Hands Off My Cell Phone
I disagree with James on cell phone bans. First of all, as one of his commenters point out, cell phones are not the only distracting thing in the car. They’re probably not even the most distracting. People eat, yell at their kids, change the station on the radio, apply make-up, and do all manner of other distracting things in the car. It’s not at all clear to me why we should single out cell phones for special treatment.
Secondly, context matters. If I’m zipping along in the left lane of an almost-empty freeway, being on my cell phone poses pretty minimal risk of accident. Likewise, if I’m in a residential area cruising along at 5 MPH (say, I’m almost to a friend’s house and calling the friend for directions) my chances of getting in an accident are likewise pretty low. And anyway, the damage will be minimal if I hit something at 5 MPH. So no, you shouldn’t be on the phone while changing lanes in rush hour traffic. But not all cell phone use in cars is bad.
Thirdly, is that really the best use of police resources? Even if the study is right, and cell phone use is killing people, it’s not at all clear that a ban would do much to deter cell phone use. It’s not very easy to tell who’s using a cell phone from outside, and there aren’t nearly enough police officers to enforce a ban effectively. A lot of people will just ignore the ban, on the (reasonable) assumption that they’re unlikely to be caught. I mean, really, has mandatory seat belt laws increased seatbelt use?
Finally, the study found that handsfree phones are just as distracting as normal phones. I don’t find this surprising at all. DC has a cell phone ban, and so I tried to use my hands free kit as often as possible. When my phone rings, I have to fish my phone out of my pocket, fish the handsfree kit out of the ash tray, plug the receiver into the phone, put the reciever into my ear (sometimes it falls out and I have to do it again) and then find a place to set the phone for the duration of the call. Since my cell phone calls are usually quite short, I think I’m a lot less dangerous having a phone to my ear for 30 seconds than spending 15 second fiddling around with things on my lap while the phone is ringing.
Bottom line: the police have better things to worry about.
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it's also a lot safer than text messaging while driving, which, from what i hear (and can guess), is a popular alternative.
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I had about 6 circles at SFO last night because of their totally insensitive traffic control.
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I agree completely with Tim that context matters. There are certainly times when cell phone use is safer and times when its less safe. Driving on an empty highway is certainly safer than driving in rush hour traffic changing lanes. This need not be an all or nothing proposition though -- I hope I didn't imply it was. Law can be written in all sorts of ways. My point is that -- where safety is at issue -- restrictions can make sense.
Does this mean we have to ban all sorts of other activities? Not necessarily. Tim's right -- people do all sorts of distracting things while driving -- some can't be controlled (yelling at kids, perhaps), some are less dangerous, some happen rarely. Again, we don't have to have an all-or-nothing approach here. It's like saying you can't put up a stop sign on a dangerous intersection unless you also put signs up at all dangerous intersections at the same time.
Will bans be enforceable? After seat belt laws (which I strongly opposed) were enacted, usage did go up substantially. I'm frankly not sure though whether the increase was because of the laws or not. But, again, if cell phone use presents a real risk to other drivers, why shouldn't it be restricted, even if you don't catch most violators? There's lots of things you can do that are legitimately banned, which you'll probably get away with.
I want to make clear that I'm not endorsing an open door to indiscriminate regulation here. But if cell phone usage by drivers puts other drivers at substantial risk, I see no free-market principle that says it can't be restricted. In fact, protecting individuals from injury from others is exactly what government is supposed to do. (As opposed the the zillions of things it does, but shouldn't). In that sense, it IS the sort of thing the police should be worried about.
Of course, now I'll be branded forever as the pro-regulation TLFer... :)
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"First of all, as one of his commenters point out, cell phones are not the only distracting thing in the car. They're probably not even the most distracting." ---> The study seemed quite factual, it should be repeated to have its conclusions verified, but you're grasping at straws here, because there is obviously no way to regulate yelling, getting distracted by the radio, etc. without invading privacy. You are in public view, and the Police can see you talking. I have always believed, after knowing too many killed in accidents that because of the risks and dangers involved, driving is privilege, not a right. As long as the compelling interest of safety is present, the state has every right (even a duty I would say) to regulate this.
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"Secondly, context matters."---->Yes it does, and that can be taken into account by the Judge, when sentencing. That's called judicial discretion.
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"Thirdly, is that really the best use of police resources? Even if the study is right, and cell phone use is killing people,...."----> I can't think of a better use of police resources "... I mean, really, has mandatory seat belt laws increased seatbelt use?" Duh!~Yes it has!
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"Finally, the study found that handsfree phones are just as distracting as normal phones. I don't find this surprising at all. DC has a cell phone ban, and so I tried to use my hands free kit as often as possible. When my phone rings, I have to fish my phone out of my pocket, fish the handsfree kit out of the ash tray, plug the receiver into the phone, put the reciever into my ear (sometimes it falls out and I have to do it again) and then find a place to set the phone for the duration of the call...." ----->Please be careful! The Darwin award is not a good one to get, but you're striving, apparently...
enigma_foundry
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One wonders why you'd be in the passing lane on an "almost-empty" freeway.
Otherwise, valid points made.
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