On Tuesday, the federal government formally barred truckers and bus drivers from sending text messages while behind the wheel, putting its imprimatur on a prohibition embraced by many large trucking and transportation companies.
“We want the drivers of big rigs and buses and those who share the roads with them to be safe,” said U.S. Transportation Secretary Ray LaHood. “This is an important safety step, and we will be taking more to eliminate the threat of distracted driving.”
LaHood has made the effort to curtail driver distractions a centerpiece of his tenure as the nation’s top transportation official. Some saw his announcement as a step that might ultimately fuel a push to ban cellphone use by all drivers.
Not buying it.
In 1995 there were 28 million cell phones and 42 thousand traffic fatalities.
In 2008 there were 276.6 million cell phones and 43 thousand traffic fatalities.
The total population also grew from 262 million to 303 million.
The motor vehicle fatality RATE per 1,000 pop has been going down while cell phone use has grown ten-fold.
It is my working hypothesis that french fries cause more motor vehicle accidents than cell phones.
Should we ban drive-thru lanes at all fast-food outlets?
No, just fast-food outlets.
The problem of course is what is the Constitutional authority for the Federal Government to do this however desirable it might be? The States can do this of course through their police power (“police power” is a legal term of art meaning that states can do anything unless they are restrained in some way, as opposed to a government of limited powers). I suspect the Feds will hang their hat on the ever elastic Commerce clause, the clause that ate the Constitution.
Reminds me of a joke one of my drivers told me when I was working at a trucking company:
“The other day some woman was yaking on her phone and cut me off. Made me so mad, I spilled my coffee all over my dvd player and my laptop, and it shorted out my microwave.”
Cause yes, I’ve been talking to drivers who were driving, and heard their instant messaging software beep in the background, and heard the TV. While they were writing down something I was telling them. Not all, not even many are that bad, but some.
Me, I see fewer drunks crashing and more texters. Perhaps that accounts for the statistical plateau No. 1 cites. Interestingly, while modern car design has lessened the chance of severe injury from a crash I’ve noticed that crashes attributed to texting which I’ve been at or heard about anecdotally tend to produce fatalities. Vehicle speed seems to be a factor – just one less thing one can be attentive to when typing and driving.
FWIW, I’m generally of the same opinion as Br. Michael regarding Federal and state powers as separated by the Constitution – although perhaps it may be argued that since cell phones are radio devices and the use of radio is a Federal perogative, it is entirely a Federal power to regulate cell phone use.
RE: “The problem of course is what is the Constitutional authority for the Federal Government to do this however desirable it might be?”
There is none. It’s another anti-Constitutional and thus lawless act of power-grabbing.
The US has no right to ban truckers from texting while driving.
Sick.
The states, however, DO!
If, like me, you have had a friend or relative killed by an inattentive driver, you would think that it is completely inappropriate for drivers to do anything else while driving. If you wish to use a phone or to text, pull over before doing so. An astonished relative reported back on his recent trip to the States at the way people used their mobiles while driving.
Eyes should be kept on the road, and only on the road when driving.
7, and they should.
RE: “If, like me, you have had a friend or relative killed by an inattentive driver, you would think that it is completely inappropriate for drivers to do anything else while driving.”
No, I wouldn’t, PM.
I think people should drive carefully.
I don’t think the Federal Government should get into our cars and nanny us. Nor do they have the right to do so, according to our Constitution.
They may have the right to do so in *other* countries — but not in ours.
Perhaps the Federal Government can inform us that we cannot listen to music while driving. Or the news. Perhaps the Federal Government should recall all car radios.
Perhaps forbid drive-thrus on long trips too. No eating in the car either.
Also no babies. Babies are, I have learned, immensely distracting.
And the State should mandate that all of us wear sunglasses on sunny days too. And helmets. And padding.