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Driving nowadays is more hazardous than ever. As population increases, so does vehicular traffic, and motorists are as aggressive and impatient as they have always been. Talking on one's cell phone while driving has become a favorite pastime. Estimates range that between five and 10 percent of drivers are chatting on their cell phones at any given moment. Some studies suggest that cell phone use while driving, especially that of hand-held devices, is as dangerous as driving while intoxicated. But should states pass laws to prohibit cell phone use by drivers? The answer should be no.

The primary argument against a cell phone ban for drivers is the redundancy of such a law. Laws already exist that prohibit distracted driving. This might entail not only talking on a cell phone, but adjusting the radio, eating a sandwich, drinking a cup of coffee, shaving or applying makeup. Better that police should enforce existing laws than the state legislatures pass new ones. Naturally police should use discretion in enforcing distracted driving laws, just as it would be ridiculous for them to pull someone over for going 36 miles per hour in a 35 mile per hour zone.

Some, though probably very few, cell phone calls are important or even necessary on the road. Reporting an emergency qualifies, or answering the phone if you are expecting an urgent call, but have to drive somewhere anyway. A driver who gets lost may benefit considerably from listening to directions in real time, and a driver who gets caught in an unexpected traffic jam and calls his spouse or office to report that he is going to be late should not be ticketed. How dangerous is it to make a call when you are sitting in bumper to bumper traffic? Certainly there are many people who abuse cell phone use, but not everyone.

A punitive approach would likely be counterproductive. Better public awareness is needed to effectively address this problem. Drivers should be encouraged to make cell phone calls before or after arriving at their destination whenever possible, and to use hands-free devices when calls are absolutely necessary.

Learn more about this author, Allan M. Heller.
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