The Cellular Offense
May 5, 2000
Recently a Westchester County legislator talked about passing legislation that would regulate or prohibit the use of cell phones while driving. We should be concerned by data that shows motor vehicle accidents have increased lately and that drivers' use of cellular phones might be a contributing factor for some of that increase.
For instance, I was on Mamaroneck Avenue in White Plains, NY, I could not believe my eyes as I was pulling out of my parking space, there was this guy making an illegal U-turn and simultaneously talking on his car phone. Unbelievable but true. There was no policeman around but this was clearly dangerous and reckless driving.
So, maybe the legislator's proposal sounds good, but are there already too many laws on the books?
Cell phone use has increased dramatically in a short time and caught everyone off guard. Cell phone users want to always be connected and often ignore common sense regarding safe driving.
Drunk drivers can be stopped, investigated and arrested, before their impaired abilities cause an accident. However, as much as using a cell phone while driving can distract a driver's attention, and require hands to be somewhere besides firmly on the steering wheel, it does not seem to be the same level of impairment as a drunk driver.
We all do things that we should not do while we are driving the car. We drink hot coffee, eat a sandwich, smoke a cigarette, pipe or cigar, change radio stations, comb our hair, put on lipstick, engage in a heated argument with another passenger, try to quell the kids screaming in the back seat and the list goes on. There is a whole variety of distracting activities that drivers engage in without regard for other drivers or pedestrians. Often, lives are placed in jeopardy because of these careless activities.
We can pass more laws to cover every aspect of human behavior. Or, we can pass specific laws about cell phones. That might require exceptions for police, fire trucks and ambulances, taxis drivers, truckers, car services, and many businesses that use cell phones or mobile radios. In addition, there is probably a legitimate question about free speech.
We have to stop trying to legislate perfect human behavior. We cannot make laws to cover every situation. It seems to me that that existing laws about reckless driving already allow a police officer to issue a summons where a driver is clearly engaging in an activity that endangers anyone. We need to improve law enforcement more than creating new laws.
Before more laws are added to the books, we should try:
Public awareness campaigns to remind everyone of the hazards of using a cell phone while driving. People are known to examine their own actions, when a public notice exposes the possibility of shame for their behavior. Haven't drunk driving and seat belt posters saved lives?
Diligent enforcement of exiting reckless driving laws, without showing leniency just because we're all adjusting to using the cell phone.
Education about safe methods of cell phone use in driver education and police officer training.
There are many things that can be done to increase safer use of cell phones by motor vehicle drivers. Additional laws, penalties and fines for local authorities to collect are not the best answer.
If just talking on a cell phone should be a specific driving offense, then it should simply be included along with the many other stupid things we do. Then, you can think twice before you check your appearance in the vanity mirror under the sun visor. The next person to look at you might be your local friendly gendarme.
Editorial #21
May 5, 2000
