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Proposed cell phone ban while driving one step too far

Published: Tuesday, December 27, 2011

Updated: Tuesday, December 27, 2011 18:12

Cell phone usage

AP Photo

In a Wednesday, Dec. 14, 2011 file photo, Dan Johnson uses a hands-free device to talk on a cellphone while driving, in San Diego. The National Transportation Safety Board declared Tuesday, Dec. 13, that texting, emailing or chatting while driving is simply too dangerous to be allowed anywhere in the United States.

Illinois lawmakers recently announced a consideration to ban drivers from using cell phones while operating a vehicle, even if they're using a hands-free device. The idea for the ban came from a national recommendation by the National Transportation Safety Board, in an effort to decrease distracted driving accidents.

Undoubtedly, the intentions behind the idea for this ban are good. The NTSB reported approximately three thousand Americans were killed in accidents involving distracted drivers this year. Obviously we'd all love to see that number come down, but this law is not the way to go about it. This proposed ban is just another example of the government becoming too invasive, and completely impractical.

Illinois has already made it illegal for individuals to text message while they are driving and a number of cities, including Chicago, have rules fording the use of cell phones with out a hands-free device. These laws make sense. Texting causes people to constantly take their eyes off the road and often requires two hands. Obviously, such activity is not safe for drivers to be engaging in.

However, when someone uses a phone headset, this problem goes away. In essence, it's no different than singing along to the radio or talking to another person in the passenger seat, yet it would be absurd to consider banning either one of these activities in the car. This is not to say that the number of cell phone related traffic deaths is not tragic or too high, but at some point the government has to accept that traffic accidents happen. It is not right to curtail everyone's personal freedoms simply because some individuals make unwise driving choices.

Assuming telling people when they can and cannot talk on the phone in a non-public space was not an infringement on personal privacy, the law would still not be enforceable. Just because something is illegal does not necessarily mean people stop doing it. If this ban becomes a law, enforcing it will be an uphill climb. The offenders holding the phones to their ears would be easier targets, but all people would really have to do to avoid a ticket would be to get a headset. Nobody would bother looking closely into a moving car to see if the drivers were wearing a Bluetooth earpiece, and even if they were, the officer would still have to prove they were actually using it.

If the Illinois lawmakers really want to reduce cell phone related traffic accidents, they should start by passing a statewide requirement of using a headset, not banning cell phone use all together.

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