Oregon’s Hands-Free Cell Phone Law Is Stupid

UPDATE: A new study shows that hands-free cell phone laws had no effect on accidents. “The Highway Loss Data Institute (HLDI), an affiliate of the Insurance Institute for Highway Safety (IIHS), examined insurance claims for crash damage in New York, Connecticut, California and Washington, D.C., before and after handheld bans took effect and found no reduction in crashes.” Now on to my rant.

House Bill 2377, which was sponsored chiefly by Reps. Carolyn Tomei, D-Milwaukie, and Sal Esquivel, R-Medford, prohibits driving while talking or texting on a hand-held cell phone. As of Jan. 1, drivers who violate the law could be fined up to $90. Motorists younger than 18 cannot drive with a hands-free or hand-held cell phone, but adults can use hands-free devices while driving.  (Easy law explanation here.)

“This is a really stupid bill,” said Sen. Jeff Kruse, R-Roseburg. “Someone could have swerved because they dropped a piece of paper next to them. Someone could have swerved because they went to pick up a McDonald’s fry and couldn’t find the ketchup.” (via OregonLive)

The study that is often cited says that driving and talking on a cell phone is akin to being drunk.  They said they used a high fidelity simulator which I assume is similar to what airplane pilots use but there is no real risk for these drivers in a simulator.  Either way the believed issue is that talking while driving is dangerous but that is not what this law addresses.

So how did we end up with a law that created a windfall for makers of hands-free devices?  Lazy politictians.  As is the norm, they want to look good while not really seeming to care if they did any good. So they have taken the phone out of our hands, except when we dial or look at it to see who is calling. But what  distractions are still legal?

• Eating
• Drinking (non-alcoholic of course)
• Smoking (will you drop the cigarette in an emergency)
• Playing with GPS
• Women can still put on makeup while looking in the rear view mirror.
• Dog fidgeting in the lap.
• Adjusting the radio
• Reading bumper stickers, billboards (Jeeze this is a dumb sign),
• Rubbernecking (A 2005 study found it to the top distraction that caused accidents)

You can still freely do the above actions which have all been accused of causing accidents. And since few people will honestly admit what caused them to be in an accident we don’t have any true data.  So the law is here and probably won’t go away.  Hopefully Maria Shriver will drive through and keep thing interesting.

Do you have any opinions about women drivers? The insurance industry swears that women are safer but the stereotype sticks and plenty of people (men) still think women are horrible drivers.  Is the fact that cell phones are so easy to see that it allows us to draw similar erroneous conclusions? The Reticular Activator explains why we notice some things and not others, like the faulty women drivers more than the competent ones – we were looking for it.

Now to the actual issue of driving while talking. Here are some professions that have been doing it for long time,

• Truck Drivers on CBs
• Police have to relay information and strategize during high speed chases
• Fighter pilots
• Air Traffic controller (not driving but talking while tracking planes on the screen)
• Airplane pilots in general
• Any military vehicle

I have never heard anyone cry out about the dangerous truck drivers talking on CB radios.  But Mike, you say, “they are professionals”.  They weren’t at first.

I had a friend who was stopping at green lights and almost driving through red lights because she (snicker) was talking to friends in her car who were visiting from out of town.  That goes against the idea that talking to someone in the car is perfectly safe.  I took over driving after the third traffic light incident.

What many fail to understand is that everything around you is a distraction. The shiny Ferrari, the beautiful rainbow, infuriating talk shows hosts and guests that get you’re blood boiling, other drivers, reading the road signs, etc.  And the most surprising distraction?  Boredom. Have you taken the wrong exit because the one you took is your usual exit?  Did you pass your exit because you were daydreaming?  All of this is why I have a hard time with study and don’t agree with it.

With all of that said, I surprisingly wouldn’t fight a cell phone ban while driving.  (I bet a lot people didn’t read this far and already are yelling at me or posting some hysterical comment.)  The cell phone can be a huge distraction if you don’t have the driving skills.  Teenagers have trouble driving with the radio on when they first learn.  I still turn it down when looking for an address.

I think 10% – 20% of drivers shouldn’t even be on the road. Add a cell phone to people who don’t even understand that they are horrible drivers and it becomes more dangerous.  It is interesting that we have areas in Portland where there are no stop signs.  People are trusted to figure out how to be diligent and self-reliant (or self-preserving).  This isn’t the case with people talking on a cell phone while driving.

If they wanted to really have an impact it should have been to eliminate talking while driving all together.  This is a useless law that will only come up during campaign time or when you get a ticket.  It will only generate revenue and votes from others who don’t see how useless it is.

*For four years I drove 40,000 miles each year.  I started driving at a young age and figure I have driven around 400,000 miles. I have driven across country, delivered pizza, shown homes for 8 years, and driven just for fun.  My opinion is based on a lot driving experience.