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Because of our sense of self preservation, you will generally not find laws that prevent us from doing something that is obviously stupid, like driving off a cliff. Laws however do restrict our sensible use of technology, like maintaining proper control of our vehicle at all times. So you don't need a law that says, no driving while blindfolded; a blindfolded driver would not be in proper control of this vehicle. Secondly, you don't need a law that says, no driving with one eye patch; because a driver who has one eye may be able to control his vehicle and if he cannot he is in violation of an existing law.

You have a high probability of getting into an accident if you are driving with an eye patch, because depth perception is compromised. However, I am not aware of any study that correlates the use of eye patches with accidents or laws that restrict driving with an eye patch. If eye patches became the latest fad, some group somewhere would lobby for laws against them. To specifically target cell phone technology for driving restrictions is the same thing, it blames the pervasive use of the technology on the problem and the technology isn't the problem.

Drivers with cell phone technology also contribute to the overall safety of the roads by reporting accidents, drunk drivers or other violations faster than ever before. Would we make it illegal to use the cell phone in those circumstances as well?

Creating a new law makes people feel good, like they are addressing the problem. If an eye patch user or a cell phone user is unable to control his vehicle he is violating the existing law, the solution is proper enforcement.

Learn more about this author, Dave Nocera.
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