What is the most widely ignored/violated law in California?
While there is no way to know for sure, given a recent report saying more people have access to mobile phones than to toilets, texting while driving has to rank near the top.
It is a topic that has been in the news again lately. In late March Judge W. Kent Hamlin issued a ruling in People v. Spriggs confirming that the use of a mapping/gps application (app) on a mobile phone is in violation of the statute prohibiting texting while driving. In the ruling the judge pointed out problems with the California law, but said it is the job of the Legislature to fix it. How to fix it is a vexing problem.
The impulse to defend the use of a map app is understandable. However, the act of typing an address or reading directions on a phone based mapping app is functionally no different than typing or reading a text message. Both require drivers to divert their eyes from the road and take at least one hand off the steering wheel. Further, there is no way for law enforcement to know which app a driver was using, rendering the enforcement of the law impossible.
The simplest and best solution would be personal responsibility. Drivers need to be aware of the danger and understand the implications of their actions. If drivers all turned off their phones, put them out of reach and temptation, or operated them only in "hands-free mode" the problem would be solved.
But, personal responsibility seems to be lacking. Anyone who spends any time driving can see firsthand the number of people holding phones to their head or reading the screen. It’s hard to get in the car for even the shortest of trips and not see at least one person in violation of the law.
California’s laws have been in effect for several years now, but have only been marginally effective. Given Judge Hamlin’s ruling, the difficulty in enforcing the law, the number of violators, and the consequences of an accident, the Legislature will likely address the issue again soon.
When they take up the issue, there are three things the Legislature can and should do.
1) The Legislature should toughen the penalty for cell phone use while driving. Road tests show that drivers who text have similar driving patterns and behaviors as drunk drivers. It would be impossible to raise the penalties to the level of drunk driving. But the Legislature should significantly increase the fine and/or add a second point to the driver’s record.
Stiffen the penalty for other infractions if it can be determined that the infraction was the result of distraction by cell phone. Related to that, a driver who is involved in an accident while using a cell phone should be required to bear more of the liability.
Young, teenage drivers should be completely prohibited from using cell phones while driving, even in hands free mode. Penalties should include loss of license for a month, or six months, or more.
While the chances of getting caught won’t increase, the consequences of getting caught will. And that alone might be enough to deter some people.
2) Outreach and education efforts need to be increased. The public awareness efforts surrounding the law have probably done far more to avoid accidents and save lives than the law itself. There have been some devastating commercials "demonstrating" the consequences of texting while driving. Those ads have been hard hitting and graphic, very much in line with the anti-drunk driving campaigns. Seeking out new and innovative ways to continue that message and make the point to more people will make a big impact.
3) Technology must be part of the solution as well.
First, the car manufacturers and cellular companies (manufacturers and service providers) need to acknowledge that used in combination, their products significantly increase the likelihood of a driver getting into an accident. That acknowledgement should not make them liable for damages, but they should be good corporate citizens and work together to come up with solutions.
There are multitudes of possibilities, starting with integrating cell phone holders into cars. Build in docking stations, perhaps on the dashboard so the gps features can be used in the heads up mode. That would put the phone out of easy reach, but allow voice activated phone calls, while inhibiting hand held texting.
Technology for controlling certain phone features, particularly texting, voice calls and mapping should be integrated into the car. Currently cars allow you to connect your phone and push one button to make a phone call. Why not do the same with text? Instead of commanding the car to "call, John Doe Mobile", allow people to "text, John Doe mobile".
More and more cars are coming with keyless entry and keyless ignition. The degree of specificity is impressive; the car knows if the keys are in the driver’s pocket standing next to the car or in the driver’s gym bag still inside that car. Could similar technology be employed with phones? Could cell phones be forced into "driving mode" when inside a car? Can a car distinguish between the driver’s phone and a passenger’s phone or the phone’s location in the car?
Giving drivers safer ways to use their phone’s features isn’t an endorsement of their use; it merely is recognizing and accepting reality. After all, it is probably safe to assume people text while they drive because they can’t help themselves or don’t understand the true danger, not because they don’t mind being in an accident. Given a safer but convenient option, most drivers would choose it.
Making cell phone use in cars illegal hasn’t and won’t solve the problem, for no other reason than the likelihood of getting caught is so slight. Since government alone can’t solve the problem, the car companies and the cell phone companies must be a part of the solution. To really make a dent in the problem the three groups – the Legislature, the auto industry, and the cell phone industry – need to work to together using enforcement, technology, and education to discourage and prevent unsafe use, and encourage safe use or no use at all.
