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3 years, 5 months ago

What do you think of California's new "No Texting while Driving law?"

Is there any evidence to support the idea that people get in more car wrecks when they're texting and driving? First we all have to wear bluetooths while driving and now we can't text. Does this law include looking at email on your Blackberry or just sending text messages. Seems like there are a lot of things you could say you were doing other than texting, so it has to be all inclusive.

Give me some sources that show the exact wording of the law, and tell me your opinion on it.
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katwolfe | 3 years, 5 months ago
4
At first, I thought the NoTexting while Driving law was a joke. Who in their right mind would text while driving? Then, I saw groups on Facebook like this one http://www.facebook.com/group.php?gid=2210775624 with comments like this:

"yea i had a wreck onced when i was texting, it was kinda scary
the funny thing was, my phone never left my hand!"

"Lets just say you get alot more skilled driving with your knees!!"

"I often put a full face of make up on in between texting whilst driving to work. Its quite a skill really. Maybe they should make it part of the driving test!"

Now, I know I was young and stupid once also. Yes, I did say stupid, which I rarely use as a part of my vocabulary. But, in this case, I have to say stupid. Do they just not get it or it is just 'cool' to talk like that? I did not fully comprehend potential consequences of some of my actions when I was much younger, either. Yes, I did some stupid things and was very LUCKY.

I have had several jobs where I was paid to drive professionally, from a UPS truck to an eighteen wheeler. I have driven cross-country more times than I would like to count. I have extensive experience on the road and have attended many safety classes.

Anything you do that distracts you from watching your mirrors and anticipating what the drivers around you might do, can be fatal. Do you NOT learn in drivers ed to constantly check your side view mirrors and rear view mirror? To always be looking a block and a half ahead of your car and know what is going on in front of you?

I will tell you what I think is dangerous - texting while driving- Yes, eating while driving - Yes, reading while driving - I see this all too often, sometimes at speeds of 75 mph- Yes, talking on the phone while driving, with or without hands free - I really love the people that have to "talk" with their free hand in the air, waving it around like the person they are talking to can see them. Now they have NO hands on the wheel -Yes, putting makeup on while driving, I see this all of the time - Yes, not wearing seat belts - Yes.

Although we now have a hands free law here in California, I see people all of the time still with the phone to their head. These are mostly older people. A lady almost hit me the other day, trying to maneuver her Mercedes around a corner. She can afford a Mercedes but not a Bluetooth or plain old headset for $20?

Yes, there are a lot of things you can say you were doing if you got into an accident, that is if you are still alive. Check out the story on this Facebook group http://tinyurl.com/7vk88m .

Here is another article for you http://tinyurl.com/ayrbmp

I sometimes wonder how any of us survived before cell phones. I don't know of anything that is so important that I have to be chatting on my cell phone while I am driving. When I talk to a friend, I want to give them my full attention. When I am driving, I want to give the road my full attention. My life may depend on it, yours too possibly.


Here some of the information you were looking for:

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 12810.3 of the Vehicle Code is amended to read:

12810.3. (a) Notwithstanding subdivision (f) of Section 12810, a
violation point shall not be given for a conviction of a violation of
subdivision (a) of Section 23123, subdivision (a) of Section
23123.5, or subdivision (b) of Section 23124.
(b) This section shall become operative on July 1, 2008.
SEC. 2. Section 23123.5 is added to the Vehicle Code, to read:
23123.5. (a) A person shall not drive a motor vehicle while using
an electronic wireless communications device to write, send, or read
a text-based communication.
(b) As used in this section "write, send, or read a text-based
communication" means using an electronic wireless communications
device to manually communicate with any person using a text-based
communication, including, but not limited to, communications referred
to as a text message, instant message, or electronic mail.
(c) For purposes of this section, a person shall not be deemed to
be writing, reading, or sending a text-based communication if the
person reads, selects, or enters a telephone number or name in an
electronic wireless communications device for the purpose of making
or receiving a telephone call.
(d) A violation of this section is an infraction punishable by a
base fine of twenty dollars ($20) for a first offense and fifty
dollars ($50) for each subsequent offense.
(e) This section does not apply to an emergency services
professional using an electronic wireless communications device while
operating an authorized emergency vehicle, as defined in Section
165, in the course and scope of his or her duties.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

_______________________________________________________

A 2006 study by David L. Strayer and colleagues at the University of Utah found that drivers tested on simulators performed about the same when they used cellphones as when they had a blood alcohol-level of 0.08%, which made them legally drunk. The drivers actually did better in braking and avoiding rear-end collisions when alcohol-impaired than when they were talking on hand-held or hands-free phones.

There are some skeptics. A 2006 paper co-authored by James E. Prieger, a professor of public policy at Pepperdine University in Malibu, found that the link between cellphones and collisions was less conclusive, and the crash risks probably lower, than indicated in some of the most prominent studies.

But, Prieger said, “if you’ve ever used a cellphone in a car and you’re honest with yourself, it’s hard to doubt that at some level it doesn’t make you a riskier driver.”

Supporters of California’s “hands-free” law cite Highway Patrol statistics showing more accidents involving hand-held phones than hands-free, but the data are limited and not adjusted for the number of hand-held or hands-free phones in use.

Some of the largest U.S. corporations bar employees from using cellphones when driving during work hours, making no exception for hands-free calling. DuPont, Chevron, ExxonMobil, Shell, and its parent, Royal Dutch Shell PLC, with collectively hundreds of thousands of employees, are among those with cellphone bans.

AMEC, a large engineering concern, also prohibits its 7,000 employees in the U.S. and Canada from using cellphones while driving. “There is no better way to proactively boost safety for a mobile, white-collar workforce,” company spokesman John Kageorge said.

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jeffhoard's Avatar
jeffhoard | 3 years, 5 months ago
8
I think it's pretty common sense.. if you are trying to drive while using your cell phone trying to type "im drving lol just hit ol lady roflmao call me l8r" with your thumb, you are endangering yourself and others around you.

Anyway, here is the text your looking for

-----
(1) Under existing law, on and after July 1, 2008, it is an
infraction for any person to drive a motor vehicle while using a
wireless telephone, unless that telephone is designed and configured
to allow hands-free listening and talking operation, and is used in
that manner while driving, except as otherwise provided. A violation
point is not given for a violation. A violation is punishable by a
base fine of $20 for a first offense and $50 for each subsequent
offense.
This bill would also prohibit a person from driving a motor
vehicle while using an electronic wireless communications device to
write, send, or read a text-based communication, except as specified.
The bill would also provide that a violation point is not given for
a violation of these provisions and would impose a base fine of $20
for a first offense and $50 for each subsequent offense. By creating
a new infraction, the bill would impose a state-mandated local
program.
-------

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bmlhailstone | 3 years, 5 months ago Report

Thanks for the excellent answer, and the funny old lady hitting remark at the top.

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tracebooks | 3 years, 5 months ago
17
I am thrilled with it, although I am in another state. I hope our state will soon have the good sense to enact it here.

"In a recent study of 19- to 24-year-olds in driving simulators, motorists who text message while driving are six times more likely to be distracted and have an accident. When a driver texts, driving patterns change. For example, the response time to brake is 23 percent slower — 1.077 seconds when texting and driving compared with 0.881 seconds when unencumbered." according to the blog of an accident lawyer in Florida.

I also heard recently that according to a study of major insurance firms, the age group most often at fault is 17-year-old male drivers, and the majority of them were texting when the accident occured. The Teens in the Driver Seat program from the Texas Transportation Program has some information here: http://preview.tinyurl.com/6sm6bn

According to State Farm’s extensive claims database, October has averaged the highest number of teen vehicle crashes from 2003 to 2007. For this reason and the following alarming statistics State Farm has helped designate the third week in October of each year as National Teen Driver Safety Week (NTDSW).

* Car crashes kill about 6,000 teens nationwide each year, with Texas accounting for some 500 of that total
* Cars driven by teens kill over 800 people per year in Texas
* One in three teen drivers has an accident within the first year of getting their license.
* 62% of teenage passenger deaths occurred in motor vehicle crashes in which another teenager was driving.

Clearly, the numbers show teens are high risk drivers, lets look at how to reduce these accidents. Researchers say the crashes are caused primarily by inexperience combined with one or more of five risk factors, in this order of frequency:



1. Driving at night

2. Distractions (cell phones/texting and other teen passengers, etc.)

3. Speeding

4. Low seat belt use

5. Alcohol

(Source: Teens in the Driver Seat, a Texas Transportation Institute Program)

http://www.orlandocaraccidentlawyerblog.com/2007/07/car_accidents_caused_by_text_m.html

There are even countries and states where the driver's use of a cell phone in a moving vehicle is prohibited. http://www.cellular-news.com/car_bans/

Here's the California law, Bill 28: California State Bill 28 "specifically bans the use of an electronic wireless communications device to write, send, or read a text-based communication while driving a motor vehicle." Drivers who violate the law will face a "base fine of $20 for a first offense and $50 for each subsequent offense."

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bmlhailstone's Avatar
bmlhailstone | 3 years, 5 months ago Report

Very thorough and very helpful. Thanks for your excellent answer.

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easyeboy | 3 years, 5 months ago
9
It's a very interesting law, yet it's one of those laws that we should just know about without having to truly enforce. It's similar to holding a cellular phone and talking while driving or wearing your seatbelt, or not drinking while driving, which are also very important laws. I believe it's one of those that will be hard to enforce, yet they could easily prevent it from happening by making accelerometers that realized the driver is texting while driving, similar to the system the in dash GPS units have, which do not allow you to enter an address while driving. Read the attached article and then you can see for yourself that it's a fact that texting and driving do not mix.

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lynemma's Avatar
lynemma | 3 years, 5 months ago
4
I think it's a great idea. I have experienced some awful driving due to cell phones and texting. I recently started a job with a new boss, who is a tyrant. I set up a firm "I do not answer my phone while driving" rule. I feel like my attention is needed when driving. That's why I don't listen to music while driving in inclement weather.

"California State Bill 28 "specifically bans the use of an electronic wireless communications device to write, send, or read a text-based communication while driving a motor vehicle.""

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lynemma's Avatar
lynemma | 3 years, 5 months ago Report

I live to answer questions!

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bmlhailstone | 3 years, 5 months ago Report

Here here.

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bmlhailstone | 3 years, 5 months ago Report

I'm glad someone actually read the full question. The first bunch of answers were useless. I wanted to know about the full law and what it exactly entails. Thanks for that.

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bmlhailstone | 3 years, 5 months ago Report

I don't want to sound sexist, but I am sort of glad about this law because every time I ever get cut off really badly by someone or someone swerves at me accidentally, I pull up next to them and see a woman on her cell phone. They just can't concentrate while on the phone.

No lie. EVERY time.

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drmatt's Avatar
drmatt | 3 years, 5 months ago
5
Another bandaid. Let's make a law for all the things you shouldn't be doing while driving. How about just upholding the law that you shouldn't be distracted while driving and let the judge determine whether you were distrated or not...

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ssharon's Avatar
ssharon | 3 years, 5 months ago Report

I agree with you.
As I mentioned in another question we already have enough laws. Reckless driving covers all of this and making new laws that are hardly enforced is pointless if not counter-productive.

Instead of texting now I'll just send email.

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kevitivity's Avatar
kevitivity | 3 years, 5 months ago
4
It's a very poor use of government. It's an unfortunate human flaw, but we need to resist creating a new law for every single stupid thing someone might do. I sure texting while driving is unsafe - that isn't the point.

We need to shrink government - not expand it.

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demanda's Avatar
demanda | 3 years, 5 months ago
7
I am not really in favor of these "common sense" type laws, like: wear your seatbelt! don't text and drive! However, a young man that attended the school I taught at last year had a car accident and was killed because he was texting and driving. It really opened up my eyes to the issue, and I have since stopped texting while I drive. I think texting while you drive is much more dangerous than talking on a cell phone while driving. That being said, no law is going to force people to use common sense, so, unfortunately, I don't have hope it will do much good.

As the big sister of a 16 year old, I worry tremendously about her texting while driving. She knows that she shouldn't do it, but I am sure she still does, at least occasionally. If she knew it was against the law, it might instill in her how serious of an offense it is, so maybe it will do the same for others.

This study explains why driving while texting is statistically as dangerous as drunk driving:
http://www.encyclocentral.com/23732-Studies_On_Text_Messaging_Shows_Rise_While_Driving_Distraction_Accident_80_Percent_Crash.html

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jennybeanses | 3 years, 5 months ago
4
In all seriousness, I personally feel that not texting while driving is common sense. The fact that they have to make a law to remind people that using your hands to type out messages to friends, business associates and family is dangerous is the most ridiculous part.

Multitasking in general is a bad idea, as it results in poor results and impairs one's ability to focus on one task in particular. While driving, the only tasks one should be focused on is driving well and avoiding potential accidents (which could include people checking their facebook and twitter while driving.) A recent study showed that people actually drive slower when talking on their cell phones because they aren't able to focus... imagine how much more attention would be required to search out the letters on the keypad and read responses. Another study showed that drive reaction times were slowed because their concentration level was more focused on texting, rather than operating their vehicle. Even chatting with blue tooth can be dangerous, as conducting a conversation requires focus. Studies show that if a driver takes their eyes off of the road for even two seconds (even the slickest quick draw texters take longer than two seconds to send a message...), they increase their likelihood of being involved in an accident.

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waitingforjune | 3 years, 5 months ago
4
I see it as legislating common sense. It's a sad commentary on our society that a law like this is even necessary, but of course, it is necessary. Then again, we could just let Darwin's Law rule, but apparently it is the government's job to shield people from their own idiocy.

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smartypants112233 | 3 years, 4 months ago Report

Let me get this straight. I can read a magazine/book at a stop light, but I can't read emails from my blackberry? Does this make sense to you people? Wake up and stop letting the government tell you how to live your life? Be smart and use good judgement.

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jthizz | 3 years, 5 months ago
4
Is it really so hard to wait till a red light, pull over, or just have someone else in the car handle the cell phone talking or txting. Im glad they got these laws now for things people shouldnt be doing anyways

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zedizdead | 3 years, 5 months ago
4
If you live in California you may remember the Metro Rail accident that claimed 25 lives. The engineer was supposedly texting and didn't pay attention. 25 dead because of texting. And this is on a train were it's pretty hard to screw up. So if texting can maybe cause 25 people going home on a train to die then yeah, I think they should make it a law for people on the road. As of today, I don't think it has been proven 100% that texting is the main cause of this. But I think that it's the most likely scenario.

A lot of people are saying that it's common sense to not text and drive, and that's true. But unfortunately people don't actually USE common sense. The law is needed. Link below to jog your memory.

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claytonkchar | 3 years, 5 months ago
4
I'm all for it. How can you drive safely when you don't have both hands on the wheel and your eyes on the road? Honolulu is also considering a law that bans text messaging while driving. However the police have concerns about how to enforce such a law.

If it were up to me, I'd ban cell use in the phone completely. I've seen too many people driving while on cell phones who were clearly distracted. People should pull over if they need to use their cell phones.

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bmlhailstone | 3 years, 5 months ago Report

I never drive with 2 hands on the wheel, just one. And I frequently drive while staring at my Blackberry. The latter is more dangerous than the former.

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totalanswers | 3 years, 5 months ago
4
It makes sense. If we're going to enforce wearing seatbelts to protect ourselves, than it's a no-brainer to enforce no texting while driving to protect others on the road.

I think it's difficult to enforce and prove, and will not be enforced. Worst case scenario it will be an excuse to pull people over just because they're suspicious. "It looked like maybe you were texting, that's why I pulled you over today."

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colttrickle | 3 years, 5 months ago
4
I think it is a good law, but I think they should also make illegal to put on make up, curl your hair, read the paper, etc. It is all a distraction while driving.

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bmlhailstone | 3 years, 5 months ago Report

I agree.

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millerj | 3 years, 5 months ago
4
It puts proper social pressure on people to pay attention to the road while they are driving.

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the doc's Avatar
the doc | 3 years, 5 months ago
4
I think it's sort of sad that you would have to have a law about that, but I support it. Unfortunately, doing something as stupid as texting while driving endangers not only you, but everyone else on the road, and thus society does have a compelling interest in stopping such behavior.
And yes, there is actually quite convincing evidence that texting while driving decreases attention to the road and increases accidents.

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lee342's Avatar
lee342 | 3 years, 5 months ago
4
I think it's a great idea. When you text you have very little focus on the road. You are endangering both yourself and those around you.

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filmkid | 3 years, 5 months ago
4
I applaud them for making an effort on creating safer drivers/roads, but I feel like it's a temporary solution. People will always find other ways to distract themselves with their cellular devices. Like you said, anyone can easily glance down to read an email or whatever. It's alright, but not the perfect solution. I don't know what is.

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