NE2: Peoples' Defense Against Distracted Driving Act of 2012 [Signed]

[Ѕenator Αverroës]

Peoples' Defense Against Distracted Driving Act of 2012

1. All vehicle operators while driving in the Northeast Region shall be restricted from the following activities:
 

• using hand-held cell phones in any capacity
• using electronic devices like laptop computers, video games, cameras, video entertainment displays and programming portable audio players, e.g. MP3 players
• reading printed materials in the vehicle
• writing, printing or sketching
• personal grooming

2. The penalty for the first offense shall be a fine of $200.00

3. The penalty for the second offense shall be a fine of $600.00, and the driver must complete a mandatory distracted drivers course and a mandatory safe driving course

4. Any further offenses will result in a fine of $1000.00 per offence, with the suspension of the offender's license for a year.

Sponsor: Representative Simfan
Debate time: 72 hours
Debate expires: Thursday, May 31 at 10:00 pm

[IDS Legislator Alfred F. Jones]

Printing? As in woodblock-type printing?

[Ѕenator Αverroës]

I continue to oppose this legislation, for reasons that were elucidated during the Assembly's previous session.

This legislation has the greatest intention, but I see it as over-reaching, and unenforceable.  We're going to fine people for smoking, eating, and drinking?  What evidence do you have that these activities result in enough incidences to warrant punishment, or removing such freedoms?

In many situations, drivers should focus solely on their surroundings. But I don't think that this is always the case. There are times when the risk involved is minimal. I do not believe that the Region should prohibit responsible multitasking.

Everything endangers lives.  The act of driving a car in general endangers lives.  What's next, shall we ban cars with manual transmissions because the acts of monitoring the tachometer and operating the clutch pedal and shifter might conceivably distract the driver?  Perhaps cars shall come without cupholders, lest the driver be tempted to stow his drink.  For that matter, cars should only have one seat, so that the driver can't possibly be distracted by a conversation with any passenger.

I will continue to oppose this bill unless this bill's supporters can back up their case with some data.

[Simfan34]

Mr Speaker, your data: http://www-nrd.nhtsa.dot.gov/Pubs/811379.pdf

[Ѕenator Αverroës]

Mr Speaker, your data: http://www-nrd.nhtsa.dot.gov/Pubs/811379.pdf

Thanks, but I'm more interested in data that suggests that this measure will be effective at reducing crash rates and, in turn, fatalities and injuries. My opposition certainly isn't rooted in the idea that distracted driving is not dangerous.

[IDS Legislator Alfred F. Jones]

Mr Speaker, your data: http://www-nrd.nhtsa.dot.gov/Pubs/811379.pdf

Thanks, but I'm more interested in data that suggests that this measure will be effective at reducing crash rates and, in turn, fatalities and injuries. My opposition certainly isn't rooted in the idea that distracted driving is not dangerous.

Therefore, you believe that this bill will not prevent distracted driving, correct?

[Rep Pyrofox]

For the same reasons which have been restated by the Speaker, I oppose this legislation.

[Ѕenator Αverroës]

Therefore, you believe that this bill will not prevent distracted driving, correct?

I'm not sure. But unless there's evidence that demonstrates that this bill or similar legislation will be effective at reducing crash rates, injuries, or fatalities, I am unlikely to support it.

[IDS Legislator Alfred F. Jones]

Therefore, you believe that this bill will not prevent distracted driving, correct?

I'm not sure. But unless there's evidence that demonstrates that this bill or similar legislation will be effective at reducing crash rates, injuries, or fatalities, I am unlikely to support it.

I see what you did there.

I'm still voting for this bill, though, but I am open to change.

[Ѕenator Αverroës]

With the veto of Equity Before the Law, I'm disinclined to support bills involving fines. But in this case, the deterrent value of replacing fines with community service would improve the effectiveness of this bill significantly.

Suppose you have 3% risk of being caught using your cell phone. For many drivers, a phone call (or a meal) will be worth a 3% risk of paying $200.00, $600.00, or even $1000.00. Far fewer drivers would risk giving up a day to perform court-ordered community service (and the resulting public shaming).

Furthermore, in a society of car-dependency, it's unfair to take away a person's license for anything but a very serious offense. In my view, distracted driving doesn't qualify as serious enough to merit us damning a person to life of dependency, marginalization, and immobility. Perhaps mandatory training would suffice as a replacement.

Let me suggest an amendment:

4 hours of community service on the first offense
8 hours of community service on the second offense
16 hours of community service on the third offense

[Simfan34]

Interesting, but in any case I think the penalties would need to be harsher.

[Ѕenator Αverroës]

How much harsher? 8 hour minimum? 16 hour minimum? More?

[Simfan34]

8 on the first offense, 16 on the second, 32 on the third... then what do you suggest afterwards?

[LINCOLN REPUBLICAN]

California has had tremendous success in saving lives through distracted driving legislation.

http://www.mobiledia.com/news/131049.html

California's phone ban is saving lives, according to reports, pointing to the benefits of government regulation to fuel similar support in other states.

In the first study of its kind examining the success of cell phone bans, University of California-Berkeley research showed overall accidents are down 22 percent, while collisions directly related to cell phone use on the road are down 47 percent. Advocates say these numbers show the state's ban on mobile phone use is reducing the number of accidents.

The California law's success could hush critics in the nine other states that outlaw talking and driving and the 35 states that prohibit text messaging in the car, including New York. Opponents to New York's harsher ticketing law say it is not effective, but the California study indicates law enforcers just need more time to prove the laws' success.

[Ѕenator Αverroës]

Thank you, Representative Winfield.

8 on the first offense, 16 on the second, 32 on the third... then what do you suggest afterwards?

I could support this. I withdraw my previous amendment and submit the following.

  8 hours of community service on the first offense
16 hours of community service on the second offense
32 hours of community service on the third offense and all further offenses

Community service will be supervised by the Northeast Department of Transportation. Appropriate service may include the following activities: roadside cleanup; vehicle maintenance; clearing storm drains; repairing or painting signs; shoveling snow, dirt, or gravel; or assisting emergency responders.

On the third offense, violators will also be required to participate in a 20-hour defensive driving course approved by the Northeast Department of Transportation. Violators will be required to cover the cost of the course up to $100. The license of any violator who does not pass this course within one month of his or her third offense will be suspended until he or she has passed the course.

I suspect that some minor changes may be necessary, as this was written in a bit of a rush, but does this cover the broad strokes?

[Simfan34]

It does. The Amendment is friendly.

[LINCOLN REPUBLICAN]

I could live with the community service amendment if that is what it would take to finally get a distracted driving bill through the Assembly.

[Ѕenator Αverroës]

The Assembly will now vote on the final legislation:

1. All vehicle operators while driving in the Northeast Region shall be restricted from the following activities:
 

    using hand-held cell phones in any capacity
    using electronic devices like laptop computers, video games, cameras, video entertainment displays and programming portable audio players, e.g. MP3 players
    reading printed materials in the vehicle
    writing, printing or sketching
    personal grooming


2. The penalty for the first offense shall be 8 hours of community service.

3. The penalty for the second offense shall be 16 hours of community service.

4. Any further offenses will result in a penalty of 16 hours of community service per offense.

5. Community service shall be supervised by the Northeast Department of Transportation. Appropriate service may include the following activities: roadside cleanup; vehicle maintenance; clearing storm drains; repairing or painting signs; shoveling snow, dirt, or gravel; or assisting emergency responders.

6. On the third offense, violators shall also be required to participate in a 20-hour defensive driving course approved by the Northeast Department of Transportation. Violators shall be required to cover the cost of the course up to $100. The license of any violator who does not pass this course within one month of his or her third offense shall be suspended until he or she has passed the course.

Voting will last 24 hours or until all members have voted.

[Simfan34]

aye

[IDS Legislator Alfred F. Jones]

Aye.

[LINCOLN REPUBLICAN]

Aye

[Ѕenator Αverroës]

Aye

[Ѕenator Αverroës]

The bill passes the Assembly with unanimous support.

[IDS Legislator Alfred F. Jones]

Where's Pyro?

[Rep Pyrofox]

I was and still am against this measure. Nay.