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Honolulu city council member Charles Djou has proposed a bill that would ban text messaging and video gameplay while driving. See the Honolulu Star-Bulletin article, No driving and texting, and the Honolulu Advertiser’s article, Honolulu City Council considers ban on texting while driving, for more information.

A few of the comments on these articles suggested that police officers would encounter problems enforcing a text messaging ban. It’s unlikely that a driver will be pulled over for texting, especially if there is no state or Federal law on the books. A city law would be enforced on city streets.

It’s much more likely that these laws will be used to file additional charges related to a traffic or pedestrian accident.

Every mobile phone carrier also keeps a record of the time, date and content of each text message. The carrier’s logs may also note the cell phone tower that received the text message. That information is enough to link the message and the device to a specific time and location.

Carriers still include on the monthly invoice a time/date stamp and phone number for every text message. All the police have to do is subpoena the accused’s mobile phone carrier for these records.

It’s easy enough to spot someone who is text messaging. They’re hunched over their phone. Video game usage isn’t tracked by mobile phone towers if the device has no radio, but officers and eyewitnesses can still testify that they saw a distracted driver using a device.

When I lived in Florida, there was a state law that banned headphone use by drivers. This was in the early 1980s, when Walkmen tape players and radios were popular.

When I’m walking, I try to count the number of drivers who are wearing earbuds or headphones. I see too many people who drive with their ears covered, especially on scooters and mopeds. It’s amazing how little common sense some people have.

Image courtesy of bradleygee on Flickr through a Creative Commons license.