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Legislation is not Enough to Curb Cell Phone Use While Driving

Posted in Social Policy

Today we feature a guest post from blogger and D.C. resident Beckley Mason.  He takes on the rising issue of cell phone legislation.  Please enjoy.

The government recently warned that any use of a cell phone, hands-free or otherwise, is dangerous.  So why are car companies investing heavily to integrate communication devices in their new vehicles?  It’s probably the same reason McDonald’s keeps promoting Big Macs even though everyone knows the health risks: people want them.

In-car communication systems aren’t popular with everyone, though.  U.S. Transportation Secretary Ray LaHood has been vocal in his disapproval of systems like Ford’s Sync, which allows people to complete essential modern tasks, watch video they are simultaneously recording, connect to the internet, and sync with the applications on your phone.

As LaHood told the Wall Street Journal, "There’s absolutely no reason for any person to download their Facebook into the car.  It’s not necessary."

Maybe.  But desire, not necessity, is the father of consumer product innovation.  People are literally scientifically hooked on communication devices.  So Ford’s system wasn’t designed by some evil genius, it is simply keeping up with GM, Toyota, and other manufacturers that are trying to slake car buyers’ lust for communication at the tips of their vocal cords.

LaHood’s and the National Traffic Safety Board’s recommendation that states outlaw all use of cell phones while driving isn’t just a tough sell because major automakers have invested thoroughly in allowing us to use cell phones while driving, but also because state officials aren’t keen to legislate against the wishes of their constituents.

David Adkins, executive director and CEO of The Council of State Governments, said, "It’s just one of those things that would be the equivalent of the 18th Amendment today.  It’s a Prohibition that would not work.  I don’t believe most state lawmakers would say (the NTSB recommendation) is viable."  Adkins continued, "To check to see what’s for dinner and who’s going to pick up the kids, those are so ingrained as conveniences in our daily lives, to say that we’re not going to allow you to connect, that seems so unrealistic."

The metaphor falls apart when we consider that officials aren’t advocating a cell phone ban in bars or the privacy of your own home, but where their use can cost lives.  It’s drinking and driving legislation redux.  As such the NTSB won’t back down, and has called the proposed ban a step against “the new DUI.”

Where it can, the federal government is throwing its weight around on this issue.  There is now a near-$3,000 fine for interstate truckers—one of the few demographics under federal oversight—who use a cell phone while driving.

It seems like common sense to legislate against behavior that has been proven dangerous in multiple studies, but even states with strict laws aren’t seeing a sufficient decrease in accidents resulting from distraction, according to The Highway Loss Data Institute.  Its study found that while laws decrease the number of people who use phones, they do not impact crash figures like one might expect.  Seat belt legislation became uniform in the 1980s, and still only 84% of drivers and passengers buckle up.  Legislation alone won’t curb dangerous behavior, there have to be consequences and a comprehensive educational program as well.

Even in the long term, as technology accelerates, one wonders if legislation is the answer.  Though organizations like the NTSB and government voices like Ray LaHood should continue to rail against the evils of distracted driving, it may be more realistic to hope for systems that are more effective and safe.  Interactive systems that warn drivers about cars stopping short or pedestrians in the road are a good start.  If there are a rash of lawsuits over crashes resultant from in car communication systems, it might inspire some movement as well.  But today’s standard of government intransigence, personal negligence and companies rushing to develop the most distracting technology is little more than a recipe for unsafe roadways.

 

Beckley Mason writes a Bay Area Street Safety Blog for GJEL Accident Attorneys.