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Does a life have to end for us to end phoning while driving?

Posted to: Kerry Dougherty Opinion

Kerry Dougherty
Virginian-Pilot columnist
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Kerry's blog

A New Jersey girl had to be abducted, raped and murdered by a paroled pervert before state legislatures around the nation would enact "Megan's Laws" forcing convicted sex offenders to register with authorities once they're released from prison.

Closer to home, two Virginia Beach girls had to be killed by a drunken driver - an illegal immigrant with previous brushes with the law - before many localities were shamed into abandoning their misguided "sanctuary city" policies.

So it follows that it might take something as shocking as the death of a state trooper by a cell-phone-yakking motorist for Virginia to outlaw wireless devices while driving.

It shouldn't, but it will.

Fortunately, the Sunday smash-up involving a Chevy Suburban and a State Police car on I-264 did not result in loss of life. But it was caused, police say, by the driver of the SUV, who they claim was chatting on her phone.

Of course, yammering while driving is perfectly legal here in the Old Dominion. Reckless driving isn't, however, and the driver has been charged.

Had the unthinkable had happened - if the trooper had sustained catastrophic injuries - we'd be awash in outrage right now. And lawmakers would do what they should have done years ago: ban the use of cell phones while driving.

What is it that prevents Virginia lawmakers from acting pre-emptively in the case of cell phones? Certainly not a reluctance to pass more laws; the Virginia Code thickens with each session.

A sweeping statewide cell-phone ban would undoubtedly save innocent lives and make our roads safer without interfering with the civil liberties of Virginians. Contrary to what some folks seem to think, we do not have a constitutional right to call our mothers, fight with our boyfriends or check up on the kids while doing 60 on the highway.

Every credible highway safety study links most accidents to distracted drivers. And many studies show cell phones to be one of the top distractions for motorists. Shoot, one 2006 report claimed that cell-phone talkers were as impaired as drunks behind the wheel.

Yet, our lawmakers shrug. Apparently the Virginia death toll isn't high enough.

Here's an idea: Law enforcement should demand the cell-phone records of every motorist involved in a crash. That would document just how many drivers are talking when they ought to have their eyes and attention on the road.

It's not only Virginia that suffers from legislative lethargy when it comes to cell phones. According to The Associated Press, the California Public Utilities Commission may vote today on an emergency order making it illegal for train operators to use cell phones while on duty.

Authorities suspect that the man operating the commuter train that collided with a Union Pacific freight train last Friday may have been text-messaging moments before the collision.

"Some railroad operators may have policies prohibiting the personal use of such devices, but they're widely ignored," declared Michael Peevey, president of the commission. "Our order would make it the law, and we'll go after violators. We owe it to the public."

Seems to me California owed this to the public before last week's grisly crash that killed 25 passengers and injured more than 135.

As usual, it took a tragedy to jolt lawmakers into action.

 

Kerry Dougherty, (757) 446-2306, kerry.dougherty@cox.net



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More laws don't always work

I live in California where this year a law was enacted requiring a hands-free device to talk on your cell phone while driving. I find it somewhat ironic that my personal "hands-free" device actually requires more hands and distraction than just answering my phone. When it rings, I have to fumble around for my little earpiece, plug it into the phone, then hold the earpiece to my ear because if I try to put it on it falls off my ear repeatedly so I have to fumble around for it in my lap or or the floor or wherever it fell. So, I'm a lot more hazardous trying to obey the new law than I am just flipping open my phone and talking. I'm still using one hand for a device that is supposed to be "hands free" and is technically legal, even though it doesn't practically work that way, and I have a lot more junk and wires to fool with and cause distraction.

I have to agree and disagree

I can drive and talk on my phone with no problems. It is apparent, that some people are not blessed with that ability. I don't think most of us should be punished because some people are unable to do two things at one time. If somebody is too uncoordinated to drive while they hold a phone (I put mine in my lap on speaker) they can get a Bluetooth. That should be no different than talking to a person riding in the car. If they wreck then, the law couldn't help them.

But I have to agree that texting, or watching the little DVD player, or monkeying around with a GPS while you drive is dangerous, and I have nearly crashed twice lately texting. I will not be doing that anymore.

I'm not big on the government interfering in my life more than it does, but some people won't regulate their own behavior, so it will be necessary for us to do it for them.

carlh

"It is an unfortunate fact of life that managers "need" to be in touch with their field representatives at all times. It is an equally unfortunate fact of life that parents "feel excluded" if they can't call their child to keep track of them."

Did you ever hear of voice mail? Leave a message and calls can be returned after the drivr has pulled over. Life really isn't all that complicated.

Will the legislature act to prevent cell phone use while driving

I suspect that the most we will get out of the legislature is an expansion of the definition of reckless driving to specifically include cell phone use, either talking or texting. We cannot expect more from legislators are paid do do the will of the people but they are elected by business interests, both large and small, through campaign contributions. It is an unfortunate fact of life that managers "need" to be in touch with their field representatives at all times. It is an equally unfortunate fact of life that parents "feel excluded" if they can't call their child to keep track of them. Does it scare me to be on the road with cell phone users. Of course but they are now a significant majority - two out of every three drivers are on the phone. Life is not meant to be lived free of all risk.

When common sense fails

People KNOW they shouldn't drive while talking on cellphones but they do it anyway. They keep telling themselves 'it won't happen to me' but it does. When people's stupidity stops them from doing the right, safe thing, it is time to enact a law. Kerry's got it right: how many people are going to have to die or be seriously maimed before such a law is passed?

how many elected officials

How many elected officials have you called or written to ban cell phones? It's a tough law to enforce, but is unenforcable if there is no law banning cell phones. Write and call the very people who CAN make this a law, and don't take excuses from them. Keep writing!

banning

I too, have been a "victim" of someone talking on a cell phone, going 40 on the interstate, swerving... and banning them would be a big step, but hard to enforce. On the Naval bases, cell phone use is prohibited, including headsets, but people still do it, and I have seen people drive right by a police officer, oblivious to him due to the distraction, and nothing happened. Enforcement will be an after effect like seatbelts. from my understanding, teens cannot talk on the cell phone while driving.

donva

"I just don't feel that we should endanger ourselves any longer, by putting up with the jackasses that wander all over the road, or cut out in front of us, because they're preoccupied with yakking on their cell phones."
Don - we agree on the end, just not the means. You want new legislation/more government, and I want the existing laws enforced. Which is more effective: (1) Citation for (demonstrated) reckless driving, significant fine and potential jail time, 5points on your record, and impact on your insurance, or (2) a misdemeanor ticket (~$25 plus court costs) for talking on a mobile device, similar to a seatbelt violation, probably not even a moving violation? Which would be more effective in changing the O/C's behavior? Which would entrap more non-offenders? Could you be cited for talking stopped at a traffic light? Perhaps now we can see why this new legislation is tough to craft. Just enforce the existing statute. Be well.

Cell phones make us clueless . . .

Not a traffic comment, but in line with the Walmart story.

At the P.A. Walmart once, a woman paused *in the automatic doorway* heading out of the store, to dial her cell phone. Notice, I did not say to *take a call.* She stood right in front of the door, keeping it open but blocking everyone trying to get out with carts, while she *dialed* and *began* a call. I thought at the time that I have never seen a better example of lack of situational awareness, as the military calls it. People backed up behind her with carts while she stood there blocking the door and chatting. Cheers, MGM

Lead by example

It's hard to teach kids that driving with a cell phone is bad when the cops do it too. To the Portsmouth PD officer, Car #536, trying to negotiate through downtown tunnel traffic Thursday afternoon while trying to talk on a cell phone...you are setting a fine example.

multitasking bad idea while driving

In general, I don't favor more legislation, but when so many people are too stupid to act responsibly, instead driving in a way that endangers my life and the lives of my family members, it's time to step in. Your freedom ends as soon as it impinges on mine. Most Americans are barely competent when driving without distractions - the last thing they need is to yak on a cell phone. I have been run off the road three different times by minivan drivers who were talking on their cell phones, none of whom realized that had done so. Those of you who claim that reckless driving laws are enough might as well advocate making DWI legal as long as drunk drivers don't cause an accident. It's the same thing. Bottom line is that it is the reckless behavior, in this case talking on a cell phone, that needs to be stopped. When did everyone become so important they need to be available 24/7, anyway? It's like seeing the guy at the Wal-Mart wearing a wife beater, cutoff jean shorts and flip flops with a Blue Tooth headset stuck to his ear. Expecting a call from the President, are we?

Is it legal?

Is it legal to read a book while driving? It's about as safe as using a cell phone.

Obsessive/compulsives and luddites.

"....I recognize the luddites among us will not agree, but, like red light cameras, this feel-good legislation is unnecessary." Sorry...I couldn't let this go. First of all, my first computer was a Macintosh back in 1984....I love technology. We're not luddites....we're just "mad as hell, and we're not going to take it anymore"!
I just don't feel that we should endanger ourselves any longer, by putting up with the jackasses that wander all over the road, or cut out in front of us, because they're preoccupied with yakking on their cell phones. I passed a woman as I walked into WalMart this afternoon. She was sitting in her car, talking on the phone. A half hour later, as I came out...you guessed it...she was still there, on that phone. These yakkers' obsessive use of cell phones is no different than a person's compulsive use of liquor. I don't care what people do when they aren't moving.....but we have to pass a law to get these obsessive/compulsives to hang up at speed, before someone else gets killed.

Gertz

No, bumper stickers can pretty much say anything you want, as long as it's not profane.

I have a question

Is it against the law to display a "Ban Cell Phones" bumper sticker on you vehicle?

No

Headsets have been proven to be no better. There is still distraction when they try to dial and answer calls. When driving 3000 pounds of death at 70 miles per hour, 100% of your brain needs to focused on not killing people. Get it?

"Closer to home, two

"Closer to home, two Virginia Beach girls had to be killed by a drunken driver - an illegal immigrant with previous brushes with the law - before many localities were shamed into abandoning their misguided "sanctuary city" policies."

It's sad that incident didn't make tougher laws on drunk driving. In case people don't know, people of every race and gender drink and drive. It's depressing that if the driver was an American, nobody would have cared that those two girls died and it definitely would not have made national news.

Hand held phones

Why can't there be a compromise. Ban the use of hand held phones but allow headsets. Don't get me wrong, I am all for banning all cell phones while driving but since the legislators won't give up their rights to the phones, maybe we can get some of them banned. Oh and definitely no text messaging period.

No to legislation

Enforcement of existing statutes is the key, not a prescriptive law in this matter. Seeking to modify human behavior in the advancement of technology is not the job of the legislature. More government will not solve this problem. Almost every poster here has eyewitness accounts of driver inattention while using wireless; I see it every day as well. If we can see it, so can the local and state constabulary. Stop, ticket and prosecute reckless driving charges using the statute already on the books for this purpose. I recognize the luddites among us will not agree, but, like red light cameras, this feel-good legislation is unnecessary. Simply enforce the law. Be well.

Save lives..

Save lives and increase revenue! Ban cell phones while driving and rake in the cash Virginia!

Driving Courtesy

40 MPH in the far left lane on I-264, yakking on a cell phone. I pulled out to pass someone and almost creamed this guy. Ban talking on phones while driving...enough said.

cell phone use

We don't need more laws to protect us from cell phone users. We need to enforce the laws that are already on the books. As you stated, Kerry, there are reckless driving laws on the books that require a larger fine than driving while talking on a cell phone. Washington D.C. has a law against driving while talking on a hand held device, but it's rarely enforced. Let's not ask the Government to get further into our lives, let's enforce the laws that are on the books now.

Ban cell phone use by drivers

For our legislators to continue to allow the use of cell phones by people operating a vehicle is as clear a dereliction of responsibility as there could ever be. We have significant traffic congestion costing all of us time and money. If the use of a cell phone while driving does not cause a wreck, it certainly causes traffic congestion continually. Cell telephone users don't think they are distracted, but their driving betrays their activity consistently. And, the "distracted driving" law will never be sufficient to correct the problem. If that law were sufficient, then a "don't drive faster than prevailing conditions warrent" law would eliminate the need for posted speed limits. Legislators, do something to make our roads safer and implement a measure that will make a noticable improvement in the traffic congestion problem: ban cell phone use by drivers.

as I recall

from the media, the biggest offenders of cell yacking and texting was from teens up to 24. I think the 24 is wrong and to be honest with you I see more women with a cell clued to their ear then men. Maybe it's just the roads I travel. At any rate, I have beeen active in writing and calling our elected officiasl about this issue for about 2 years now. I won't stop! I encourage everyone to do the same. We HAVE GOT to put a stop to this selfish behavior, and selfish is exactly what it is. No respect for others on the highway is shameful.

Should be banned while driving.

Remember, the newest cell phones include cameras, gps maps, movie and music download and playing capabilities, email, text messaging and, most important to many, the ability to surf the internet.

These are no longer just mobile phones....they are miniature entertainment centers, complete with viewing screens and sound systems.

I use cell phones, but not when I'm driving 60 miles per hour on a highway or country road.

I think their usage should be banned completely while driving. Period.

I wonder how much money the telecommunications industry spends wining, dining and filling the re-election coffers of our rulers and their poodles in Virginia, as well as nationally.

Morons

I drove by that wreck on 264 minutes after it happened. It's a true miracle that no one was killed by that stupid moron. I am nearly sideswiped on the interstate and downtown tunnel every day. They can't signal because their hands are full. I get behind them and watch them drift over then jerk the wheel back when they look up. The Federal govt should require a signal blocker chip in all vehicles such that when the ignition switch is on, the phone won't work. Simple fix, probably $5 per vehicle. People are morons and they won't quit by themselves, even if they DO kill someone. Write and call your legislators and DEMAND action, or you will not re-elect them.

Worth Re-stating

Why is it that you can pick out someone driving in front of you and quickly decide they are either drunk or using a cell phone?

The answer is simple. Their actions are very similar in nature, and create a similar level of risk to other drivers.

Cell phone use while driving should be banned

re: What is it that prevents Virginia lawmakers from acting

jpjones wrote:

They feel they need to use that time for "business." They can't stand "just driving" and "wasting" all that time.

My immediate retort would be what did they do 30 years ago (most have been there that long it seems)? And wasting time? It seems they've done PLENTY of that sitting in session, much less on the interstate talking on the phone!

Past Due

Its too bad I see just as many police officers on their cell while driving..... I completely agree though.... Hang it up.

Bravo.

As I was driving into work this morning I was almost ran off the road twice by people talking on cells phones and swerving all over the place, then getting stuck behind somebody in the left lane doing 45 MPH on I64 while talking on a cell phone (absolutely no one in front of them), then was followed by someone about 3 feet from my rear bumper (so close I could not see their headlights) talking on a cell phone.

Anyone who thinks they can safely talk on a cell phone and/or text while driving is insane. It is time to get these nuts off the road. HANG UP THE PHONE AND DRIVE YOUR CAR. My family's (and mine) life is more important than your stupid phone call.


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