The Nanny State is trying to strike again

The National Transportation Safety Board (NTSB) is recommending that states ban all use of cell phones and other hand held devices while driving, including hands free operation. This is largely due to an accident in which a pickup slammed into the back of a large truck, and the driver had sent ten or so texts in the past few minutes. Then not one but two school buses full of kids crashed into the back of the pickup. Several people were killed, many were injured.

The NTSB recommendations seem to be an overreaction coupled with questionable evaluation of the causes of the accident and some really odd exceptions added for unknown reasons. Let's look at why I think that, bearing in mind that I have only news reports for data.

What part did texting play?

Assuming that the pickup driver sending a text a minute or so was distracted seems to be reasonable. But it appears that the bus which then hit the pickup so hard it rode right over the top of the pickup and ended up on top of the semi must have been tailgating, and as my mother used to say "going like the clappers of Hell." And the second school bus which ran into the back of the first at the very least was following far too closely. So while texting by the pickup driver could be assumed to have contributed to the initial accident, and he might or might not have survived hitting the back of the larger truck, the two school buses involvement was unrelated to texting, based on all reports.

Strange recommendations

I fully support banning texting while driving, as well as any other activity which takes the hands and attention off the road (I'm talking to you, guy with the shaver in one hand looking at yourself in the mirror on the back of your sun visor). The NTSB would ban the use of all cell phones, including hands free phones, unless they are built into the car. Why is a phone built into the car any less distracting then one in your ear? Why is a hands free conversation worse than talking to the passengers? NTSB mentions a study which says passengers in the car keep quiet when traffic is heavy, is there somewhere the public can see that study? Is a conversation more distracting than talk radio or screaming kids??

Finally, the NTSB suggests an exception for use of a GPS. Even those which talk to the driver are distracting, and there's always the temptation to sneak a peek at the map, so you are in the correct lane for the next turn. Why is a GPS safe and my smart phone, which has the same features and as good or better directions, unsafe?

While I'm asking "why" about NTSB suggestions, why no suggestion for stronger laws about speeding and following too closely for school buses? If the existing laws governing all vehicles are not enough, perhaps stronger penalties for both the driver and operator of school buses would improve safety.

A suggestion for lawmakers: The distracted driving law should stop trying to ban this and allow that, because as technology improves and devices change,  any specific device law will become obsolete. We need to ban any activity which requires the ongoing use of one or both hands, which requires taking the eyes off the road, and any media device which doesn't leave at least one ear free to hear sirens, horns, or other alert signals. Additionally ban any activity which can reasonably be expected to distract the driver's attention from the road.

That last may seem vague, but after one of our local Congressmen was stopped driving with a woman on his lap I don't think we want to be too specific about what are prohibited activities. A general prohibition of distracting activities would also cover painting fingernails, reading the newspaper, tying a necktie, or putting on a fresh blouse, all of which I saw on I90 coming into Albany from the Thruway when I was commuting.

I agree with the NTSB that a better and more inclusive distracted driving law is appropriate, but that's really not what they proposed. I'm tired of bad legislation justified by "It's better than what we have" excuses. Only if a new law addresses behaviors rather than devices will it work properly and not need tinkering again in a few years. Now is a good time to rip out the old laws and put in a good new law, rather than putting band-aids on the laws we have.

 Edited 12-16-2011 to reflect the claim of a study on cell conversation vs. in-car conversation.