Driving and Texting
 

I kind of want to put this out there and get opinions on it.

Pennsylvania law just went into affect today making it illegal to text while driving. I agree with this and making it hands free. It's called blue tooth people let's be safe about it. When I get into my car and drive everyday my phone automatically connects with my blue tooth in my jeep and my phone stays in my pocket. Now with that said just to clarify.

I like this law, but I have one problem with how it could be abused on the end of the officer. He/she can pull you over on suspicion of texting and if you weren't apparently he/she can ask to see your phone as proof. This is were I start to have problems with it. I don't need some cop going through my personal messages just to prove my innocence. Those are my private messages. I am all about freedoms and rights and I am not about to comply with something that gives up my freedoms as a US citizen just to entertain this notion.

My question is, wouldn't they need a warrant to technically search your phone if they are not arresting you?

So I need some lawyer friends to chime in and give me something that will hold up when I say it to the officer to prevent my privacy from being invaded.

I heard this last night ,and they also have the right to subpena your phone records. Not so sure I like this part. They do not have to right to confiscate your phone.

Sacrifice some privacy for safety on the road.

We here in New Zealand made it illegal to txt or talk on a hands held mobile a year or so ago and it certainly "feels" safer not to see some stupid teen txt-ing while selecting tunes on the ipod and doing the compusary for any self respecting teen; driving faster than everyone else.

My opinion is it's impaired driving and should have the exact same penalty as DUI.
Your text is not worth my child's life.

Should he look at your phone? Maybe not, but it it would be up to the defendant to prove that he was not texting. How about it being seized on the spot in sealed evidence till the warrant can be signed?

Are you sure you understand what the law actually does?

I found this summary, which says nothing about the officer inspecting the phone or obtaining the phone records. It does say it is a $50, no-points ticket. Seems ridiculous to think the district attorney will be subpeonaing phone records to prosecute a $50 citation.

"What the Law Does
 The law prohibits as a primary offense any driver from using an Interactive Wireless Communication Device (IWCD) to send, read or write a text-based communication while his or her vehicle is in motion.
 Defines an IWCD as a wireless phone, personal digital assistant, smart phone, portable or mobile computer or similar devices that can be used for texting, instant messaging, emailing or browsing the Internet.
 Defines a text-based communication as a text message, instant message, email or other written communication composed or received on an IWCD.
 Institutes a $50 fine for convictions under this section.
 Makes clear that this law supersedes and preempts any local ordinances restricting the use of interactive wireless devices by drivers.
The penalty is a summary offense with a $50 fine, plus court costs and other fees.
The violation carries no points as a penalty and will not be recorded on the driver record for non-commercial drivers. It will be recorded on commercial drivers’ records as a non-sanction violation.
The texting ban does NOT include the use of a GPS device, a system or device that is physically or electronically integrated into the vehicle, or a communications device that is affixed to a mass transit vehicle, bus or school bus. The law does not authorize the seizure of an IWCD."

I also found this news story which quotes some police chiefs who apparently think their officers cannot look at your phone.

Texting-while-driving ban starts in Pennsylvania this week; police have enforcement concerns | lehighvalleylive.com
"If we can prove it, we'll enforce it or attempt to enforce it," Wilson Borough police Chief Steve Parkansky said. "However, it's going to be very difficult. Short of someone admitting they were texting, there's not much we can do. We can't look at the phone, we can't seize the phone, so our hands are really tied."

I don't know what the law actually says, that's up to you (the OP) to figure out. I
am just suggesting that you should do the necessary work to figure it out. Might take you half an hour on Google if you are really slow.

If your phone is safely tucked away in your pocket, how would the cop even know you had a cell phone?

Randy

It's very simple, phones should lock up at anything over 5 MPH. To activate them, you should have to enter a password. If you are alone in a car, traveling, and have used the password, you should be considered guilty once the history is examined. If you come to a stop for more than 2 minutes, the phone should unlock. If you need it for an emergency, use the password and explain that later.

Voice use of a phone while driving, hands free or not, is a distraction that cannot be permitted. It goes w/o saying that texting is outrages and should be considered negligent and therefore reckless driving and come with the same penalty.

This isn't a foking seat belt law that costs 50 bucks. Texting should cost 500.

A coworker in NJ has actually gotten a ticket for using a cell phone while driving. He says that he was just looking at the phone, not actually making a call or texting, but apparently, that was enough that the cop saw him being distracted and not watching the road and gave him a ticket.

While I fully agree that it would be a lot safer to have this ban and I do my part to add to the safety. I don't want anyone to get me wrong here. I am completely against texting while driving and using a hand held for a phone call.

I don't feel that I should sacrifice my privacy.

Here is why: I am a chemist and have a lot of correspondence on my phone with other colleagues discussing chemicals, testing, ordering and what not. All I need is for some idiot over zealous local cop to miss read that as something bad and try and arrest me for possible terrorist activities charge which would be totally bogus. Then there I am sitting in a jail until they collect evidence and put together a case for a judge, while I miss work, possibly get fired and waste my time just because I chose to sacrifice my privacy. Yeah I know I am not doing anything wrong, but how is the officer going to interpret that.

I push one button on my steering wheel. My music mutes and the name is displayed across my radio no different then a radio station and it speaks the name to me. Me talking into thin air is no different than talking to someone sitting in the passenger seat. To make a phone call I hit the same button on my steering wheel and say call: persons name. My eyes never leave the road and hands never leave the steering wheel. You are a bit ridiculous. In your definition picking your nose would be a distraction.

It's the same way in the UK.

Good.

I agree, my buddies Goldwing's GPS locks up as soon as you put it in drive. I would step it up and make the manufacturer legally liable for any injury/death due to texting and driving due to their device.
I bet they would then have locking technology on their devices PDQ.

So you guys have never talked to a passenger, consulted a map, changed the radio, looked for an address, yelled at a kid, etc, or any of the other million things that can be distracting while driving?

Instead of trying to ban things that might be distracting (passengers being the ultimate distraction IMO) why don't we focus on making people better drivers through better education and licensing.

Phones should not text or call out when moving (auto speeds via gps). Sorry train riders!

We have a ban on hand held devices here, last month during a safety blitz almost 2000 drivers were charged.

I have absolutely no sympathy at all, anyone who does this is irresponsible.

I believe if you are on a public highway and are suspected of being an immediate threat to public safety the police should be able to confirm whether you were being a threat on the spot. This is a case where I would rather see an err on the side of safety and against an absolute guarantee of privacy in a public place.

The only information relevant to the inspection of your phone is the time - not the content - of your last use.

complicated laws are bad laws.

How 'bout; "you were swerving severely." -no smell of booze- "here's a ticket for distracted driving." (?)

+1.

I have a hunch that the sentiments in this thread mirror a generational divide.

I think you're a little quick to necessarily pass judgement, Mr. Henry. My brother-in-law received a similar ticket. Someone called, his phone rang, he glanced at it to see who was calling (did not answer the phone), and bingo--got a ticket for that. He was stopped at a red light at the time.

When we first had the ban on texting and non-hands-free cell phone use in CA, I was all for it. (And I'm still anti-texting while driving.) But I have relatives in MA, where there is no such law about cell phone use. People drive and talk with a phone in their hand all the time. And I've noticed that it's not any significantly more dangerous to drive in MA compared to CA. Cell phone in hand or not, distracted driving is distracted driving. Those who can drive and talk safely, do just that. Those who are distracted by their cell phone, or the color of their nail polish, or the sandwich they're eating will always be just that: distracted. Not that I want to give them any more stuff with which to distract them from the main task at hand--driving. But now when I see someone on their phone while they're driving, I don't get all self-righteously pissy. If they're driving safely, they're driving safely. If they can drive and talk and chew gum all at the same time without compromising my safety, more power to them.

Impared driving and it drives me crazy when I see people do it. We have this law in WA. It does no good. I have seen no difference. I have a 10 minute drive to work and see multiple people everyday on their phones. I can usually spot them ahead of time. Car moving a bit slower than traffic, zig zagging a bit. Idiots.

I don't think anyone can text and drive well. Texting and talking are different.

I'm inclined to agree with jyl, but I'm sure there are exceptions.

I have about a 15 minute commute and rarely ever get a call in the evening unless there is an emergency in the lab and I just left. Other than that... people can wait 15 minutes to hear from me. Again I have blue tooth to answer those calls.

The morning on the other hand, I don't even want to see a phone. That's my quiet time drive into work to clear my head. I don't know what everyone has to talk about so bad in the morning.

Horray for more laws! I say we arrest anyone that doesn't have their hands at 10 and 2, eyes straight forward. Perhaps we also ban climate control, radios, and navigation devices?

Texting while driving is stupid, but so is this law.

Tragic Irony: Teen Dies While Texting The Dangers Of Texting And Driving


Tragic Irony: Teen Dies While Texting The Dangers Of Texting And Driving
Parents make plea to outlaw texting and driving in Idaho



Taylor Sauer, a college student driving home on a lonely road, was texting with a friend via Facebook when her car crashed into a tanker truck at 80 miles per hour, killing her instantly. The tragic irony of the situation was revealed in her phone records shortly after: At the time of the accident, she had been texting about the dangers of texting and driving.

Her last message, sent moments before the crash on Jan. 14, said, "I can't discuss this now. Driving and facebooking is not safe! Haha."

According to the phone records, Sauer, 18, was posting on Facebook about every 90 seconds.

"I think she was probably (texting) to stay awake, she was probably tired," Taylor's father, Clay Sauer, told Ann Curry on The TODAY Show. "But that's not a reason to do it, and the kids think they're invincible. To them, (texting) is not distracting, they're so proficient at texting, that they don't feel it's distracted driving."

Taylor's parents have since become activists in their home state of Idaho, trying to get the government to pass laws against texting while driving.

(See the clip from TODAY above).

Because of texting-while-driving deaths like this one, the federal government is moving to limit in-vehicle communications technology that turns cars and trucks into virtual rolling smart-phones.

Last month, U.S. Department of Transportation secretary Ray LaHood announced a new set of proposed distracted driving guidelines for automakers that would limit the use of in-car tech solutions that are "not directly relevant to safely operating the vehicle, or cause undue distraction by engaging the driver's eyes or hands for more than a very limited duration while driving."

Specifically, DOT is recommending automakers withhold technology packages that require both hands to operate or that could take a driver's eyes from the road for more than two seconds. Further, DOT wants technologies that require detailed input from the driver to be disabled while the car is out of park. That would include text messaging and internet browsing along with such tasks as address entry into navigation systems and manual phone dialing.

Future guidelines may include recommendations to manufacturers of aftermarket devices like smart-phones, portable GPS units and tablet computers. It's important to note that these guidelines are recommendations, not mandates.

The controversy that will play out in the coming months and years is obvious: Drivers are so attached to mobile devices that if automakers don't keep innovating ways to stay connected hands-free, people will inevitably be drawn to using their mobile devices in ways that, it can be argued, are more dangerous.

To read more on incidents of texting tragedies, try reading: Death By Texting, about a Michigan man convicted under a new state law, and More Death By Texting stories.

I knew this would be a good discussion.

I couldn't agree more with this thought. The topic of cell phone usage has been discussed a number of times on this forum. I have previously stated this; contrary to what some may want to believe, one cannot multi-task with any degree of efficiency. I also recall a statement by a board member,(RWebb maybe??) aircraft cockpit protocol & procedure consists of 3 distinct & separate tasks & are performed in the following order: aviate, navigate, then communicate. I might add, these tasks were drilled into us in 'ground school'. The whole cultural thing of cell phone usage while driving should eventually be made a form of "antisocial behaviour", in the same manner as DUI. I realize this will be a difficult & big step given the present & entrenched attitudes of some of the general public. It is becoming quite hazardous 'out there' & there have been more than a few unnecessary tragedies that have occurred on our streets & roadways directly related to driver distractions. Apologies if my 'rant' constitutes a thread hi-jack. The subject of cell phone usage while driving really pi$$es me off!

Respectfully
JB

By that logic, we also need to ban conversation.

Good story from a former co-worker.....

Many years ago he was driving by the city park in my hometown of Manhattan, KS. The park is right by the Kansas State campus, and more importantly pretty close to many of the sororities and college apartments. In the summer there's lots of good, um, scenery to be had. So he's driving past the park checking out the views, and suddenly hits another driver head-on. The speed limit is only 30 MPH and neither is seriously hurt, but after some conversation they both admit they had been checking out the women instead of watching the road. When the cops show up they both admit fault, checking out the scattered ass and drifting into each other. The cop's reply was classic. "Boys, I can't put that in a report. I'll just say you swerved to avoid a dog". :D

And changing the radio station and the climate controls.

Couldn't agree more.

I share your concern 100%

Our country is going down the ****ter because we give up too many rights foolishly (like the entire TSA's existence)

Ok so for those who dont like the law, one simple question...

Whats the solution??? ( and dont give me that driver education bull****...)

Just enforce the laws already on the books... reckless driving...etc..

Anyone dumb enough to be texting while driving needs to have a serious accident (hopefully not injuring anyone else)

I have no tolerance for texting while driving. If you get caught it should hit you where it hurts before you kill someone. Not sure of the solution but I've had too many close calls and the offenders just don't seem to care so they need to get whacked with something that will get their attention.

I ran three errands yesterday. Approximately 15 miles. I'll bet I saw nearly every possible traffic infraction. Enforcement is zilch. Motoring is chaos.

Here is a solution. Car companies already have the tech to disable your GPS and video controls while the vehicle is in motion assuming you have it stock.

In Pennsylvania we have to under go yearly inspections.

Develop a technology that disables text messaging, data and GPS controls on your phone. The vehicle will need to be in park to re-enable these features. It will work through the wireless tech and be matched to your phone, so you don't affect other around you or passengers in the car. Along with this tech if a bluetooth is activated you can still make and take phone calls via hands free. If no bluetooth is connected then the phone call feature is also disabled expect Emergency 911.

Then every year when your car gets inspected, if there is any sign of tampering you automatically get a fine.

This will get rid of the problem, and avoid constitutional rights and privacy from being violated.