WE SEE other drivers doing it all the time, and most of us do it ourselves without a second thought. Whether they're sitting in traffic, backing out of a parking space or merging onto the interstate, it is never difficult to spot drivers talking on their cell phones. In fact, we often don't even notice it unless somebody else's (or our own) mistake brings it to our attention. This mistake can be something as small as missing a turn, but bigger mistakes may prove costly. For this reason, handheld cell phones should never be used while driving.
Handheld cell phone legislation has been a hot topic since 2001, when New York became the first state to issue a statewide ban on the use of handheld electronic devices while operating motor vehicles. This move was widely criticized by media opponents such as Wired.com, which sought to de-emphasize the harmful effects of distraction caused by talking while driving. According to the AAA Foundation for Traffic Safety, critics of the ban compare the level of distraction that cell phone use causes to those caused by changing radio stations, eating, drinking or smoking. However, even the ban's opponents acknowledge that it is relatively easier to crack down on cell phone use than most other contributors to distracted driving.
Detractors of handheld cell phone bans argue that more attention should be focused on targeting distracted drivers, rather than attacking drivers using cell phones specifically. Affecting behavioral changes in drivers, such as limiting eating or changing radio stations, is a noble idea, but not one that is likely to happen soon or without some coercion. The fact remains that laws can be used to crack down on drivers' cell phone use, helping to eliminate a major contributor to distracted driving. According to the Insurance Institute for Highway Safety, New York has seen a drastic decline in cell phone use since passage of the ban, citing 50 percent fewer drivers talking on handheld cell phones.
Although cell phone use contributes to only 6 percent of all motor vehicle accidents, it is a fraction that can be minimized by strictly enforcing ban laws. According the most recent study conducted by the Harvard Center for Risk Analysis, it is estimated that "2,600 deaths, 333,000 moderate to critical injuries, and 1.5 million instances of property damage" are caused by cell phone-toting drivers in the United States each year. A mere 6 percent? Any number of deaths and injuries that can be prevented is too significant to be ignored.
Granted, cell phone bans have proven difficult to enforce where they have been enacted. This is due to the prevalence of talking while driving. The power of the bans does not necessarily lie in their enforcement, but rather in the degree to which their consequences discourage reckless behavior.
The state of New Jersey has taken a different approach in its legislation, taking into consideration concerns that distracted driving should be targeted in general. Since it specifies that cell phone use while operating a vehicle is a secondary offense, drivers must first be violating another motor vehicle code before they can be pulled over. This compromise solves two important problems that arise regarding cell phone ban legislation. First, it removes an undue burden on police officers to pull over every driver seen using a cell phone. Second, the provision only intends to target distracted drivers, while imposing harsher penalties on those caught using cellular devices. Hopefully, this stipulation will be strong enough to deter drivers from talking on cell phones altogether.
Virginia has lagged behind most states with respect to cell phone legislation. Bills were proposed in both the Virginia Senate and the House of Delegates as early as January 2002, but both houses declined to take immediate action on the issue. Del. Dwight Clinton Jones sponsored a new version of the bill in the House of Delegates in January of this year. It was referred to the House Committee on Transportation and subsequently dropped within two weeks.
Many other states are currently looking into legislation similar to New Jersey's. The Virginia General Assembly must take a harder line towards drivers distracted by their cell phones. There is no sense in putting off the issue further. Waiting for the results of another study will only lead to the same, upsetting conclusion.
(Todd Rosenbaum is a Cavalier Daily viewpoint writer.)
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