Distracted drivers and the law

by billso on Friday, 21 November 2008

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.

Man driving and talking on his mobile

Man dri­ving and talk­ing on his mobile

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.

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