Cell Phone Vehicle Use Issue Rising, One City Wants New Laws, Lets Be Careful

Miami Beach October 2006 - Just read a copied letter sent from the City of Doral to the Miami Beach City Manager who intern sent it on to the City Commission. It deals with cellular phone use in vehicles.

            This note got me curious to hit Google and research the cell phone use or should I say misuse. Unfortunately most of the sites were far from current in facts and figures. Some even gave contradicting information on things as simple as "what states had laws".

            Trying to cut through the babbling I did note a few things that everyone agreed on.

            First, about 80% of the vehicle accidents occurred due to distractions. They included changing the radio, fumbling for a drink, putting on make-up, fumbling with a map and yes, talking on a cell phone.

            Second, most felt talking on cell phones were not a distraction if the phone was not hand held but rather the talker used an ear piece.

            Third, some 45 Countries have adopted no-driving cell phone usage.

            Forth, various states have struggled with new laws but few have created laws. Connecticut, New York and New Jersey will soon be joined by California in creating more restrictive laws. Next July 1, 2008, the California law abolishing the drive-talk use will be met with fines.

            The City of Doral sent a passed motion to Miami Beach Manager stating they wanted the State of Florida to forbid vehicle drivers from using cell phones while driving through a school zone. After searching the Florida records there was some suggested rules debated in the past yet the legislatures wanted to side-step the issue and pass the right to create laws to municipalities. Governor Bush vetoed the bill. Such a law would and could cause drivers total confusion as they moved from city line to city line. 

            Doral is correct in asking the State legislature to be the law makers on this issue and not local municipalities and so too Gov. Bush. However, this writer feels making the rule only for school zones is short sighted. They also should have suggested that non-hand held phones be exempt. What difference does it make if a driver is talking to a passenger while watching the road with hands on the wheel and talking? Perhaps if talking is so distracting maybe there should be a law regarding singing to the radio music while going through a school zone?

            Who of us hasn't experienced some jerk, driving near or behind us holding a cell phone wandering over the lane-line markings or coming too close as we slow for a traffic light? On this topic last month I had such a person clobber the back bumper of my vehicle while I was awaiting a traffic light to change. That cell phone call cost her $875.00 and a moving violation citation. (And maybe an insurance premium increase - ouch).

            Certainly we all should drive responsibly when in or near a school zone. In fact with the rule now limited to 15 MPH State-wide, I have to wonder how many accidents have been recorded in these school zones caused by phones. Maybe Doral has some astounding accident numbers. But I couldn't find any web site facts on this. Sounds a little like local feel-good legislation again. Must be an election day for Doral politicians.

            On that crosswalk school zone let me voice another experience. I was traveling on a 6 lane divided road in Broward. Numerous cars were waiting on both sides for the light to change. Finally it did and 3 teenagers (I guess about age 16-17 or there about) viewed the red light but stepped into the crosswalk just the same. What they were doing was daring the cars to hit them. They were fully aware of the green light and the "Do not cross" sign blinking.

            Where is the law that deals with teens deliberately ignoring the traffic lights and perhaps causing accidents? Certainly when teens reach the age 16 or more they should be held responsible for their actions.

            Perhaps a State cell phone law should be enacted not just for school zones but like the California law, all though the State. However the rule should apply to hand-held phones not no-hands phones with ear plugs or dash speakers.

            Yet in a perfect world maybe using a cell phone in grocery stores, restaurants and other close public areas should be enacted as well. Once again I waited my turn in the local sub-shop behind some teen who found it more important to gab to a friend then place an order. On his leaving I then had learned his friend was working in Blockbuster, getting off at 9 and the two were going to do something after work. Typical example of others-be-dammed.

            Cell phones are here to stay. In fact the number of users has increased incredibly since 2002. The number of users is astounding vs. the population.  So too, business efficiency has increased and searching by a parent for a youth is now only a call away. (That is if the phone is always in a high bar charged area).

            But it appears that with every new electronic gadget come responsible users and jerks. It is unfortunate that laws have to be created so these jerks don't adversely affect other lives.

            You guessed it; I still don't own a cell phone. I do have a home answering machine that takes messages to which I return calls AT MY leisure. Personally I find it annoying to be at the beck-and-call or should I say on-a-leash to anyone that wants to invade my privacy. By the way I also carry coin change in my pocket, so any street phone is call accessible if and when I must make a not-home call.

            Editors Note: The largest violators of cell phone use while driving that I see are cab drivers and police both of which can be regulated locally. The police by the chief and taxies by the county commission. In doing so they both would set a good example for others.