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Should text messaging while driving be made illegal in Illinois?

Results so far:

Yes
82% 141 votes Total: 171 votes
No
18% 30 votes
Yes

Should there be a law against sending text messages while driving? On the surface this may seem like an unnecessary question. Of course there should be.

However, on closer inspection, the question needs further analysis and could be broken down into two parts. Is it wrong to send text messages while driving? and should there be laws against all potential distractions while driving?

Clearly when a person is driving, their attention should be focused on the road and on other traffic. However, modern cars equip drivers with devices which might easily cause a distraction. Car radios, for example, have a number of controls which could take a driver's attention from the road. The use of a cigarette lighter requires that a driver looks where he is putting his cigarette, thus it is also a distraction.

The development of personal mobile telephones has added a whole new dimension to the problem. Answering a call on a mobile phone while driving is bound to cause a distraction, but making a call is even worse, as a person needs to look in order to press the right keys.

Writing and sending a text message is probably at the extreme end of the distraction scale, requiring as it does a relatively complicated set of button pressing in order to make it possible.

People in the UK were horrified a few years ago when a truck driver drove into and killed a pedestrian while having a text conversation with his girlfriend. What was most remarkable about this case was that even at the very moment at which the driver realised he could not avoid the collision, he still felt able to send the message: 'S. . t!' to his girlfriend.

So should laws be passed to outlaw these activities? Not necessarily. It would depend on the common sense of motorists.

If drivers can make the decision for themselves to be careful and not be distracted, then there is no need for legislation. I cannot recall anyone being found guilty of dangerous driving by virtue of using a car radio or cigarette lighter, which implies that drivers are sensible in both respects.

However, mobile phones provide a higher level of temptation. There have certainly been cases brought against drivers for causing death by dangerous driving while using a cell phone. Most of us will have seen drivers using a phone at the wheel, and will have witnessed the erratic motion of a vehicle which results from the driver's distraction.

Since it seems that drivers are unable to make the sensible decision for themselves not to use a phone, then legislation is needed to persuade them, and persuade them forcibly if necessary.

The same applies to text messaging, and in fact a general ban on all use of a telephone by a driver while a vehicle is in motion would be appropriate. Such laws have been in place in the UK and other European countries for years. I cannot conceive of any possible reason a person might give for this type of legislation to be either unfair or unreasonable.

Laws are in place requiring all car users to have seat belts fastened while a vehicle is in motion. If we can have laws to protect the safety of drivers and their passengers, we should certainly have laws to protect the safety of other road users.

There have also been cases of drivers being prosecuted for taking a drink from a bottle of water on a hot day while sitting at the wheel, but stationery in heavy traffic. The argument given by the police was that the driver was not in full control of the vehicle. Exactly the same reason would apply for a law against the use of a cell phone while driving.

If drivers cannot make these sensible decisions for themselves, the law must persuade them and help protect other road users who may be seriously at risk from a driver's lack of attention.

Learn more about this author, Keith Redfern.
Contact this writer Click here to send this author comments or questions.

No

It is imperative that, in matters of public safety, the utmost control and caution be exercised. To that end, text messaging (texting) while driving must be abolished root and stem, as it distracts the attention of the driver and endangers not only the occupants of the vehicle but all other drivers in a reasonable proximity. This does not, however, mean that a law must be passed rendering the action illegal. To the contrary, it would be a gross overindulgence of regulatory authority if such a statute were created.

A similar bill has already been passed into law in the state of Maryland. At first glance, it seems only natural that such a dangerous action should be legally prohibited. As a Maryland driver stated on a local news broadcast, she was guilty of texting behind the wheel, was involved in a crash whiled doing so, acknowledged the danger and was pleased that the law was passed.

This anecdote, seemingly supportive of the proposed Illinois law, illustrates precisely why such a law is unnecessary and redundant. The driver was fully aware of the danger of texting while driving, and proceeded to do so regardless of the potential consequences. As humans, we are generally aware of the risks inherent in our behavior. It does not require massive intellectual capacity to conclude that taking our attention away from the task of piloting a motor vehicle is dangerous to ourselves and those around us. This idea should be ingrained in every driver prior to obtaining their license.

A law prohibiting this behavior should not be necessary. To pass this bill into law absolves drivers of the necessity to consider the consequences of their actions. It is not a law to decrease your speed upon observing the lit brake lights of the car in front of you, it is a basic driving skill. Similarly, it should not be a law but a civic duty to refrain from texting while driving.

In addition to the common sense factor involved in leaving this law unwritten, there are also significant issues with enforcement. Standard police vehicles are low, offering only a limited view of what is occurring below the driver's shoulders. To observe this proposed crime in action, an officer would need to be elevated above their comfortable and safe driving position and directing their attention not towards the road they are travelling, but towards the offending driver's hands. The solution would be equally as dangerous as the offense. Also, there is little visual difference between turning a phone off or ending a call (talking behind the wheel is perfectly legal in most states, on the condition that a hands-free headset is used) and entering a text message. Little could be done to prove the prosecution's case in such an event, short of ordering a warrant to examine the phone records of the offender. Judicial resources would be wasted in court trials for petty misdemeanors by a great many offenders using the excuse that they were not texting, but using their phone in a perfectly legal manner.

While texting behind the wheel is inarguably dangerous, it is redundant and wasteful to pass a law for its prohibition. The tax dollars that would be spent in the enforcement of this common sense policy would be better used for the apprehension of more tangible offenders, such as intoxicated, incompetent or overly aggressive drivers. A driver who is texting behind the wheel will undoubtedly make a visible mistake quickly enough without making the act itself a legitimate cause to pull them over.

Learn more about this author, Cameron Wutzke.
Contact this writer Click here to send this author comments or questions.

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