So, you’d think it would be a simple thing for states to pass laws prohibiting texting. It’s pretty obvious that texting and driving aren’t compatible activities. The data shows a 2,200% increase in crash risk. And multiple polls show that drivers favor regulations against texting while driving.
 
But it’s not that simple. Vehicle and consumer product safety is mandated by federal agencies, as are laws regarding mass transit and commercial driving between states; indeed Secretary LaHood announced new regulations regarding train, bus, and truck operators at the conclusion of the Driver Distraction Summit in Washington, D.C. In contrast, driving laws regarding individuals are controlled at the state level. A federal law, like the ALERT Drivers Act legislation supported by Senators Chuck Schumer, Bob Menendez, Kay Hagan, and Mary Landrieu, can push states to pass laws through sanctions such as withholding federal highway funds if states do not pass bans on driving while texting.
 
Two state legislators who were panelists here, Senator Bruce Starr from Oregon and Representative Steve Farley from Arizona, stated that there are disadvantages to federal laws using the “stick” approach of withholding highway funds  rather the “carrot” approach in offering incentives to push the passage of state laws. A top-down federal approach raises the hackles of some state legislators, who feel they were the ones elected to represent their constituents, not some senator from another state.
 
There is also a concern that texting laws would be very difficult to enforce. This notion was dispelled by Major David Salmon, the director of the traffic services division of the New York State Police. New York was the first state to legislate a hand-held cell phone ban. Last year, 8 percent of the tickets issued in New York were for for cell phone use while driving. As Major Salmon put it, state troopers can be very resourceful at figuring out how to enforce laws, so doing so would unlikely pose a problem.
 
One important point: it was stressed by numerous presenters that for any law to have a bite to it, it needs to be a “primary” law. That means that a law enforcement officer can pull you over for the primary task of being on a phone or texting, rather than being charged as a secondary offense to some other traffic violation.
 
Many different parties, from vehicle manufacturers to insurance companies to the electronics industry, back state laws against distracted driving. But there is one very important component missing. If you want laws to help protect you against distracted driving, contact your state legislators. Most polls show wide support for legislation, but it was made clear at the Driver Distraction Summit that direct contact from constituents can make a big difference in getting laws passed. 

—Tom Mutchler

For more information on distracted driving see our related reports:
Choosing words wisely in the distracted driving discussion
Distracted Driving Summit: The hands-free debate
Defining the problem: Casting a wide net over driver distraction
Automakers agree to ban
Anti-texting video to scare drivers straight
Using wireless communication devices while driving
Cell phone use and driving laws
Dangers of cell phones while driving
Should cell phone use by drivers be illegal?
Texting while driving
Talking in the slow lane