While 91% of U.S. households believe that using a cell phone while driving increases
the likelihood of traffic accidents, only eight states passed legislation to limit
such cell phone use. This discrepancy reflects the lack of consensus that exists
as to whether cell phones are a greater threat to safety than talking with passengers,
tuning the radio, eating, or applying makeup. The task of state, and now federal,
legislators is to respond to the call of their constituents in the name of public
safety while balancing the many advantages of wireless technology.
Currently, there are more than 120 million Americans who own cell phones. The
number of new subscribers is approximately 40,000 users per day, which surpasses
even the national birth rate! Of these millions, 73 percent use their phones while
driving. Further studies show that at any given time 3% of the drivers, equating
to 500,000 vehicles, on the road are actively using their cell phones.
The flood of cell phone usage into the common culture has brought with it a flood
of negative publicity in the media. Two-year-old Morgan Lee Pena was killed in
1999 when a driver was distracted by a cell phone call and ran a stop sign. Her
parents subsequently created the Advocated for Cell Phone Safety made several
appearances on national television, promoting their cause. In April 2001, supermodel
Niki Taylor, suffered serious internal injuries in an accident when the driver
of the other car answered his cell phone. Safety surveys have concluded that cell
phones do increase the risk of accidents. So, why aren't cell phones uniformly
banned from vehicles? The reasons proliferate from advocates of cell phone usage.
Constraint on personal autonomy, lack of enforceability, serious repercussions
on business, lack of substantive evidence, and a decreased ability to report emergencies
are among the many arguments advanced.
Nonetheless, lawmakers are initiating more attempts to curb the dilatory effects
of cell phones in vehicles. State legislators proposed approximately 140 bills
regarding cell phones and driving in 43 states in 2001. Thirty-five of these states
sought to prohibit the use of hand-held mobile phones while driving, New York
becoming the first state to pass this bill into law. This is a marked increase
from the 27 states which considered cell phone measures in 2000, and the 15 states
in 1999.
The first federal legislation to curb cell phone use in cars, Senate Bill 927,
was proposed in 2001. If passed, this bill would withhold 5% of federal highway
funds from any state that hasn't enacted or doesn't enforce a law that prohibits
use of a cell phone while driving. Internationally, more than 24 countries prohibit
mobile phone use.
The destiny of cell phones seems to be clear-more and more subscribers will seek
the conveniences and innovation of this modern technology. As this use increases,
the pressure upon state legislatures to address this source of distracted driving
will likewise increase. Their task is, once again, interest-balancing
