Are Cell Phones Driving You to Distraction?
By E. L. Eversman, Esq.
While people have varying opinions about legislating the use of cell phones by vehicle drivers, distraction appears to be the operative word at issue. Whether you are for or against cell phone vehicle use legislation, advocates and opponents agree that use of a cell phone has some effect in distracting the driver. The argument arises over how much of a distraction that use is.
Proponents of legislation argue that a driver's cell phone use significantly reduces attention paid to the task of operating a motor vehicle. In support, advocates cite a 1997 study by University of Toronto researchers published in the New England Journal of Medicine, finding that drivers using cell phones quadrupled their risk of collision - an increase equivalent to the collision risk of legally-defined intoxicated drivers. Advocates for Cell Phone Safety. According to the State Legislative Update published in October of 2002 by the National Conference of State Legislatures, a study released in 2001 by the University of Utah confirmed that cell phone use caused measurably higher levels of distraction than activities like listening to the radio.
Opponents, however, assert that cell phone use is no more distracting than listening to the radio, eating, or using the vanity mirror while driving. (The vanity mirror reference startles me. What could be more distracting than having your vision blocked?) The Cellular Telecommunications & Internet Association (CTIA) also reports that the findings of the 1997 New England Journal of Medicine study have been misinterpreted, and it cites a clarification in Chance (Vol. 10, No. 2, Spring 1997) in which the authors explain that the cumulative risks associated with driving while intoxicated are much greater than using a cell phone while driving.
The difficulty in making a scientific determination as to any increased level of distraction created by cell phones is the lack of data. As of 2002, only six states reported the number of collisions in which the use of phones or CB radios contributed to the accident. The number of states requiring the reporting of cell phone related crash information, however, has risen dramatically, and this will produce more statistically significant data.
What is the current law?
Internationally, there are four countries banning cell phone use while driving, and twenty-one others prohibit drivers from using hand-held phones. Neither Canada nor the United States are among the countries restricting use. For a complete list of the countries with restrictions on cell phone use, visit the National Conference of State Legislatures website.
In the United States, many people mistakenly believe that legislation addressing cell phones in vehicles will completely ban their use by drivers. The State of New York currently has the most restrictive cell phone driving use law, prohibiting drivers from using hand-held, but allowing "hands-free", devices. Issues remain, like what constitutes "hands-free" (is an ear piece/headphone acceptable?), which New York has yet to conclusively define, but the law is clearly not an absolute ban on use. While some other states are considering following New York's lead prohibiting hand-held devices, many cell phone bills being considered merely require law enforcement to collect information on their use when investigating collisions. According to Matt Sundeen, an attorney responsible for managing the National Conference of State Legislatures' (NCSL) program on cell phone use and highway safety, forty-two U.S. states are considering cell phone legislation in 2003, and many of those bills only address information collection and reporting.
Emergency reporting
Opponents of restrictive legislation are quick to point out that drivers' access to cell phones has helped people and saved lives, and there is no question that the ability to immediately summon assistance does increase the chance of survival - particularly when seconds count. According to Section 3 of Along for the Ride: Reducing Driver Distractions (March 2002) the NCSL's final report on driver focus and technology addresses the idea of a "golden hour" immediately following a crash. Based on medical and trauma-related information, the hour following a crash is often critical, and victims' chances of survival improve dramatically if they receive medical attention within that window of time.
There seems to be little doubt that cell phones have a valuable function in this situation, and even New York's cell phone law recognizes an exemption to allow for emergency contact. Although not distinguishing between vehicle and non-vehicle calls, the CTIA reports that over 150,000 wireless calls are made to emergency numbers every day. (Frequency of calls reported as of July 2, 2003). For accidents occurring in rural or less populated areas, a cell phone or other emergency technology can mean the difference between life and death. The Intelligent Transportation Society of America also reports that OnStar, the satellite communications system, rescued an Indiana driver involved in a head-on crash this April when his vehicle automatically registered the accident.
Not just about cell phones
Cell phones are not the only technologies distracting drivers. New technology appears virtually every day and vehicle drivers now have access to television, computers, faxes, and the internet - all while driving. The incorporation of these electronic devices into vehicles has the National Highway Traffic Safety Administration (NHTSA) concerned. Reported in a June 30, 2003 article by Harry Stoffer of Automotive News, Dr. Jeffrey Runge, head of NHTSA, says he has asked automakers and suppliers to provide information that they are testing electronic devices for their potential to distract drivers before including them in new vehicles but that the companies are not sharing the requested information. The fact that the head of the NHTSA has no evidence that automakers even consider the potential of driver distraction before they incorporate electronic devices into vehicles should have us all worried.
Car Talk?
Tom and Ray Magliozzi of National Public Radio's "Car Talk" advocate the principle "Drive Now, Talk Later." They even have bumper stickers available with that mantra. Soon, however, they may have to widen the scope to include: Drive Now -- Surf Later; Drive Now -- Fax Later; and Drive Now - Compute Later. Or they might simply choose to amend the current bumper sticker to read: "Drive Now. Live to Talk Later."
E. L. Eversman
The information provided in this column is for information purposes only and should not be construed as legal advice. You should always consult an attorney licensed to practice in your Country, State, and/or Territory as laws vary from Country to Country, State to State, and Territory to Territory. The author is delighted to share information but cannot be responsible for damage or adversity encountered by reliance upon that information and urges you to consult with local counsel.
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