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Texting While Driving: Should the government ban texting while driving?
On a Wednesday afternoon in September 2010, Nicole Polizzi, one of the stars of the popular MTV reality show Jersey Shore, was suffering through a traffic jam in Newark, New Jersey, when she decided to tell the world about her predicament. While behind the wheel, Polizzi—who is better known by her reality-show moniker Snooki—used her cellular telephone to post a message to the microblogging website Twitter. "Ugh stuck in newark traffic is no fun," she wrote. "Stop and go traffic I'm killen myself here :( " Newark Mayor Cory Booker (D) took note of Snooki's message, and quickly responded with a warning: "I can give u a ticket 4 texting & driving," he wrote.
Text messages have become one of the world's favorite ways of communicating. The practice has exploded in popularity during the first decade of the 21st century, as more and more people use their cell phones to send short, private messages to their friends and relatives. Although this feature is technically called Short Message Service (SMS), most Americans refer to the practice as "text messaging," or simply "texting." During the calendar year 2009, Americans sent an estimated 1.5 trillion text messages—an average of 13 texts a day for every man, woman and child living in the U.S.
The widespread popularity of texting has created certain problems, however. Every day, many Americans follow Snooki's lead and send texts while driving. The problem with texting while driving is obvious—it distracts the driver while he or she is operating a moving vehicle, which vastly increases the risk of crashing. Indeed, studies show that texting while driving creates a crash risk equal to that of drunk driving. In 2008, the last full year for which data are available, nearly 6,000 people died in car accidents that occurred because of driver distraction, and it is safe to assume that many of those accidents involved texting while driving. According to a September 21, 2010, report on the PBS NewsHour, at any given moment, an estimated 250,000 American motorists are texting and driving.
Consequently, states have begun passing laws specifically prohibiting motorists from reading or writing text messages while behind the wheel. (The laws take a broad view of exactly what constitutes a "text message." Drivers who write e-mails—or even, as in Snooki's case, post messages to Twitter—can also be found guilty of texting while driving.) Since May 2007, when Washington State passed the first law banning texting while driving, 29 other states have followed suit. "It's the hottest safety issue in the states right now by far," said Jonathan Adkins, a spokesman for the Governors Highway Safety Association, a nonprofit group that advocates for stricter driving laws. Violators in most states face fines, but some states punish texting motorists with jail time.
Road-safety advocates have generally praised the laws, arguing that the distraction caused by texting while driving could lead to severe injury or even death. Critics, meanwhile, argue that the laws are unnecessarily restrictive and impossible to enforce. Are laws that prohibit texting while driving good policy?
Supporters of bans on texting while driving assert that texting motorists pose a significant danger not only to themselves but to countless innocent drivers, passengers and pedestrians throughout the United States. Texting while driving impairs one's ability to drive as much as being drunk does, proponents maintain, and no one would ever argue that drunk-driving laws are unnecessary. Supporters also point to polling data that show overwhelming support for making texting while driving illegal.
Critics of texting-while-driving bans maintain that such laws are inherently pointless, since there is no easy way to enforce them. Opponents further maintain that existing texting-while-driving laws have not been proven to affect Americans' driving habits, and in some cases, texting-while-driving rates have actually gone up since bans were enacted. Libertarian critics, meanwhile, argue that the bans are evidence of an encroaching "nanny state" in the United States, in which any activity that can be perceived as even slightly dangerous is outlawed without debate.
A Great Convenience, and a Great Distraction
In the waning days of 1992, Neil Papworth, a young engineer working for the telecommunications company Airwide Solutions in Britain, wished his friend Richard Jarvis a "Merry Christmas." The sentiment, of course, was far from unique, but the method by which Papworth sent his holiday greeting was unprecedented. Papworth had typed out the two-word message into his computer, then sent it directly into Jarvis's cellular phone, where it appeared on the screen mere moments after being transmitted. It was the first successful text message ever sent.
Since then, the use of cellular phones has grown exponentially. Once viewed as a luxury item for the wealthy, cell phones are now considered an essential part of everyday life. The rise of text messaging trailed the growth of the cellular phone market slightly, primarily due to technological limitations. But by around 2005, text messaging had become an indispensable feature of cell phones and an ingrained part of U.S. consumer culture.
The turning point in the United States, researchers say—the approximate moment when text messaging overtook cell-phone talking in popularity—occurred toward the end of 2007. According to Nielsen Mobile, a research firm that tracks wireless technology usage, the average American was sending and receiving approximately 218 text messages each month by the fourth quarter of 2007, compared with a monthly average of 213 cell phone calls placed and received. It was the first time Americans had used their cell phones more for texting than for talking, a trend that seems unlikely to reverse any time soon.
Today, cell phone owners can use text messages to buy concert tickets, make restaurant reservations or vote for their favorite American Idol contestants. Many organizations, ranging from mass transit authorities to weather forecasting services, offer consumers the chance to subscribe to text message alerts, notifying cell phone users of subway delays or approaching storm systems. In 2008, then Democratic presidential candidate Senator Barack Obama (D, Illinois) announced his choice of then Senator Joseph Biden (D, Delaware) as his running mate via a mass text message to supporters. Nearly two years later, in January 2010, the American Red Cross collected more than $32 million in donations to help the victims of a devastating Haitian earthquake through a widely publicized text-message campaign.
Although users of text messaging consider it a great convenience, many experts have argued that that convenience has come with a price. Specifically, some people have become compulsive texters, sending and reading messages at inappropriate times—particularly while driving a car.
Polls show that the vast majority of U.S. drivers—as many as 95 percent, according to a 2009 opinion poll published by the AAA Foundation for Traffic Safety—recognize that texting while driving is unacceptable behavior. The same poll found that 87 percent of drivers in the U.S. consider texting while driving to be a "very serious" safety threat. But other polls suggest that, despite their general disapproval of texting while driving, Americans continue to do it. Nearly half of those who said they were regular users of text messaging, 47 percent, have admitted to texting while driving a car, according to a June 2010 poll conducted by the Pew Internet and American Life Project.
Numerous studies appear to confirm the broadly held perception that texting while driving is dangerous. Perhaps the most notable of the studies was published in July 2009 by the Virginia Tech Transportation Institute in Blacksburg. Researchers installed video cameras in the cabs of long-haul shipping trucks, recording more than 18 months of footage, during which the truck drivers traveled more than 6 million miles. The researchers then analyzed the tapes, checking to see under what conditions the drivers crashed their trucks or were involved in close calls.
They found that the drivers' likelihood of getting into a collision or barely avoiding one increased 23-fold whenever they looked down at their phones to type or read a text message. They also found that, on average, texting caused drivers to take their eyes off the road for a full five seconds—approximately the length of time it takes to drive across an entire football field, end zone to end zone, at highway speed. According to the researchers, those findings are applicable to drivers of all types of vehicles, not just large trucks.
Other studies have determined texting to be a considerable distraction while driving, although not nearly to the same extent as the Virginia Tech study. Researchers at the University of Utah in Salt Lake City conducted their own driving-while-texting study, in which college students sent text messages while operating a sophisticated driving simulator. The study found that those students were eight times more likely to crash while texting. David Strayer, a University of Utah psychology professor and a coauthor of the texting-while-driving study, attributes the difference between the results of his study and the Virginia Tech findings to the fact that college students are likely to be better multitaskers than truck drivers, and the fact that trucks are more complicated to operate than ordinary cars.
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State and Federal Lawmakers Introduce Texting-While-Driving Bans
Studies such as those conducted by researchers at Virginia Tech and the University of Utah—combined with countless anecdotal reports of fatal car crashes caused by texting motorists—have prompted many state lawmakers to take action. In May 2007, Washington State Governor Christine Gregoire (D) signed the country's first state law specifically prohibiting texting while driving. As of September 2010, an additional 29 states have passed their own texting-while-driving bans, according to the Governors Highway Safety Association. Eleven of those laws were passed in 2010 alone.
The laws vary in many ways. For example, in four states, texting while driving is considered to be a secondary offense; law-enforcement officials can charge motorists with texting while driving only after they first observe them committing another offense (such as reckless driving). The other states that ban texting while driving treat it as a primary offense—i.e., texting while behind the wheel is reason enough to pull over a driver.
Penalties for texting while driving also vary drastically by state. In California, for instance, the punishment is relatively light; drivers who are caught texting there are subject to a $20 fine for their first offense, and a $50 fine for each subsequent conviction. Maryland, meanwhile, subjects violators of its texting-while-driving law to fines of up to $500.
The penalty for texting and driving in Utah, however, can be much more severe. Offenders could be fined up to $750 and even face as many as three months in jail. Additionally, if a texting motorist in Utah causes a crash that results in an injury or death, he or she could be charged with a felony, fined up to $10,000, and made to serve a maximum of 15 years in prison. Utah's texting-while-driving law is widely considered to be the toughest in the country.
In July 2009, shortly after the publication of the Virginia Tech study, four Democratic senators introduced a bill that would go a long way toward banning texting while driving on the federal level. The Avoiding Life-Endangering and Reckless Texting by Drivers Act—also known as the ALERT Drivers Act—would penalize states that chose not to pass texting-while-driving bans. States without bans in place stand to lose up to 25 percent of their federal highway funds each year—potentially, hundreds of millions of dollars—until they outlaw texting while driving. (The threat of withholding federal funds has been used before: In 1984, a similar federal law successfully pressured all 50 states into raising their minimum drinking age to 21.) As of September 2010, however, the progress of the ALERT Drivers Act has stalled; observers say it is unlikely to pass during the 111th Congress, which ends in early January 2011.
Transportation Secretary Ray LaHood has tried to bring more attention to the issue of texting while driving. In October 2009, he organized a two-day conference highlighting the dangers of distracted driving. More than 300 people—transportation experts, researchers, law-enforcement officials, legislators and family members of people killed by drivers using their cell phones to talk or text—gathered in Washington, D.C., for the conference, which LaHood described as "probably the most important meeting in the history of the Department of Transportation." Indeed, LaHood has made distracted driving the primary focus of his tenure as Transportation Secretary. "I'm on a rampage about this, and I'm not going to let up," LaHood said.
At the conference, LaHood announced that President Obama had signed an executive order banning federal employees from texting while using government-issued cell phones or driving government-provided cars. Several months later, in January 2010, the federal government enacted a law prohibiting commercial truck and bus drivers from texting while behind the wheel; violators face fines of up to $2,750. LaHood said that the federal government was not finished with restricting texting while driving. "This is an important step," he said, "and we will be taking more to eliminate the threat of distracted driving."
At the same time, television talk-show host Oprah Winfrey launched a campaign to raise awareness about the dangers of cell-phone use while driving. "A call or text isn't worth taking a life," Winfrey said. Many other celebrities have spoken out against texting while driving, including the pop group the Jonas Brothers. During their 2010 tour, the group held free softball games in many of the cities they visited, during which they circulated a pledge urging their teenaged fans to stop texting while driving. Studies indicate that teenagers who text while driving may be especially accident-prone, since they are inexperienced drivers and tend to send more text messages than adults. [See Using Visual Imagery to Discourage Texting While Driving: How Far Is Too Far? (sidebar)]
Such public-awareness campaigns have generally been met with praise by the U.S. media and public. Indeed, few would argue with the fact that texting while driving is a dangerous practice, or dispute that drivers should concentrate less on their phones and more on the road. It is the question of whether additional laws should be passed against texting while driving that has been the subject of debate.
Supporters Argue: Texting While Driving Should be Banned
Supporters of the texting-while-driving bans argue that the act is so obviously dangerous—and so obviously preventable—that it is impossible to justify keeping such an activity legal. "There is no equivalent to texting," Maggie McIntosh, a Democratic member of the Maryland House of Delegates, told the New York Times. "You absolutely must take your eyes off the road and your hand off the wheel, if not both hands, to do it. It absolutely is an action that should not take place in the car while it is moving." Studies suggest that texting drivers run the same risk of crashing their cars as drunk drivers, and no one would ever propose that drunk driving should be legal, supporters contend. Lawmakers must work to ban the clearly dangerous act of texting while driving, proponents argue.
The U.S. public overwhelmingly recognizes the fact that texting while driving is uniquely dangerous and should be banned, proponents say. An October 2009 CBS/New York Times poll found that 97 percent of Americans believe that sending text messages while driving should be illegal, compared with just one percent of Americans who think it should be allowed. The same poll found that half of all Americans think the punishment for texting while driving should be "about the same" as the punishment for drunk driving. Advocates argue that the American public quite rationally recognizes the dangers of texting while driving, and wants the practice to be legally banned.
One of the reasons texting while driving is so perilous is that the human mind simply was not meant to multitask to that degree, proponents of bans maintain. Even experienced drivers expend a huge amount of mental energy on the task of driving; humans simply lack the brainpower to text and drive well at the same time, supporters say. The performance of one of those tasks is likely to suffer, they note—and when the task that suffers is driving, the consequences can be deadly. People who text or talk on the phone while driving "will actually miss a lot of things that are in their visual periphery," David Meyer, a psychology professor at the University of Michigan, told National Public Radio (NPR). Unless lawmakers want American roads to be populated by drivers wearing virtual blinders, they should work to pass tough texting-while-driving bans, supporters argue.
Tough laws are necessary in order to combat the growing trend of distracted driving in general, proponents insist. Texting while driving is just the beginning, they note. "Phones are always getting smarter and more demanding, putting a multimedia empire at your fingertips while you're piloting a potentially lethal piece of artillery," writes New York Times columnist Maureen Dowd. Unless texting-while-driving bans are passed, supporters warn, generations of drivers will grow up with the idea that driving while texting, e-mailing or even surfing the Internet are all normal, risk-free practices. The appeal of texting while driving is so great, particularly among teenagers, that many software companies have developed applications that disable cell phones when they are in a moving car. [See New Devices Aim to Eliminate Distracted Driving (sidebar)]
Supporters of the laws dispute the conclusion that bans against texting while driving are pointless because they are difficult to enforce. They argue that public awareness of the issue of distracted driving is reason enough to pass the laws. "It's not just writing tickets—it's publicizing that tickets are being written," Anne McCartt, the senior vice president of research at the Insurance Institute for Highway Safety, told Time magazine. "A little bit of enforcement goes a long way if it's publicized," she continued. In other words, as long as the public knows that texting while driving is dangerous, and that motorists can be punished if they are caught texting, people will respond by texting less while behind the wheel, supporters argue. McCartt notes that the national "Click It or Ticket" campaign promoting seat belt use has worked in the same way: Relatively few people are actually punished for failing to wear a seat belt, but the mere fact that seat belt laws exist encourages people to use seat belts.
Proponents also scoff at libertarian critics who contend that texting-while-driving bans somehow infringe on Americans' personal freedoms. In fact, supporters argue, Americans do not have the right to engage willfully in acts that endanger themselves and others. Americans do not have the right to drive drunk, supporters say, so they should not expect to be allowed to text while driving, which possibly is just as dangerous. Libertarian critics "will always believe this is an issue of personal freedom," Steve Farley, a Democratic member of the Arizona House of Representatives, told the New York Times. "They don't take into account the loss of freedom when a texting driver runs into someone and kills them."
Opponents Argue: Texting While Driving Bans Are Ineffective
Many opponents of texting-while-driving bans say that the laws are great in theory, but in practice are so difficult for police officers to enforce that they are rendered practically useless. It is essentially impossible to determine whether a driver is sending a text message, changing the radio station, looking at the car's dashboard clock or just simply glancing down for no particular reason, critics note. In September 2010, the Washington Post reported that police officers in Fairfax County, Virginia, had issued just 16 tickets for texting while driving all year, precisely because the law was so difficult to enforce. "The enforcement problem [with texting-while-driving laws] is enormous," Russ Rader of the Insurance Institute for Highway Safety, referring to a federal law prohibiting truck and bus drivers from texting, told the Washington Post. "It's not clear that this is going to make any difference on the road in terms of crashes."
Indeed, even if a police officer does pull over a driver for suspected texting, it is virtually impossible for the officer to prove that texting occurred, opponents argue. Drunk drivers prove their guilt by submitting to and failing a Breathalyzer test, but no such test exists to prove that a motorist was texting while behind the wheel, critics note. Some proponents have suggested that police officers be given the right to seize cell phones from suspected violators, but critics say that such seizures are wholly unwarranted. "The police have no business going into my phone," John Wesley Hall, former president of the National Association of Criminal Defense Lawyers, told the New York Times.
Few critics actually make the case that texting while driving is a good idea; in fact, most acknowledge that taking one's eyes off the road to read or send a text message while driving is obviously a stupid thing to do. However, opponents maintain that one could say the same thing about any type of distraction—applying makeup, consulting a map or global positioning system (GPS) device for directions or attending to rambunctious children. Indeed, anything in a car can be perceived as a distraction, critics argue. While casting his vote against a texting-while-driving ban in Arizona in March 2010, state Senator Ron Gould (R) told the Arizona Daily Sun that fishing for the last ice cube in a fountain soft drink could cause a driver to lose focus, but "we don't have special legislation to outlaw Big Gulps." Texting-while-driving bans are so arbitrary that they defy comprehension, opponents contend.
Many critics point to studies that seem to indicate that bans on texting while driving have simply not been effective. For example, a January 2010 study by the Highway Loss Data Institute, a nonprofit research organization that provides data to the automobile insurance industry, found that bans on handheld cell phones have not reduced crash rates in any of the three states they surveyed (New York, California and Connecticut). A different study, conducted by the American Automobile Association (AAA) and published in September 2010, found that Californians actually text more frequently while driving than they did before that state's ban was enacted. And nationally, the frequency of deadly car crashes has declined even while the use of cell phones has grown: In 1995, there were 1.72 deaths for every 100 million miles traveled, but by 2007, there were only 1.36 deaths, a decline of 21%. "[I]t's hard to find definitive empirical support for the idea that our highways are awash in BlackBerry-spilled blood," writes Radley Balko of the libertarian think tank the Cato Institute.
Indeed, critics say that the laws are not only ineffective and arbitrary, but also redundant in many cases. Eight states have banned the use of handheld communications devices while driving, yet each of those states has since banned texting while driving—which is pointless, critics argue, since it is impossible to text if you cannot legally hold a cell phone while driving. Many critics argue that, by passing redundant texting-while-driving laws, state legislators are cynically pandering to their constituents. "These laws aren't about safety," writes Balko. "They're about symbolism."
Many opponents of texting-while-driving bans are, in fact, libertarians who argue that such laws encroach upon their freedom as Americans. They warn of a burgeoning "nanny state" in the U.S., in which every conceivable bad behavior is legislated against with little regard for whether the laws actually make sense. Just because an activity is stupid, and even potentially dangerous, does not mean that lawmakers should bend over backward to outlaw it, opponents say. "You cannot legislate responsibility," Washington State Senator Don Benton (R) told the Seattle Times. "Citizens need to be responsible for themselves."
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Distracted Driving Goes Beyond Just Texting
Some predict that some or all of the 20 states that do not have texting-while-driving laws as of September 2010 will adopt bans within the next few years. However, some experts are wondering if such laws adequately address the issue of distracted driving. They note that many of the risks involved in texting while driving are also present in the mere act of speaking on the phone while driving, as studies have proven time and again that cell phone use of any kind greatly increases the likelihood that drivers will get into car accidents. Banning texting "makes people feel good and makes it look like you're doing something, but you're not tackling the more difficult problem" of distracted driving, David Strayer, University of Utah professor, told the New York Times. "It misses the larger point."
Those experts say that drivers who use cell phones will continue to get into serious—and potentially deadly—crashes, because simply talking on the phone is distracting enough. Some have even suggested the idea of banning cell phone use completely for all motorists, under any circumstances. Indeed, the National Safety Council has already called for a total cell phone ban, and some observers have speculated that Transportation Secretary LaHood is laying the groundwork for a full ban on cell phone use while driving. Until that day comes, researchers say, texting-while-driving laws will remain at best a partial solution to the problem of distracted driving.
Bibliography
Balko, Radley. "There's No Way to Enforce a Texting While Driving Ban." Cato Institute, October 13, 2009, www.cato.org.
Cooper, Jonathan. "Arizona Senate Kills Texting While Driving Ban." Associated Press, March 2, 2010, www.ap.org.
Dowd, Maureen. "Whirling Dervish Drivers." New York Times, July 22, 2009, www.nytimes.com.
Hamilton, John. "Multitasking in the Car: Just Like Drunken Driving." National Public Radio, October 16, 2008, www.npr.org.
Halsey, Ashley, III. "U.S. Bans Truckers, Bus Drivers from Texting While Driving." Washington Post, January 27, 2010, www.washingtonpost.com.
"LaHood Pushes Federal Law to Quell 'Epidemic' of Distracted Driving." PBS NewsHour, September 21, 2010, www.pbs.org/newshour.
Lynch, Sarah. "Text-Messaging Behind the Wheel." Time, June 25, 2008, www.time.com.
Richtel, Matt. "Bills to Curb Distracting Driving Gain Momentum." New York Times, January 2, 2010, www.nytimes.com.
———. "Texting While Driving Banned for Federal Staff." New York Times, October 2, 2009, www.nytimes.com.
———. "Utah Gets Tough with Texting Drivers." New York Times, August 29, 2009, www.nytimes.com.
"Snooki Threatened with Ticket by Newark Mayor for Texting While Driving." New York Post, September 8, 2010, www.nypost.com.
Tucker, Lillian. "Bill Would Make Holding a Cellphone While Driving a Primary Offense in Wash." Seattle Times, January 16, 2010, seattletimes.nwsource.com.
Wagner, John. "Md. Is Latest State to Target Text Messaging by Drivers." Washington Post, March 18, 2009, www.washingtonpost.com.
Additional Sources
Additional information about texting while driving can be found in the following sources:
Crystal, David. Txtng: The Gr8 Db8. New York: Oxford University Press, 2008.
Regan, Michael, John Lee and Kristie Young. Driver Distraction: Theories, Effects and Mitigation. Boca Raton, Fla.: CRC Press, 2009.