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Beware of the Cell Cops
Another overblown hazard.

By Adam Thierer, director of telecommunications studies at the Cato Institute
May 10, 2001 9:05 a.m.

You may soon be ticketed for using a cell phone in your car. Hundreds of
bills have been introduced in state and municipal legislatures across America
in recent years that make talking on a cell phone while driving a crime. So
far, few such bills have become law. But the U.S. House Transportation
Subcommittee on Highways and Transit held a hearing on the issue this week,
and the anti-cell phone nannies are lobbying hard.

With cell-phone use exploding in recent years (more than 115 million wireless
subscribers today), it is not surprising that these devices would cause some
problems. But how big of a problem does cell-phone use in cars pose? The
results may surprise you.

The AAA Foundation of Traffic Safety has released the results of a new study
in which the group analyzed 26,000 traffic accidents to determine what
factors contributed to those accidents. Among the top causes were: outside
objects, persons, or events (19.7% of accidents surveyed); eating and
drinking in the car (18.8%); adjusting the radio, cassette, or CD player
(11.4%); and distractions caused by other occupants in the vehicle (9.4%).
The less significant causes listed by the survey were: moving objects in the
vehicle (3.2 %); using or dialing on a cell phone (1.5%); using other devices
in vehicle (1.4%); adjusting climate controls (1.2%); and smoking-related
distractions (1.2%).

Compared to using a cell phone, it is 12 times more likely you will cause an
accident by snacking in the car and eight times more likely you may cause an
accident by toying with your car stereo. It would make more sense for
policymakers to ban eating Big Macs and listening to Britney Spears in our
cars than it would to ban cell phone use.

This is not to say, however, that using a cell phone while driving doesn't
pose some degree of risk. And this threat, critics argue, is likely to grow
as cell-phone use grows. But while new technologies often introduce new
problems into society, still newer technologies typically come along to solve
those problems.

For example, "hands-free" cellular devices, which employ an earpiece and a
clip-on microphone, are on the market and widely used by motorists.
One-button speed-dialing, an option on almost all phones, enables drivers to
place calls without having to dial a series of numbers. And voice-activated
calling is right around to corner. This will allow drivers to simply say
"call home" and let the phone do the rest.

Imposing burdensome restrictions on cell phone use in cars, therefore, is
unnecessary and may cost lives by having the unintended consequence of
discouraging drivers from carrying a cell phone in their car. With an
estimated 118,000 emergency calls placed by cell phone users every day, the
life-saving applications of cell phones are well established. If a ban were
to discourage drivers from carrying phones in their cars, the costs would
likely outweigh the benefits.

On a more practical note, it is difficult to understand how such a ban would
be enforced. Where will policymakers draw the line? Since snacking behind the
wheel and playing with your car stereo are more distracting and dangerous
than cell phone use, should legislators ban those activities first? What
about arguing with you spouse or kids in the car? Should that be policed? And
what about the CB radios truckers still use?

There's a simpler way to approach this problem from a public-policy
perspective: Don't try to ban technologies (cell phones, radios, CBs, etc.)
or specific activities (conversations, singing, smoking, etc.) inside the
cabin of an automobile. Instead, simply enforce those laws already on the
books dealing with reckless or negligent driving. If a driver is weaving in
and out of traffic lanes, or posing a serious threat to others on the road
for any reason, they should be pulled over and probably ticketed if the
infraction is serious enough.

In conclusion, a degree of patience and humility is necessary by
policymakers. It is impossible to legislate a 100% risk-free society into
existence. Technology is solving a problem it created. Turning our nation's
law enforcement officers into a cellular SWAT team in the meantime will only
deter them from policing more dangerous activities while threatening to
further erode our personal liberties.

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