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Cell Phone Laws Unclear
Using a cell phone while driving is distracting and dangerous. Recently research had begun to study the problem and legislatures are creating laws in response.
December 18, 2009 /Telecommunications PR News/ -- Cell Phone Laws Unclear
Article provided by Law Office of John J. Garvey, III
Visit us at www.johngarveylaw.com
Drivers may be dialed into the laws regarding talking and texting while driving, but many appear not to be hung up on the details.
During the past 14 months, nearly 600 people have been cited for using their cell phones or texting while driving, prompting the police department in Petaluma, California, to structure a pilot program in an attempt to deal with the problem.
The proposed project would involve conducting random surveys of drivers about their cell phone usage and texting habits. Stricter law enforcement would be implemented, followed by another survey, which would then help to determine if the enforcement had any impact. If stronger enforcement proves to be effective at prevention, the officers will step it up.
Rising Research
It might seem obvious that using a cell phone while driving would be a distraction, but only recently has research begun to study the problem in earnest. Last month, the first large-scale research on the subject was conducted by the Virginia Tech Transportation Institute. The study concluded that the risk of an accident was four times greater for a driver typing a text message than it was for a driver just making a call, and more than 23 times greater than for a driver not using a cell phone at all.
Senate Bill Who?
Senate Bill 33, which became effective July 1, 2008, prohibits drivers under the age of 18 from talking on cell phones or texting while driving. Senate Bill 1613, which went into effect at the same time, prohibits all drivers from talking on a cell phone while driving unless they are using a hands-free device. Senate Bill 28, effective as of January 1, 2009, prohibits all drivers from texting while driving.
More Education Needed
Even the most well-informed drivers may not be familiar with all the components of the laws. There are also liability questions. If a worker was involved in an accident while talking on a company-issued phone and while in the course and scope of his or her employment, this would fall under the area of respondeat superior, where an employer might be held liable for the actions of an employee.
Another survey conducted by the AAA Foundation for Traffic Safety found that while 95 percent of the drivers questioned believed that texting while driving was unacceptable behavior, 21 percent of them admitted to doing so.
The problem looms large, as texting grows in popularity, and the generation of frequent text-senders reaches driving age.
Article provided by Law Office of John J. Garvey, III
Visit us at www.johngarveylaw.com
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