Fed takeover of the roadways? US ban on cellphone use while driving sought.

We all know how the feds feel about local law enforcement enforcing federal laws. Now, there is a proposal for a FEDERAL LAW to ban cell phone use while driving.

U.S. ban sought on cell phone use while driving

U.S. Transportation Secretary Ray LaHood called on Thursday for a federal law to ban talking on a cell phone or texting while driving any type of vehicle on any road in the country.

Tough federal legislation is the only way to deal with what he called a "national epidemic," he said at a distracted-driving summit in San Antonio, Texas, that drew doctors, advocates and government officials.

LaHood said it is important for the police to have "the opportunity to write tickets when people are foolishly thinking they can drive safely or use a cell phone and text and drive."

LaHood has previously criticized behind-the-wheel use of cell phones and other devices, but calling for a federal law prohibiting the practice takes his effort to a new level.

The National Highway Traffic Safety Administration estimates that 3,000 fatal traffic accidents nationwide last year were the result of distracted driving. Using a cell phone while driving delays reaction time the same amount as having a blood alcohol concentration of .08, the legal limit, the highway agency said.

Reuters

The movement to ban texting while driving is commendable but, it should be done on a local and state level. Last I checked, local cops aren't supposed to enforce federal laws, that's the job of federal law enforcement agencies like the FBI, ATF and (worst of all) the TSA.

Is this a move to replace our local police with federal agents? Is this how they will get a TSA agent on every street corner?

Think about it; if they make this a federal law, they will need federal law enforcers patrolling our streets in order to enforce it. They could take traffic enforcement away from local law enforcement, away from the local police and put it into the hands of unaccountable, jackbooted thug, TSA agents.

If they are serious about a national ban on texting while driving, they should tie it to federal highway funding. That's how they got all the DUI laws into place. There is no need for a Federal law against texting. That's what we have state laws for.

Amazing there would be a federal cell phone law but no federal seatbelt law.

Not that there should be either but it really illustrates the fickle stupidity of public opinion and how much clout that stupidity has over government action.

Nice thought.... Lahood isn't a king anymore than Obama is. He'll need to rephrase that just a little bit. They have no authority over laws at this level and even their creativity cannot get around that one. It was done to truck drivers but only because CDLs actually are a Federal extension of the driving and properly fit within the Commerce clause. It isn't happening this way. Not any longer than it takes to get to the courts, anyhow.

What they can do is the same thing they did for the speed limits, drinking age and other things the feds want but cannot order and just attatch federal funds or the holding back of them. The states are getting a little sick of that though, at least some of them are. I think almost all have about had it with federal over-reach.

Sorry guyz but I'm going to disagree.

Any idiot caught texting while driving should be treated the same as a drunk driver.

If it's an emergency I can understand using your cell to talk but only in an emergency.

If you need to talk on your cell phone then pull over and stop, using i cell phone whilst driving is an unneeded distraction which will slow down your reaction times when you need them the most.

reply to post by cavalryscout

reply to post by bhaal



Every state in the union has a stack of distracted/reckless driving laws.

There is no need for further redundancy. And statistically, as we have seen from states with phone specific laws such as MA, there is no benefit.

Approving of even more laws (especially redundant ones) because current laws are either not enforced or simply not enforceable or as some veiled attempt to calm irrational fears over your sacry/reckless/stupid/hostile neighbors is a big reason why America is in the mess it is.

reply to post by bhaal


While I see anything coming from the fed as invasion of privacy and intrusion, I have to agree with this ban, when you see accident involving death cause by use of cell phones while driving and more so the victims of this reckless habit is not short of drunk and driving accident results.

Like you said , pull over and do whatever you want with your cell phone. This is not a ban on phone usage but where to use it and while driving should not be a right.

Comparing this to seat belt laws is silly.

Seat belts don't cause accidents, they prevent injury, and every state has already passed seat belt laws.

Texting while driving CAUSES accidents, hurts other people, and it's not a nationwide law passed by states.

This is a no brainer folks. I'm sure people will paint this as another massive intrusion on our rights but it's common sense in my eyes.

If it makes the roads more safe for me and my family then I am all for it.

I can't tell you how many times I've almost been hit or run out of my lane because of some idiot texting or searching for a number to dial on their phone. Or just plain not paying attention while talking on their phone. When you're driving a 3000-4000lb machine down a road you should be focused on what you're doing. Not chatting up your bff.

reply to post by MiddleClassWarrior

I'm afraid 'common sense' and 'for the children' are both things that can carry us right into a nanny state that really hides a police state with velvet gloves. Stupidity is stupidity and if a wreck comes based on this being a factor, throw the book at the person. Conversely, the idea that I get a ticket because I read a text coming in while in 2-3mph stop and go traffic it just gotcha garbage.

If an accident happens because of texting, it's not different than gross negligence caused by any other major distraction a driver can't handle and I'd be fine with criminal charges if injury happens. Either way though, this is all for the states and never for the Feds.

The place of State vs. Federal Government and the fact there even IS a difference between the two is the point I believe I was reading the OP for focusing on and I personally would agree is the major issue for our nation to settle.

.....again

The issue here isn't wether there should be a law against texting and driving. I'm all for that. My issue is that it should be local and state laws against this and NOT a federal law against cell phone use while driving.

As far as I know, there are no federal laws regarding traffic enforcement. All traffic enforcement is done by local and state police. If there were federal laws governing traffic, they would have to be enforced by federal officers.

Do you really want to have the FBI and the TSA patrolling our streets enforcing traffic laws? That is where this type of proposal is heading us.

Originally posted by thisguyrighthere
Amazing there would be a federal cell phone law but no federal seatbelt law.

Not that there should be either but it really illustrates the fickle stupidity of public opinion and how much clout that stupidity has over government action.

We do have a Federal Seat Belt Law.
Mandatory Seat Belt Law
I am not a big fan of "Federal" laws, but I am in full agreement with this measure. I have had many very close calls involving people talking on their cell, instead of paying attention to their driving. Our neighbor guy was in a parking lot, driving his new SUV, and texting on his Blackberry, and ran right into a cement stanchion, totalling the vehicle. Then the fool admitted to the adjuster what he was doing, the insurance company refused the claim. I laughed right in his face when he told me the story.

reply to post by autowrench


That law is with regards to the installation of seatbelts. A commerce related law.

Not about use.

reply to post by cavalryscout


I also disgree. You need to text, pull over. Or if you need to call use a hands free device or pull over. Many accidents were caused be ause of those. Not because of the lack of attention but because of the delayed reaction time.

Stats

So who will enforce this other than the police that are already on their cell phones and all have a computer monitor directly in the center of the dashboard that they must interact with- even while driving- and the band radio for dispatch and I personally witnessed cops texting while driving.

My point. Why allow those enforcing the laws to break them in order to enforce the laws?

This is just another excuse to approach and harass any given citizen.

Originally posted by eazyriderl_l
So who will enforce this other than the police that are already on their cell phones and all have a computer monitor directly in the center of the dashboard that they must interact with- even while driving- and the band radio for dispatch and I personally witnessed cops texting while driving.

My point. Why allow those enforcing the laws to break them in order to enforce the laws?

This is just another excuse to approach and harass any given citizen.

Dont cops ride in duos? Or is it common for an officer to be alon in his patrol car in america?

Originally posted by Cassius666

Dont cops ride in duos? Or is it common for an officer to be alon in his patrol car in america?

Depends on where you are in America.

Believe it or not the jack-boot post-911 everyone is a terrorist federally funded paramilitary armored assault vehicle style of modern policing hasnt reached every municipality.......yet.

Somewhere there is a single cop in a single car smiling and waving at people.

The dark cloud of hyper-militancy will get him sooner or later.

reply to post by FortAnthem

As far as I know, there are no federal laws regarding traffic enforcement. All traffic enforcement is done by local and state police. If there were federal laws governing traffic, they would have to be enforced by federal officers.

Yes.
If Arizona isn't allowed to enforce federal laws regarding immigration, how could the feds allow anyone but federal agents to enforce a federal cell phone law?

reply to post by thisguyrighthere

Depends on where you are in America.

Most of America today.

With budget cuts happening in most communities at municipal and state levels, you will see fewer cops with partners.

Originally posted by cavalryscout
Sorry guyz but I'm going to disagree.

Any idiot caught texting while driving should be treated the same as a drunk driver.

If it's an emergency I can understand using your cell to talk but only in an emergency.

edit on 27-4-2012 by cavalryscout because: (no reason given)

I completely agree, I have been rear ended multiple times by people who where texting or talking on the phone. I cant see it being some kind of "powers that be" takeover. Its just plain dangerous and the statistics show this.