When a cell phone goes off in a classroom or at a concert, we are irritated, but at least our lives are not endangered. When we are on the road, however, irresponsible cell phone users are more than irritating: They are putting our lives at risk. Many of us have witnessed drivers so distracted by dialing and chatting that they resemble drunk drivers, weaving between lanes, for example, or nearly running down pedestrians in crosswalks. A number of bills to regulate use of cell phones on the road have been introduced in state legislatures, and the time has come to push for their passage.
Regulation is needed because drivers using phones are seriously impaired and because laws on negligent and reckless driving are not sufficient to punish offenders.
No one can deny that cell phones have caused traffic deaths and injuries. Cell phones were implicated in three fatal accidents in November 1999 alone. Early in November, two-year-old Morgan Pena was killed by a driver distracted by his cell phone. Morgan’s mother, Patti Pena, reports that the driver “ran a stop sign at 45 mph, broadsided my vehicle and killed Morgan as she sat in her car seat.” A week later, corrections officer Shannon Smith, who was guarding prisoners by the side of the road, was killed by a woman distracted by a phone call (Besthoff). On Thanksgiving weekend that same month, John and Carole Hall were killed when a Naval Academy midshipman crashed into their parked car. The driver said in court that when he looked up from the cell phone he was dialing, he was three feet from the car and had no time to stop (Stockwell B8).
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Expert testimony, public opinion, and even cartoons suggest that driving while phoning is dangerous. Frances Bents, an expert on the relation between cell phones and accidents, estimates that between 450 and 1,000 crashes a year have some connection to cell phone use (Layton C9). In a survey published by Farmers Insurance Group, 87% of those polled said that cell phones affect a driver’s ability, and 40% reported having close calls with drivers distracted by phones. Scientific research confirms the dangers of using phones while on the road. In 1997 an important study appeared in the New England Journal of Medicine. The authors, Donald Redelmeier and Robert Tibshirani, studied 699 volunteers who made their cell phone bills available in order to confirm the times when they had placed calls. The participants agreed to report any nonfatal collision in which they were involved. By comparing the time of a collision with the phone records, the researchers assessed the dangers of driving while phoning. The results are unsettling:
We found that using a cellular telephone was associated with a risk of having a motor vehicle collision that was about four times as high as that among the same drivers when they were not using their cellular telephones. This relative risk is similar to the hazard associated with driving with a blood alcohol level at the legal limit. (456)
The news media often exaggerated the latter claim (“similar to” is not “equal to”); nonetheless, the comparison with drunk driving suggests the extent to which cell phone use while driving can impair judgment.
A 1998 study focused on Oklahoma, one of the few states to keep records on fatal accidents involving cell phones. Using police records, John M. Violanti of the Rochester Institute of Technology investigated the relation between traffic fatalities in Oklahoma and the use or presence of a cell phone. He found a ninefold increase in the risk of fatality if a phone was being used and a doubled risk simply when a phone was present in a vehicle (522-23). The latter statistic is interesting, for it suggests that those who carry phones in their cars may tend to be more negligent (or prone to distractions of all kinds) than those who do not.
Some groups have argued that state traffic laws make legislation regulating cell phone use unnecessary. Sadly, this is not true. Laws on traffic safety vary from state to state, and drivers distracted by cell phones can get off with light punishment even when they cause fatal accidents. For example, although the midshipman mentioned earlier was charged with vehicular manslaughter for the deaths of John and Carole Hall, the judge was unable to issue a verdict of guilty. Under Maryland law, he could only find the defendant guilty of negligent driving and impose a $500 fine (Layton C1). Such a light sentence is not unusual. The driver who killed Morgan Pena in Pennsylvania received two tickets and a $50 fine–and retained his driving privileges (Pena). In Georgia, a young woman distracted by her phone ran down and killed a two year-old; her sentence was ninety days in boot camp and five hundred hours of community service (Ippolito J1). The families of the victims are understandably distressed by laws that lead to such light sentences.
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When certain kinds of driver behavior are shown to be especially dangerous, we wisely draft special laws making them illegal and imposing specific punishments. Running red lights, failing to stop for a school bus, and drunk driving are obvious examples; phoning in a moving vehicle should be no exception. Unlike more general laws covering negligent driving, specific laws leave little ambiguity for law officers and for judges and juries imposing punishments. Such laws have another important benefit: They leave no ambiguity for drivers. Currently, drivers can tease themselves into thinking they are using their car phones responsibly because the definition of “negligent driving” is vague.
As of December 2000, twenty countries were restricting use of cell phones in moving vehicles (Sundeen 8). In the United States, it is highly unlikely that legislation could be passed on the national level, since traffic safety is considered a state and local issue. To date, only a few counties and towns have passed traffic laws restricting cell phone use. For example, in Suffolk County, New York, it is illegal for drivers to use a handheld phone for anything but an emergency call while on the road (Haughney A8). The first town to restrict use of handheld phones was Brooklyn, Ohio (Layton C9). Brooklyn, the first community in the country to pass a seat belt law, has once again shown its concern for traffic safety.
Laws passed by counties and towns have had some effect, but it makes more sense to legislate at the state level. Local laws are not likely to have the impact of state laws, and keeping track of a wide variety of local ordinances is confusing for drivers. Even a spokesperson for Verizon Wireless has said that statewide bans are preferable to a “crazy patchwork quilt of ordinances” (qtd. in Haughney A8). Unfortunately, although a number of bills have been introduced in state legislatures, as of early 2001 no state law seriously restricting use of the phones had passed–largely because of effective lobbying from the wireless industry.
Despite the claims of some lobbyists, tough laws regulating phone use can make our roads safer. In Japan, for example, accidents linked to cell phones fell by 75% just a month after the country prohibited using a handheld phone while driving (Haughney A8). Research suggests and common sense tells us that it is not possible to drive an automobile at high speeds, dial numbers, and carry on conversations without significant risks. When such behavior is regulated, obviously our roads will be safer.
Because of mounting public awareness of the dangers of drivers distracted by phones, state legislators must begin to take the problem seriously. “It’s definitely an issue that is gaining steam around the country,” says Matt Sundeen of the National Conference of State Legislatures (qtd. in Layton C9). Lon Anderson of the American Automobile Association agrees: “There is momentum building,” he says, to pass laws (qtd. in Layton C9). The time has come for states to adopt legislation restricting the use of cell phones in moving vehicles.
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