Should Drivers Be Banned from Using Cell Phones?

Introduction

Although penalties vary according to jurisdiction, driving while intoxicated is against the law in all 50 states because the practice is known to be dangerous to the perpetrator as well as to the general public. Similarly, studies have shown time and again that driving while talking on a cellular telephone — or using these devices to text others — is as dangerous as driving while intoxicated, yet the practice remains legal throughout most of the United States. In response to these trends, the federal government, along with a growing number of states, has enacted laws that prohibit drivers from texting while driving, but the regulation of cellular telephone use for other purposes largely remains unaddressed.

Although a case can be made that texting involves far more distraction than simply talking on a cellular phone, the fact remains that anything that detracts from a driver's attention to the road represents a threat — and in the case of cell phone use, a threat that can be mitigated by appropriate legislation. To determine whether such laws are needed, this paper reviews the relevant literature and offers a summary of findings in the conclusion.

Safety Concerns and Legislative Trends

There are several important issues involved in the debate over banning cell phone use while driving, with safety being the first and foremost. Trapp (2007) reports that "using a cell phone while driving is very dangerous. Physically holding a handset removes one hand from the controls, making accidents more likely, while dialing is even worse, as it also requires users to divert attention from the road" (p. 53). In fact, studies have shown that reaction time while using a cell phone is even worse than for drunk drivers (Trapp, 2007).

Recent trends across the country make it clear that lawmakers at all levels are taking notice of the dangers represented by cell phone use while driving and are taking action. In response to a number of high-profile accidents involving texting while driving, the U.S. Department of Transportation released revised federal guidelines prohibiting commercial truck and bus drivers from using hand-held cell phones or texting while driving (Passen, 2010). This federal action follows a broader national trend intended to reduce the number of people seriously injured or killed in bus or truck accidents, and 19 states as well as the District of Columbia have also banned texting while driving (Passen, 2010). Likewise, a growing number of states — including New York, New Jersey, and the District of Columbia — have already banned the use of cellular telephones while driving, and a number of other states are considering full or partial bans of their own (O'Rourke, 2004).

From a strictly pragmatic perspective, laws against texting while driving make good sense. Anyone who has ever tried to compose a text message on a tiny hand-held device can readily testify to the complexity of the task and the manual and mental dexterity required, making the practice especially dangerous for anyone operating a moving vehicle. With respect to cell phone use in general, however, there are more mixed views.

Conclusion

While it first appeared that banning cellular telephone use while driving was as close to a "no-brainer" as possible given the weight of research on the dangers of the practice, a closer examination reveals that the issue is more nuanced. The debate ultimately centers on how existing driver negligence laws already address the behavior and whether additional legislation is truly necessary. There was a virtual consensus that cell phone use while driving must be restricted given the documented dangers it poses, but critics argue that laws specifically targeting the practice may not be the most effective response, given the broad range of equally dangerous activities drivers routinely engage in.

A public education campaign is clearly an important first step toward reducing cell phone use while driving. At the same time, laws that specifically ban the practice may be the most effective way to reduce traffic casualties nationally by highlighting the dangers in the minds of the tens of millions of Americans who carry their phones wherever they go and think nothing of using them behind the wheel.