Six years used to seem like a long time to me. As I approach my 50th birthday, it doesn't seem so bad. Heck, I bet I didn't get much done in my first six years.
One product to hit the market, $10-a-month software by Dallas-based WQN Inc., can disable a cell phone while its owner is driving. It uses GPS technology, which can tell how fast a person is traveling. But it can't know whether the person is driving - and therefore it can needlessly lock a phone. WQN, which sells cell phone and Internet security software under the name WebSafety, says it signed up about 50 customers for its first month of service.
I think banning cell phone use altogether is uncalled for - I agree with mandatory use of hands-free technology though while driving. Besides, it wouldn't be enforceable. What are we going to do, pull someone over if we see their mouths moving? No officer, I was just singing along with the radio. Hands-free use is no different than talking to passengers while driving anyway, and we're not going to start telling people, "Hey, no talking while driving."
However, hands-free usage being mandatory makes sense. And it would seem obvious given that driving instruction classes teach drivers to keep both hands on the while at all times except for momentary tasks.
And there are actually already laws that we can use. A person driving and reading at the same time for example who is swerving and displaying inattention - could that not be "...the person drives a vehicle in wilful or wanton disregard for the safety of persons or property"???? Reckless driving. If a person is engaging in behavior that is causing them to place other persons or property at risk, then it's reckless.
Maybe it should be up to officer discretion. One person may be using a cell phone and yet not displaying driving conduct that is dangerous, while another may be using a cell phone and be all over the road.
Posts: 34 | Location: Matagorda County, TX, USA | Registered: January 17, 2009
It is my understanding that, according to the most recent study cited by JB, hands-free and regular usage is no different safetywise. So it would be hard to justify criminalizing it.
What might help is to allow a jury charge regarding the use of cellphones when a defendant is in an accident - some kind of presumption that the person is acting in a dangerous or reckless manner. So that way if an accident is caused the defendant could expect extra punishment civilly and criminally.
Posts: 79 | Location: Texas | Registered: May 22, 2008
It would be easy enough to make use of a cell phone while driving presumptively reckless under the offense of reckless driving. Or, make use of a cell phone a crime but also make it a presumptively reckless act as part of any driving related crime that results in injury.
And there hasn't, to my knowledge, been a study conducted about accidents which occured while the driver was having a conversation with other passengers in the vehicle, and whether those conversations had anything to do with the event. So we don't know if hands-free usage is any more dangerous than carrying on normal in-car conversations as we don't have studies to compare.
Posts: 34 | Location: Matagorda County, TX, USA | Registered: January 17, 2009
Once again proof that no amount of govt. intervention or regulation is to much. It's nice to see the same folks always searching for more ways to restrict what we do.
Posts: 8 | Location: Texas | Registered: June 15, 2007
State Senator Jeff Wentworth has filed a bill that would make it illegal for people to use cell phones while they are driving. Wentworth, whose district includes parts of South Austin and Hays County, has filed versions of SB 582 during the past two sessions, and is hoping a third time would be a charm.
Wouldn't it be much simpler to require both hands to be on an operating control of a vehicle while the vehicle is in motion? Virginia had that years ago when I was learning to drive. It would mean gearshift or steering wheel. Then no specialized rules like no cell phone, or no Big Mac, or no swatting the kids in the back seat while driving. To focus on cell phones is a somewhat narrow solution to the larger problem of driving while preoccuppied with other activity.
If I'm understanding this correctly, it even targets those who use headsets. Once again, are we now going to tell people that they may not have conversations with any passengers in the vehicle?
Also, with those who use bluetooth (most of us) for example, it's entirely unenforceable. As a police officer, what am I supposed to do, pull someone over if I see their mouth moving? Sorry officer, I was singing with the radio. I can't prove otherwise.
I think our legislators' time would be better spent with bills that have an impact. This one will do nothing other than take up time on the floor. You'll have some tickets dribble in here and there - the VAST majority of which will be summarily dismissed by the way - but by and large it will be yet another well-intended but unenforced traffic statute.
Posts: 34 | Location: Matagorda County, TX, USA | Registered: January 17, 2009
While there is a lot of empirical evidence on the dangers of using a cell phone while driving, but none that I've heard of about driving while talking to passengers,etc. However, from personal experience, I believe that cell phones present a particular distraction problem because, unlike your passenger, the person on the other end of the phone line has no idea of what is going on in traffic. A passenger generally is going to react or stop talking if he or she perceives a possibly dangerous traffic situation. Personally, I hung up my cell phone while driving after I had driven from the Texas Tech law school to Reese Air Force Base (about 10 miles) before I realized I had no memory of the drive! Yikes!
Janette A
Posts: 674 | Location: Austin, Texas, United States | Registered: March 28, 2001
Point taken. However, it's not a universal one. Some cannot drive and talk on the phone while maintaining proper attention. Many can.
However, that aside, we come back to the enforceability of it. For those (most) using wireless headsets, it's non-existent. It would only be enforceable for those who are holding a cell phone up to their ear and I can see them doing so.
Posts: 34 | Location: Matagorda County, TX, USA | Registered: January 17, 2009
Simply seeing a bluetooth device on someone's ear gives me no reasonable suspicion that they were actually talking on it while driving the vehicle. Many people just leave them on, including me, whether they're on the phone or not.
It is true that there are still a lot that don't use them, and those of course we can spot (well, during the day anyway).
I think requiring the use of hands-free headsets is reasonable because then both hands are at least free to operate the vehicle. However, including headsets in such legislation is unenforceable (unless it says that wearing the headset is prima facie evidence of talking on it while driving - can't see that one happening) and also then gets into the slippery-slope realm of all the other things people do that divides their attention while driving.
Posts: 34 | Location: Matagorda County, TX, USA | Registered: January 17, 2009
The bill, from Rep. Claire Levy, D-Boulder, would require most drivers to use hands-free devices and would ban text messaging while driving. It would also bar anybody younger than 18 from talking on a cellphone at all while driving.
"Your individual decision whether to talk and drive doesn't just affect you," Levy said. "It affects every other person on the road with you."
[I find it very interesting to see how certain subjects gain the attention of the legislature and move across the states. As this article perhaps shows, many times the interest is directly connected to a poster child, presented by a grieving parent.]
OKLAHOMA CITY - On his 15th birthday, Christopher Hill got his first cellphone. For his 16th, he was given a used red Ford Ranger pickup, a source of pride he washed every week.
Mr. Hill, a diligent student with a reputation for helping neighbors, also took pride in his clean driving record. "Not a speeding ticket, not a fender bender, nothing," he said.
Until last Sept. 3. Mr. Hill, then 20, left the parking lot of a Goodwill store where he had spotted a dresser he thought might interest a neighbor. He dialed her to pass along news of the find.
Mr. Hill was so engrossed in the call that he ran a red light and didn't notice Linda Doyle's small sport utility vehicle until the last second. He hit her going 45 miles per hour. She was pronounced dead shortly after.
By the way, there was some important legislation passed in Texas dealing with cell phones in cars. Bet you didn't now that. To read the law that passed, click here.
Is this important development being covered in the TDCAA Update? Shannon? Hello?
