04 August 2012

Texting & Driving: Another Government "Safety" Cash Grab

Anti-phone and anti-texting laws are more of the same smoke-and-mirrors that convince the gullible that government is "doing something" about a particular problem.  Results are rarely compiled and analyzed, motives are never discussed beyond vague notions of increased safety, etc.

However, in order for the cause to deliver the promised effect, let us examine the spots on all the dominos that must fall in the correct order:

1) The law must reduce or eliminate the deleterious behavior it claims to address
2) Police must not divert their attention from more pressing matters i.e. those which exist approximately 100% of the time spent on patrol.
3) If safety is our overriding concern, then police must also be prevented from the use of their phones, radios, and even in-car laptops while in motion, claims of superior driving skill and training notwithstanding (especially in light of their tendency to do 90 MPH on our highways).
4) Police must be able to discern the act taking place, often through dark tinted glass and often while traveling 70+ mph on the highway
5) Motorists can't claim to be adjusting the radio, their GPS, their mirrors, their air conditioning, their seat, their steering wheel, their iPod, or simply speaking on their phone as oppposed to using it to text.
6) Prosecutors must be able to prove conclusively that the prohibited activity was taking place.
7) The law's punishments should be directed towards cessation of the activity rather than monetary fines that are simply a stealth tax.

If the state fails to meet ANY ONE of these conditions (and many more not listed here) then that is prima facie evidence that the law is as flawed as the motivations behind it.  Worse, it is evidence of the state acting in bad faith when it claims to promote safety when its actual purpose is revenue generation (see also:  artificially low speed limits in direct conflict with traffic engineeers' recommendations).

The fact is that there are good and bad drivers with or without technological gadgets involved.  Licensing procedures and driving tests are an unfunny, undemanding joke especially when it comes to the inexperienced, the elderly and the infirm.  But keeping poor or flat-out incompetent drivers from getting behind the wheel would reduce license fee revenue, insurance premiums (which are partially converted to political donations), and the potential for revenue from moving violations and parking fines.

There are those drivers, despite claims by government and its enablers, that can and do rely on their own judgment, skill, experience and intelligence to use communications devices safely while in motion.  They complete thousands of safe trips every hour, every day - some of them lucky enough to still have jobs use their phones for business purposes.

One-size-fits-all clothing rarely is, and one-size-fits-all government "solutions" rarely, if ever, solve the problem they purport to address.  Indeed, they often make the problem worse.

We haven't even touched on the concepts of liberty, freedom, private property, etc. but they are potent trump cards in the fight against ever-encroaching statism sold under the rubric of safety.

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