Banning Cell Phones in Cars: Safety Measure or Cash Grab?

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Banning Cell Phones in Cars: Safety Measure or Cash Grab?

6:10 am on November 3, 2008 | Category: Mobile Devices, Cell Phones, Regulation, Editorials

In the past week, Ontario’s provincial government has announced plans to ban talking on the phone while driving, and Manitoba says that it is working on similar legislation. Cell phones are already illegal behind the wheel in Newfoundland, Quebec, Nova Scotia, and many U.S. states.

These laws are being based on the premise that talking on the phone while driving is necessarily dangerous… something which a number of researchers claim to have evidence of, but which has not been definitively proven.

Over the past couple of years, TeleClick has covered the debate over cell phones in cars in an objective manner, dutifully reporting studies like this one (which claims that cell phone use behind the wheel is as dangerous as drunk driving), while reminding readers that heavy-handed anti-cell phone legislation might not be the best solution.

The supposed compromise that legislators are embracing is to ban handheld phones in cars, while allowing drivers to talk on the phone using a hands-free device. But now, another study says talking on a hands-free device while driving is just as dangerous as using an ordinary cell phone.

Surely though, in terms of safety, talking on a hands-free device is equivalent to talking to a passenger in your car. Therefore, if all these studies are to be believed, talking to the passenger next to you is just as dangerous as driving while drunk… Should we ban all talking while driving? Obviously, such a proposal would look pretty ridiculous.

In reality, talking on a cell phone (hands free or otherwise), or talking to passengers while you drive are both potential distractions, but neither of them necessarily impairs one’s ability to drive. There are any number of distractions that could potentially hamper one’s driving ability, but we can’t arbitrarily ban all of them.

Personally, I have driven while eating a hamburger (once or twice), and driven while talking on a cell phone (not frequently, but a number of times). Based on my experience, I would suggest that eating while driving is considerably more hazardous, and I certainly wouldn’t make a habit of it. The act of eating behind the wheel is a potential distraction, but it’s not strictly illegal.

Many women routinely apply makeup while driving. I imagine that would be very distracting and again, not a good habit to get into. And yet, it’s not against the law.

The reality is that it is negligent driving, not any one activity, that is responsible for car accidents. If a vehicle is weaving all over the road while the driver is eating, applying makeup, talking on the phone, or simply not paying attention, a police officer already has the legal authority to pull them over and ticket them for dangerous driving. If a driver is witnessed engaging in such an activity immediately before having an accident, that can have a huge impact on whether the insurance company considers them “at fault” for the damage.

But if a businessman makes a quick call on his cell phone while sitting in a traffic jam, should the government really ticket him for it? What about someone who calls up a friend or family member while cruising along a deserted highway?

Giving the police carte blanche to fine people who are not a source of imminent harm or danger seems more like a needless cash grab than an urgent safety measure.

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“In reality, talking on a cell phone (hands free or otherwise), or talking to passengers while you drive are both potential distractions, but neither of them necessarily impairs one’s ability to drive.”

This is incorrect and has been proven time and time again. Talking/texting on your cellphone while driving is a hazard, while talking to somebody present in your car, while still not great, doesn’t even measure on the hazard radar by comparison. A

dd to that the fact is that it’s NOT necessary! Nobody is so important that they need to be yapping to friends while behind the wheel of a thousand pound vehicle.

As somebody who works for an insurance company, I can tell you the number of accidents that occur directly as a result of people talking on their phones is rapidly increasing.

While we are at it, lets sheild movie theatres and banks (or any business with a lineup queue) because I’m sick of the cellphone idiocy that goes on in these places (not as obviously dangerous as talking/driving, but sure not good for the blood pressure of those of us in line watching an idiot at the front of the line, yap to a friend WHILE being helped by a customer service rep.)

Comment by Ban'em — November 21, 2008 #
“This is incorrect and has been proven time and time again. Talking/texting on your cellphone while driving is a hazard, while talking to somebody present in your car, while still not great, doesn’t even measure on the hazard radar by comparison.”

–I’m just taking all these studies to their logical conclusion.
***
“As somebody who works for an insurance company, I can tell you the number of accidents that occur directly as a result of people talking on their phones is rapidly increasing.”

–Then your insurance company should pass a policy where drivers are held automatically “at fault” if they were talking on a cell phone at the time of the accident.

But is it really necessary to ticket somebody who makes a harmless call while sitting in traffic? If so, maybe cops just have too much time on their hands…

Comment by Jeremy — November 22, 2008 #
If a businessman makes a quick call on his cell phone while sitting in a traffic jam, and was given a ticket, that would be easy to fight in court. If it is stop and go traffic, then they shouldn’t be on the phone, they should focus on the road. That is why we have courts.
If someone who calls up a friend or family member while cruising along a deserted highway gets a ticket they would also be able to easily fight it. There are alot of laws that are put in place to raise awareness about dangers. Like the helmet laws on bicycles. You must wear a helmet to ride a bicycle. You don’t see cops handing out tickets to every cyclist. Now, if an accident happens between two cars, one driver was talking on the phone, the other not. The courts have more reason to side with the driver who was focusing more on driving. Unless they were eating a hamburger.

Comment by Paul Gillett — December 4, 2008 #
There are many times when using a cell phone, while driving, is important. Calling after witnessing a drunk driver swerving all over the road… calling about a dog, off its leash, darting in and out of traffic…. getting directions. Yes, I have done all of these and yes, I try every time to pull over. There have been times when I just could not without being more of a danger than if I continued to drive.

Personally, I have no idea why some folks want to talk, socially, on the phone while driving. That just does not make sense…. they sound like they need to take a meditation course and learn how to relax and focus. However, an outright ban on cell phone use while driving is just silly.
I agree with the other fellow who said that the insurance companies should make drivers automatically “at fault” if they were talking on a cell phone at the time of the accident.

Comment by Mike Shaw — May 1, 2009 #
I’d be extraordinarily interested as to how talking on a hands free is more dangerous than talking to a passenger.
Ever look briefly at your passenger during a conversation?
On the other hand, ever pause to look at the empty seat next to you during a phone conversation?

If you find yourself desperate to find a scapegoat for traffic accidents, I suppose cell phones are a sexier target than hamburgers, makeup, or children.
Fortunately for those of us with common sense, I doubt we will ever see the day that anyone is ticketed for talking on a hands-free, regardless of legalities.

As for the insurance “at fault” angle, it’s certainly a more appropriate response. However, will you have the same rule apply to those with crying children in the car? Food? Etc?

Given that it’s going to be nearly impossible to enforce any such laws, wouldn’t it be a better (even if still imperfect) solution to proactively address the issue and train drivers in responsible cell phone use?
When I’m on the phone, I pause my conversation when I so much as change lanes in traffic. Regardless of the conversation, my driving comes first.
So here’s a novel idea: Why not make it part of the licencing process? In order to pass your driver’s test, you’ll have to do it while talking on your hands-free.

End rant.

Comment by Mike Davidson — July 7, 2009 #