Does Driving Need Better Regulation In 2022?
More States Banning Distracted Driving
In late February, South Carolina's Senate passed a bill that aims to limit drivers' use of cell phones while they're operating the vehicle. If the bill also passes the states' House, South Carolina would be the 24th state in the union to have a hands-free driving law. South Carolina's proposed legislation requires drivers to use Bluetooth or another hands-free solution while on the phone, prevents drivers from watching videos, games, or video calls while driving, and makes it unlawful to read any text on the device. Exceptions are made for the purposes of navigation, investigating road conditions, and occupational duties. The bill's text highlights the inherent challenges of meaningfully curbing electronic distractions while driving. In its current form, it's illegal to read the clock on your phone while your vehicle is in motion, but it's legal to text your employer on your company's dispatch app.Enforcing The Law
Without a system of cameras in every motor vehicle or major concessions from electronics companies to lock drivers out of phones, effective enforcement of hands-free laws is difficult. Nevertheless, cities like Nashville, Tennessee and Phoenix, Arizona have issued hundreds of citations for drivers who violated similar hands-free laws. Between January 2019 and October 2021, Nashville police cited 3,218 drivers for improper use of their phones. During the same period, police issued 27,401 speeding citations and 774 people were ticketed for not wearing seatbelts. Between January and July 2021, Phoenix police issued 984 citations for violations of hands-free driving laws.Just because an officer can't easily observe you violating the law doesn't mean that it's not enforceable. Car insurance requirements vary by state, but it's never possible for police or other drivers to determine the status of your insurance from outside of your vehicle. In many states, individuals the state deems at risk of being underinsured have to buy SR-22 insurance. SR-22 insurance involves filing a form with their state that proves their insured status and often alerts the state if the insurance lapses or is canceled. It's easy to imagine a similar system in the future where drivers with distracted driving citations must purchase different types of cell phone plans that limit the functionality of phones while the carrier is in a vehicle.
Keeping Roads Safe
The NHTSA's data regarding traffic fatalities in 2021 points to a worrying trend. As COVID lockdowns lift and our lifestyles return to normal, we'll hopefully see a reversal of these trends and safer roads in the future. Still, state legislatures are shoring up laws to ensure that drivers stay focused on the road and not on the electronic devices that they carry. South Carolina aims to become the 24th state to pass a hands-free driving law, while states like Arizona and Tennessee have been successfully enforcing their laws for months or years. In the future, these new laws may be accompanied by better cooperation from electronics companies and cell phone service providers. As we better integrate technology's advances into our society, we'll see informed, aware, and alert drivers who can leverage advantages like navigation, dispatch, and communication without becoming distracted.Do You Need An Attorney?
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Posted - 03/04/2022
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