From Rep. Lawrence R. Klemin:

I am the prime sponsor of House Bill 1196, relating to the use of cell phones while driving. As originally written, the bill would have applied only to minors while operating a motor vehicle while the vehicle was in motion.

A recent article by The Associated Press stating that I had proposed an amendment in the House Transportation Committee that would extend the ban to all drivers regardless of age neglected to mention that the amendment was restricted to “hand-held” cell phones and other “hand-held” wireless communication devices. Under the amendment, the ban would not apply to “hands-free” voice-activated cell phones or similar devices. The bill does not prevent a driver from using a hand-held cell phone in a vehicle as long as the vehicle is not in motion.

A number of recent studies have concluded that the use of cell phones while driving has become an increasing safety concern as drivers are more focused on their conversations or other use of the cell phone than on the traffic. Technology now makes it possible not only to talk on a cell phone but also to text message, send and receive e-mails, watch videos and surf the Internet.

Nationwide statistics are showing thousands of accidents and fatalities due to this distraction, not only for the drivers using the cell phones but also for others on the road. The public has a right to expect that their safety will be protected on the road.

Klemin’s desire to make our roads safer is understandable, but I think he’s vastly overstating the threat from cell phones.

He talks of national fatality trends, and it’s true that since 1994 (a time when the cell phone was coming into widespread use) national fatal traffic accidents have gone up.  They’ve even gone up in North Dakota, yet if we look at traffic accident rates based on the number of vehicles on the road and the number of miles they drive we see that, despite a few ups and downs, the number of accidents per 100 million vehicle miles driven has remained fairly consistent.  The rate was 1.39 in 1994 and 1.32 in 2004 (the last year for which numbers are available).

So yes, more people are dying in traffic accidents in North Dakota, but it isn’t because of cell phones.  It’s because there are more drivers on the road to get into accidents.

Some might say, however, that we could still make some improvement in traffic safety by banning cell phone usage.  To that I have two responses. 

First, let’s not forget that cell phones aren’t the only distraction in the cab of a vehicle.  A study done by the University of North Carolina showed that things like reaching/leaning in the cab, eating and drinking, fiddling with the radio and interacting with passengers in the vehicle are all much more frequent distractions than cell phone use.  Will banning cell phone usage end distractions in the car?  No.  Will it have a meaningful impact?  I don’t think it will.

Second, let me give you a bit of anecdotal experience.  For a while I tried to use a hands free device for my cell phone thinking that it would be convenient and make my trips more safe.  The problem is that I never remembered to have it ready in my car.  Most of the time while driving I’d find myself rooting through my computer bag or my center counsel looking for my hands free device so that I could plug it into my cell phone and answer an incoming call.  One day I realized that the hands free device just wasn’t worth it and began just answering my phone.  Something that proved to be much less distracting than dealing with a hands free device.

Some people are capable of driving and talking on the cell phone on the same time.  Others are not, and the people in that second group are probably just as likely to be distracted by their radio or mp3 player or cheeseburger as their cell phone.

We should also consider the enforcement issues here.  Enforcing a ban on cell phone use in cars will be about as easy for law enforcement to do as enforcing the seat belt requirement currently is.  And, of course, the seat belt law is another example of another statute instituted for our protection that has done little good.  It’s been in effect in North Dakota for years now, yet as you can see from the fatality statistics I quoted above it has had little impact.

A ban on “hands on” cell phone use in cars probably doesn’t sound like government tyranny to most of you.  And it isn’t, really.  It’s well intentioned as far as it goes, but it seems unnecessary.  And none of us should be in favor of adding unnecessary laws to the books.