Various attempts at legislative regulation over the use of cellular phones while
driving have surfaced recently, including bills
introduced to the U.S. Congress last year. Such efforts predictably draw criticism
from a variety of sources, prompting debate over the potential effectiveness of
such regulation. A multitude of studies have been conducted to determine the impact
of cellular phone usage on driving ability, thereby measuring the possibility
of a need for statutory limitations.
Although various different tests have produced a mixture of results, there seems
to be a substantial consensus on certain points. For instance, it
appears that using a cell phone while driving does correlate with a higher incidence
of car accidents than would otherwise occur. Furthermore, there appears to be
no difference in the level of increased accidents whether the driver is utilizing
a hands-free accessory or simply holding the phone to his/her ear normally. Thus,
the research suggests that much of the proposed legislation that seeks to allow
cellular phone usage as long as a hands-free accessory is utilized concurrently
will likely be ineffectual. Rather, it is the drain of the conversation on the
driver's attention that must be regulated. If any legislation is to have an effect
on reducing automobile accidents that occur while the driver is conversing on
a cellular phone, it likely must come in the form of a more sweeping ban on using
the phones altogether.
Last year, New York became the first state to enact a ban on using cellular
phones while driving. That legislation does allow the use of hands-free
phones. It is too early at this point to assess the effects of the ban on
the number of accidents; it will be of interest to many, however, to
determine if the studies that were done prove true in their prediction that
such a ban (allowing for hands-free phones) will not make New York's roads
any safer. Such a determination will only grow in importance as more states
and localities adopt similar legislation.
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