Texting & Driving

Every once in a while lawmakers create dumb laws despite having good intentions. This is one of them:

A few weeks ago, Honolulu City Council member Charles Djou introduced a bill to ban texting while driving. Yes, he wants to prevent people from writing text messages on their phones while they drive.

Now, I’m not against allowing people to text while they drive, I just can’t see how the cops are going to enforce this.

Here’s what Bill 67 says:

Sec. 15-24. Electronic devices.
(a) As used in this section:

“Video games” are any of various games that may be played by use of a hand-held electronic device

“Write send or read a text-based communication” means using an electronic wireless communications device to manually communicate with any person using text-based communication, including, but not limited to, communications referred to as text messaging, instant messaging, and electronic mail.

(b) No person shall engage in the following activities while operating a motor vehicle:
1. Write, send, or read a text-based communication: or
2. Play video games.

(c) For purposes of this section, a person shall not be deemed to be writing, reading, or sending a text-based communication if the person reads, selects, or enters a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call.”

SECTION 3. New ordinance material is underscored. When revising, compiling, or printing this ordinance for inclusion in the Revised Ordinances of Honolulu, the revisor of ordinances need not include the underscoring.

As you can see, it still allows a regular citizen to dial a phone number and call it.

1. How is a cop going to know someone isn’t dialing in a phone number?

2. What prevents someone from saying they were dialing in a phone number when they were really texting?

3. Will this City Ordinance apply on State roads?

4. Phoenix, Arizona has a similar law and cops there say the texting ban is essentially unenforceable because they cannot confiscate the driver’s phone to check for text messages. If the bill is amended to allow cops to confiscate phones, I predict people are going to be “flames-from-the-ears” pissed.

5. Also, what prevents someone from closing his or her phone to cancel the message?

6. Lastly, will this apply to cops and their squad car laptops?

If this passes, I predict that the not a single person will be cited and the newspaper is going to run an article saying “Texting Ban Proves Largely Unenforceable”. Most likely though, sanity will prevail and people will kill the bill.