by Cameron Wutzke

Created on: April 23, 2009   Last Updated: April 24, 2009

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.

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