Do we really need a texting while driving ban?
This issue has been gaining remarkable steam of late:
As some Democratic U.S. senators push for a federal ban on text messaging while driving — with financial consequences for states that don’t go along — a proposal to make Ohio the 17th state to ban the practice was introduced in the Ohio House yesterday.
The measure, sponsored by Rep. Michael DeBose, D-Cleveland, would make texting a secondary offense, meaning a person must first be pulled over for something else, like speeding. The fine would be $250 and would include an automatic license suspension if the driver was involved in a traffic crash.
This sort of thing drives me crazy. Why is it that lawmakers think that the solution is always to pass a law? I guess, as the saying goes, if all you have is a hammer everything looks like a nail.
Let me admit something. I am a bad driver. I have been involved in numerous accidents.
But you know what? None of them have involved my cell phone or texting.
There are an almost unlimited number of things that you should not do while driving as they distract you from the important job of focusing on the road ahead. But lawmakers continually seek new laws to ban any technology related distraction (talking on the phone, texting, etc.). As if these activities are somehow more likely to cause an accident then eating, fiddling with the radio, reading, putting on makeup, shaving, or any other of the countless things people unwisely attempt to do while driving.
But lawmakers think what they do rule human nature and has the amazing ability to outlaw stupid. So many of them falsely believe that simply passing a law impacts people behavior in significant ways.
But reality says otherwise. You only have to drive on the expressway to understand that speed limits have only a nominal impact on drivers. Ditto all sorts of other rules and laws.
I know what you are thinking. What’s the harm. If passing a bill like this helps save one life it is worth it, right? No, no, no – a thousand times no! This mindset is what creates a legal code jammed with bad policy and useless laws. It is what encourages a creeping statism where politicians just keep passing law upon law in the belief that they are actually improving society when they are simply drowning it in legislation.
This type of policy feeds the power of the state and gives citizens a false sense of security while at the same time causing them to take the important laws less seriously. The state that passes joke laws is seen as a joke.
You simply can’t outlaw imprudent behavior. People will do stupid things and take risks they shouldn’t. The systems should be set up to allocate costs accordingly. And when government isn’t constantly warping the system it does so.
Get in too many accidents you pay higher insurance bills or get your coverage dropped. Cause harm or damage recklessly you can be taken to court and forced to pay restitution.
Trying to outlaw the latest reason people might be distracted while driving is a waste of time and encourages a dangerous mindset. And it isn’t as if policy makers don’t have more important things to focus on … /rant

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James Joyner
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Kevin Holtsberry

