traffic, that tends to come to the foreground. I do not see, however, how it therefore follows that it should be allowed only when not using the headset. I'd love to hear that justification. As for the actual legistlative issue.. I have to agree with Republic on this. If we had a law for every time someone said "They're oughtta be a law", well, we'd have millions of confusing, often contradictory laws, and basic freedoms would be blurred, obscured, removed. There are some clear-cut cases - like putting knives in other people - that should be outlawed except in specific situations. But if it's not obvious, skip the law. In this case, driving while distracted by cellphones ranks fairly low on causes of accidents - behind things like driving while drunk, driving while changing the radio station (which has been going on since, oh, the 50's?), driving while tending to a child... plainly put, the roads aren't 100% safe, and focusing on one little niche cause of accidents isn't going to make much of a dent. Look at drunk driving - making it illegal didn't exactly make it not occur, now did it? I'll agree the law needs to exist in this case, but all it results in is something extra to charge the person with when the accident did occur. For technology-related cases, the offending party ends up with a banged-up car, an immediate hole in their pocketbook, and a higher insurance rate. The victimized party ends up with a healthy dose of Life Happens, and eventually a fixed or new car. Modern car technology makes it unlikely this kind of accident will be fatal.. so, let it be. Full Disclosure: I will drive while holding the phone near my lap, on speakerphone. (Bluetooth, it turns out, is a pain to keep track of, keep charged, and put in ear only when needed.) I will also send & receive text messages when all I see are brake lights or a red traffic light - i.e. when not moving. I have also been involved in 3 accidents: 1. Rear ended in Stop & Go traffic by someone from Maine who wasn't accustomed to NJ traffic patterns. He was also tired, and was about 20 hours in to a straight-through drive from Florida, alone. I was not manipulating technology at the time, and neither was the other driver. 2. Front car in a 4-car accident in Stop & Go traffic.. when the driver of the rear car mistook the brake peddle for the gas and slammed in to the car in front of them, pushing that car into another, and the other into me. Fortunately my car held. I was not manipulating technology at the time, and neither was anyone else involed. 3. Lost brake control on a damp, oily exit ramp. Steering remained operational, so I was able to quickly pull off the road and hit the guard rail rather than hit the car in front of me. I was not manipulating technology at the time. |
Some people forget that there are other things on the road besides other cars.
People crossing the street at an intersection. Kids chasing a ball. Motorcycles/Scooters (in some states, there is no helmet law) Bicycles Pets/Animals/Deer etc... I can't find the article now, but recently here in Memphis, a motorcyclist was stopped at a red light (he was wearing a helmet). He was rear-ended by a car going full-speed for the road and died on-scene. The driver of the car was texting. Phone records show that they had hid "send" *just* before crashing into the motorcycle. There have also been studies showing that when texting, drivers take their eyes off the road for an average of 4.5 seconds. That is a long time. There are already laws in some states banning texting while driving. A car is a deadly weapon, while your home is not. There's even a term for when you kill someone with your car - "vehicular manslaughter". I'm not saying that there have to be laws about every little thing, or that people cannot use their best judgment. I'm not saying that there shouldn't be etiher. Hell, I disagree with some laws (as of this summer, people in Tennessee can carry guns into public parks :confused: ). But don't be so surprised or appalled when these topics come up and you see other people's opinions on them. Think of it this way: if you have never had an accident where one or more parties were "using technology" then you have a different view/opinion than someone who has had that experience. If you were the father/mother/whatever of that man killed by the person texting, you're going to have a different take on the situation. When we talk about (most) laws, we're talking about what's the greater good for everyone. The first amendment does not take precedence over any law about spouting obscenities in public, verbal threats, etc. The fact that alcohol is legal to drink whenever you want, does not override any drunk driving laws. With freedom comes responsibility. We already know that not everyone is on the same page as far as common sense goes. Laws are for those times that someone's lack of common sense impedes on someone else's basic rights. Your freedom does not override my life. And vice versa. It's a delicate balance, yes, but one that has to be respected. If you say "I'm an American", then you understand and respect the fact that America was founded with a certain set of laws. If people say "I'm a Christian", then you understand and accept that Christianity holds a certain set of laws/rules. Etc... Rules and the consequences of breaking them are everywhere. If they weren't, the world would be in chaos - human nature and varying levels of "common sense" have proven this to be true on so many occasions and on so many levels. (Lord of the Flies, anyone?) /tldr... Having rules/laws aren't necessarily a bad thing, and common sense isn't for everyone. Respect other people's rights and the world around you, please. |
One important note. Driving a car is a privilege (not a right as many people believe) and is subject to as many laws as they choose to throw at it. It may suck, you don't have to like it. It is however a fact of the matter.
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There is a law on the books that says when you negligently hit someone with your car, you're probably going to jail. If the threat of jail time if something happens isn't going to stop someone from engaging in risky behavior, such as texting while actively moving on an urban street populated with all its wheeled and non-wheeled denizens, why would 2 pts on their license and a $125 fine suddenly have a deterrent effect? In the meantime, the laws are generally written to be black-and-white, so that the people who can use stuff responsibly and were never going to hit anyone get punished, with no overall impact to public safety. If anything, I would support these laws being tack-ons to existing offenses.. e.g. if you were performing one of these behaviors (texting, changing CD, rosy palming) while involved in an accident it's a double penalty or something. But to just blanket ban little niches of activity seems draconian for what it achieves. |
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My view on these various laws is quite simple: Yes, it's frustrating that they're legislating something that should be common sense. However, if humanity is good at anything it's showing that common sense isn't that common. They're also sometimes needed because there is the simple argument that if something isn't illegal then it's just fine to do. Do I wish this weren't needed? Absolutely. Do I think it's a little absurd sometimes? Yup. But I, and others, don't see a better option available. |
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There are, of course, systems that do not violate this law -- and that's why I said most, not all. In particular, where I live, a very common thing to buy is a handsfree system which instead uses your radio to hear the call. Again, I do not believe this is useful because it still acts as a distraction to the driver, but it does at least mitigate the loss of hearing. -- Shirik |
What blows my mind is that a great many people can drive a car while having a conversation with their passenger, but as soon as you swap the passenger for someone on the other end of a phone the driver can't seem to concentrate on the road as fully.
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The difference between talking to a passenger and talking on the phone is that if something happens on the road that you have to react to, your passenger will likely also see it (or see you see it) and shut up which makes it easier (faster) for you to focus your attention on dealing with the situation on the road. A person on the phone can't know what's going on around your car so when something happens that you need to respond to, he or she just keeps on talking which makes it harder (slower) for you to shut them out and focus on driving. |
Thanks for that explanation. I was wondering the same thing Torhal posted.
However, it still begs the question of what's the difference between the person on the other end still talking and the ultra-jittery passenger going nuts because of perceived danger. ;) Of course, I guess yelling 'shut up' to said jittery passenger takes care of the issue, but you're still dividing your attention. |
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I was actually just playing devil's advocate a little bit, but that's a good point too. :)
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I'm afraid I don't have my original references from that paper (does anyone keep their college carp around after graduation?), but here's a link to a case study that puts some numbers on the passenger vs. cellphone debate: http://www.psych.utah.edu/AppliedCog...4-000597-1.pdf |
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