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DCJ001

macrumors 6502a
Dec 12, 2007
521
253
you're really (in theory) not supposed to be screwing around with your dashboard while driving.

So, you're saying that, before anyone starts driving, people are required to inset a CD or choose a radio station and set the volume and never adjust either once a trip is en route. Right?
 

lilgto64

macrumors member
Apr 13, 2009
36
0
Ohio
Most tickets wouldn't apply then if something could be done only after something actually happened. Tickets for going over the speed limit wouldn't apply. Tickets for broken/non-working lights. Tickets for DUI even. That doesn't seem to make much sense really. The whole point of sticking to the laws/regulations and making sure that people stick to them is to avoid all those those bad things, not to wait for them to happen so that then people can be punished for them.

I suspect what is being suggested is that there is no objective way to measure how distracted a driver is and whether or not that level of distraction actually increases the risk to themselves or anyone else.

Whereas, you can objectively measure someone's blood alcohol level, and objectively measure their MPH over a posted limit and those can be tied at least statistically to harm resulting in previous actual events caused by drivers with that level of DUI or traveling at those speeds.
 

B2k1977

macrumors regular
Mar 15, 2009
191
194
common sense?

and then there is just plain old common sense.....

I thought Nanny Government was supposed to tell us what's best for us? For example, I get real warm and fuzzy now that I don't have to worry about what light bulbs or health insurance coverage to buy because I must be too stupid to figure all that out myself. Who needs common sense when we've got politicians?:rolleyes:
 

M!M!C

macrumors member
Dec 23, 2008
40
0
SoCal
MOST "distracted driver" laws are idiotic.


Here's a simple suggestion: Write a law that says ANY distraction is punishable, IF it causes you to cause or be involved in an accident. I don't care if the distraction is your cellphone, your desire to apply makeup while you are driving, your trying to fish a CD case off the floor on the passenger side, or you turning around because your kids in the backseat are misbehaving -- if you take your hands off the wheel or take your eyes off the road, YOU ARE A DISTRACTED DRIVER.

So, eyes front and DRIVE.

----------

"No, officer, I wasn't distracted when I caused that accident; I was looking at porn on my iPhone. Pretty sure the law doesn't cover that."

And I thought inattentive driving was already against the law?
 

ArtOfWarfare

macrumors G3
Nov 26, 2007
9,560
6,059
The answer to that is obvious: You shouldn't be handing out tickets to anyone JUST because they are distracted. The distraction must lead to actual harm. We shouldn't punish people for what might have happened; we should punish them for what DOES happen.

The issue is that such negligence can easily end the lives of multiple people. The primary aim of the law isn't to punish you for things you've done, but to discourage you from the practices that will abruptly end your life and/or innocent lives around you.

What you're saying is like saying that ignoring a stop sign and cutting someone else off is okay as long as you don't crash. Quite frankly, I actually think the opposite: you should get a ticket if nothing bad happens and you shouldn't get a ticket if you do crash, because having to fix your car plus whatever you hit is already punishment enough, I think (unless people are seriously injured or killed as a result of your negligence. That's another matter entirely.)
 

BiscottiGelato

macrumors 6502
Mar 11, 2011
307
132
If you are not driving like a robot with 100% attention to the road you are breaking the law. Yes, that includes having free thinking and thinking about anything but the road ahead of you.

If we have everybody working on driver-less cars instead of coming up with useless laws, we won't need to debate about driving anymore. Because humans are not designed to be like robots. Hell in fact it's law that's preventing driverless car from progressing as fast as it can potentially be.

Law is needed, but a lot of them are needless, stupid, reactionary, knee-jerk, and creates unintended consequences. More often than not putting up some new legislation is not the best solution, if not creating more problems. Putting more walls and red-tape will not change human nature, it merely fattens up politician, lawyers and law enforcement. Work with human nature instead of against it, the world will work a lot smoother.
 

RicD

macrumors member
May 12, 2010
99
50
USA
In car GPS

Well, does these laws also apply to in car GPS mapping programs, and the like?
 

vpndev

macrumors 6502
May 11, 2009
288
98
common sense

If the traffic was indeed stopped, as the description seems to indicate, then why was this officer looking for ticket opportunities instead of helping it move more smoothly.

Oh wait - he was under quota. Sorry.
 

scoobydoo99

Cancelled
Mar 11, 2003
1,007
353
What issue?

exactly.

awesome!
idiotic police giving tickets L and R to substantiate their own meaningless existence!

MOST cops don't think, he should have moved on, obviously the drives was not endangering the traffic in anyway doing what he did.

correct. overzealous government thugs are a bigger problem than distracted driving.

The real problem is caused by people texting or talking on the phone, one-handed and not paying attention.

What about driving one-handed with a Big Gulp in the other? It's not the single-handed driving that causes distraction, it is the cognitive load of being immersed in a conversation! Of course, the reactionary media and obtuse lawmakers tout silly laws that somehow imply that talking on the phone "hands free" solves the problem. It doesn't.

Most car companies have tried to make it a little easier with voice commands and steering wheel controls, but yeah.. you're really (in theory) not supposed to be screwing around with your dashboard while driving.

Does this include activating my windshield wipers, moving the turn signal stalk, or resetting my trip odometer? Who says your not supposed to interact with a dashboard?

Driving with kids is a different matter, but somewhat unavoidable unfortunately.

Use a condom. ;)

Most tickets wouldn't apply then if something could be done only after something actually happened. Tickets for going over the speed limit wouldn't apply. Tickets for broken/non-working lights. Tickets for DUI even. That doesn't seem to make much sense really. The whole point of sticking to the laws/regulations and making sure that people stick to them is to avoid all those those bad things, not to wait for them to happen so that then people can be punished for them.

"going over the speed limit" is the very definition of NOTHING HAPPENING.

I suspect what is being suggested is that there is no objective way to measure how distracted a driver is and whether or not that level of distraction actually increases the risk to themselves or anyone else.

Whereas, you can objectively measure someone's blood alcohol level, and objectively measure their MPH over a posted limit and those can be tied at least statistically to harm resulting in previous actual events caused by drivers with that level of DUI or traveling at those speeds.

Wrong. The idea that speed is statistically correlated to "harm" is not supported by facts. The "speed kills" mantra has been repeated so often by institutions, insurance companies, and the media that some actually believe it. Speed limits are simply revenue generators for states, municipalities, and insurance companies. How do they generate statistics that purport to show a correlation between speed and accident rates? Simple. On every police accident report there are check-boxes for causal factors. Speed is one of them. If someone was exceeding the speed limit the bumbling cop ALWAYS checks "Speed", even if it actually had nothing to do with the cause of the accident. Bingo - plenty of "speed-related" accidents and deaths. Germany has a much lower per capita accident and fatality rate than the U.S., yet they have vast expanses of autobahn with NO speed limit. It was okay for me to cruise at 170mph last month when I was there, yet here in the U.S. I would be considered a dangerous criminal. Why?
 

shyam09

macrumors 68020
Oct 31, 2010
2,229
2,498
There should be a number of traffic tests and studies of this before they write any more laws. What's the difference between a "smartphone map app" and an old standalone Tom-Tom?

smartphone = more than just a GPS. It's a world of apps / internet / etc. If you are a careless driver, chances are your phone isn't going to be used as a GPS only. That being said, if you are looking down while looking at your phone, or if you are fiddling with getting directions WHILE driving, you are putting yourself and others at risk.
I don't think the article mentioned it, but it wasn't clear how the driver was using the phone (eyes pointed towards road or not...).

Bottom Line: If you are lost, pull over and then use your phone. You waste a couple of minutes, but in those couple of minutes you probably just saved your own life and the people around you! If you need a GPS to pull over, then, please stay away from the driver's seat as much as possible!!
 

terraphantm

macrumors 68040
Jun 27, 2009
3,814
663
Pennsylvania
Wrong. The idea that speed is statistically correlated to "harm" is not supported by facts. The "speed kills" mantra has been repeated so often by institutions, insurance companies, and the media that some actually believe it. Speed limits are simply revenue generators for states, municipalities, and insurance companies. How do they generate statistics that purport to show a correlation between speed and accident rates? Simple. On every police accident report there are check-boxes for causal factors. Speed is one of them. If someone was exceeding the speed limit the bumbling cop ALWAYS checks "Speed", even if it actually had nothing to do with the cause of the accident. Bingo - plenty of "speed-related" accidents and deaths. Germany has a much lower per capita accident and fatality rate than the U.S., yet they have vast expanses of autobahn with NO speed limit. It was okay for me to cruise at 170mph last month when I was there, yet here in the U.S. I would be considered a dangerous criminal. Why?

I tend to agree that the speeding laws are purely revenue generators (for both the police and insurance companies). I do think residential speed limits are justified since those situations are less predictable. A limited access highway on the other hand really doesn't need a speed limit or it should be at least 90-100mph if they must have one. Always seemed odd to me that we as a country tend to buy higher horsepower vehicles than the rest of the world despite having some of the slowest speed limits.

That said, I don't consider distracted driving laws to be the same. I consider it to be about as bad as driving drunk -- the potential consequences are too much.
 

Lancer

macrumors 68020
Jul 22, 2002
2,217
147
Australia
I'd bet many more crashes have happened over the years with drivers trying to read paper maps long before the GPS or smart phone maps came along.

I do agree when driving you need to concentrate of that task alone but any service like GPS that can help you navigate without distraction must be of benefit and be able to legally use smart phone map apps is a plus, as long as they don't text and pick up the phone to make a call.
 

TechZeke

macrumors 68020
Jul 29, 2012
2,454
2,287
Dallas, TX
This isn't gonna fly in NY. The Vehicle and Traffic Law doesn't allow you to use ANY electronic device while driving.

1225-d. Use of portable electronic devices. 1. Except as otherwise
provided in this section, no person shall operate a motor vehicle while
using any portable electronic device while such vehicle is in motion;
provided, however, that no person shall operate a commercial motor
vehicle while using any portable electronic device on a public highway
including while temporarily stationary because of traffic, a traffic
control device, or other momentary delays. Provided further, however,
that a person shall not be deemed to be operating a commercial motor
vehicle while using a portable electronic device on a public highway
when such vehicle is stopped at the side of, or off, a public highway in
a location where such vehicle is not otherwise prohibited from stopping
by law, rule, regulation or any lawful order or direction of a police
officer.
1-a. No motor carrier shall allow or require its drivers to use a
portable electronic device while operating a commercial motor vehicle as
provided in this section.
2. For the purposes of this section, the following terms shall have
the following meanings:
(a) "Portable electronic device" shall mean any hand-held mobile
telephone, as defined by subdivision one of section twelve hundred
twenty-five-c of this article, personal digital assistant (PDA),
handheld device with mobile data access, laptop computer, pager,
broadband personal communication device, two-way messaging device,
electronic game, or portable computing device, or any other electronic
device when used to input, write, send, receive, or read text for
present or future communication.
(b) "Using" shall mean holding a portable electronic device while
viewing, taking or transmitting images, playing games, or, for the
purpose of present or future communication: performing a command or
request to access a world wide web page, composing, sending, reading,
viewing, accessing, browsing, transmitting, saving or retrieving e-mail,
text messages, instant messages, or other electronic data.
(c) "Commercial motor vehicle" shall have the same meaning as such
term is defined by subdivision four-a of section two of the
transportation law.
(d) "Motor carrier" shall have the same meaning as such term is
defined by subdivision seventeen of section two of the transportation
law.
3. Subdivision one of this section shall not apply to (a) the use of a
portable electronic device for the sole purpose of communicating with
any of the following regarding an emergency situation: an emergency
response operator; a hospital; a physician's office or health clinic; an
ambulance company or corps; a fire department, district or company; or a
police department, (b) any of the following persons while in the
performance of their official duties: a police officer or peace officer;
a member of a fire department, district or company; or the operator of
an authorized emergency vehicle as defined in section one hundred one of
this chapter.
4. A person who holds a portable electronic device in a conspicuous
manner while operating a motor vehicle or while operating a commercial
motor vehicle on a public highway including while temporarily stationary
because of traffic, a traffic control device, or other momentary delays
but not including when such commercial motor vehicle is stopped at the
side of, or off, a public highway in a location where such vehicle is
not otherwise prohibited from stopping by law, rule, regulation or any
lawful order or direction of a police officer is presumed to be using
such device, except that a person operating a commercial motor vehicle
while using a portable electronic device when such vehicle is stopped at
the side of, or off, a public highway in a location where such vehicle
is not otherwise prohibited from stopping by law, rule, regulation or
any lawful order or direction of a police officer shall not be presumed
to be using such device. The presumption established by this subdivision
is rebuttable by evidence tending to show that the operator was not
using the device within the meaning of this section.
5. The provisions of this section shall not be construed as
authorizing the seizure or forfeiture of a portable electronic device,
unless otherwise provided by law.
6. A violation of this section shall be a traffic infraction and
shall be punishable by a fine of not less than fifty dollars nor more
than one hundred fifty dollars upon conviction of a first violation;
upon conviction of a second violation, both of which were committed
within a period of eighteen months, such violation shall be punished by
a fine of not less than fifty dollars nor more than two hundred dollars;
upon conviction of a third or subsequent violation, all of which were
committed within a period of eighteen months, such violation shall be
punished by a fine of not less than fifty dollars nor more than four
hundred dollars.

I like how they specify "Portable device". Sweet, I can put my iMac in the passenger seat and have 27" of distracted goodness.
 

JoeG4

macrumors 68030
Jan 11, 2002
2,842
518
I do think people should drive with care :|
 
Last edited:

C DM

macrumors Sandy Bridge
Oct 17, 2011
51,390
19,458
exactly.



correct. overzealous government thugs are a bigger problem than distracted driving.



What about driving one-handed with a Big Gulp in the other? It's not the single-handed driving that causes distraction, it is the cognitive load of being immersed in a conversation! Of course, the reactionary media and obtuse lawmakers tout silly laws that somehow imply that talking on the phone "hands free" solves the problem. It doesn't.



Does this include activating my windshield wipers, moving the turn signal stalk, or resetting my trip odometer? Who says your not supposed to interact with a dashboard?



Use a condom. ;)



"going over the speed limit" is the very definition of NOTHING HAPPENING.



Wrong. The idea that speed is statistically correlated to "harm" is not supported by facts. The "speed kills" mantra has been repeated so often by institutions, insurance companies, and the media that some actually believe it. Speed limits are simply revenue generators for states, municipalities, and insurance companies. How do they generate statistics that purport to show a correlation between speed and accident rates? Simple. On every police accident report there are check-boxes for causal factors. Speed is one of them. If someone was exceeding the speed limit the bumbling cop ALWAYS checks "Speed", even if it actually had nothing to do with the cause of the accident. Bingo - plenty of "speed-related" accidents and deaths. Germany has a much lower per capita accident and fatality rate than the U.S., yet they have vast expanses of autobahn with NO speed limit. It was okay for me to cruise at 170mph last month when I was there, yet here in the U.S. I would be considered a dangerous criminal. Why?
Sorry but until the vast majority of the population suddenly becomes more intelligent and capable we'll have laws to protect as many of us as possible from that majority of us who just end up doing stupid stuff way too often whether they realize it or not. Yes, speeding might be fine when those who do it can actually handle themselves, but unfortunately far too many can't even park properly in a parking spot even after backing up and retrying a number of
times. Sorry, but I certainly don't want people like that speeding, and try to not to think too much about them even going at the speed limit. Throw in some distraction into play, and, well, it only gets worse.
 

Nahaz

macrumors 6502
Jun 2, 2010
311
35
Australia
I'm sure this loophole will be closed. Too many people (Lawyers) will probably try to exploit it for the money.
 

the8thark

macrumors 601
Apr 18, 2011
4,628
1,735
MOST "distracted driver" laws are idiotic.

And it's not because distracted driving is OK. The problem is that most of these laws concentrate on SPECIFIC distractions: Texting and e-mailing are NOT OK, but scrolling through your list of contacts to find a number to dial or using a map IS OK? That's one of the stupidest things I've ever heard.

Here's a simple suggestion: Write a law that says ANY distraction is punishable, IF it causes you to cause or be involved in an accident. I don't care if the distraction is your cellphone, your desire to apply makeup while you are driving, your trying to fish a CD case off the floor on the passenger side, or you turning around because your kids in the backseat are misbehaving -- if you take your hands off the wheel or take your eyes off the road, YOU ARE A DISTRACTED DRIVER.

So, eyes front and DRIVE.

Terrible idea. Your idea is just punishes the crime if there is an accident. The crime is still being committed even if there is no accident. And by your definition these crimes would go unpunished. The idea should be to prevent accidents and not just punish the causers of accidents.
 

petsounds

macrumors 65816
Jun 30, 2007
1,493
519
It is possible that the California state legislature will address the issue in a future session as the law was likely intended to ban drivers from playing Angry Birds or making changes in a smartphone mapping app while driving, though a strict reading of the law doesn't explicitly make those activities illegal.

Really? Are you a lawyer? Or just editorializing.

If the intention of the law was to also cover Angry Birds and mapping apps, then the law would've not been so narrowly defined. It's not like those applications weren't available when the law was passed.

In fact, what's the difference between a car's built-in navigation app and a smartphone app? Nothing. Both have touchscreen and/or physical controls, and both offer voice control. In fact, the in-car apps are usually more distracting than Apple and Google's software because they are badly designed. But yet no one complains about the built-in stuff. Or what about an intense conversation in the car? Or trying to change the radio station?

My advice to all state legislatures would be to stop with the nanny state policing and reactionary legislation. If you want to advocate anti-distraction laws, then craft something reasonable and general, with a focus on ticketing for distractions which cause an accident or erratic driving behavior, not what activities might cause some hypothetical traffic violation to occur.
 

smirking

macrumors 68040
Aug 31, 2003
3,744
3,718
Silicon Valley
I'd bet many more crashes have happened over the years with drivers trying to read paper maps long before the GPS or smart phone maps came along.

I wonder about this myself, but I also tend to think that trying to read one of the old fashioned fold out paper maps is such an impossible task while you're driving that only the idiot of idiots would even attempt to lookup a cross street on the back side and then try to locate square A-4 on the front side while shifting through traffic... not that I haven't tried this myself before in my younger days. I also quickly realized it was both futile and stupid so I pulled over.

Smartphones are more seductive than paper maps. They whisper to you that it'll only take two seconds and it'll be easy and so you oblige. I once tried to use Siri to help me reroute my trip to a dental appointment that I was late for when I ran into a road closure. Under the stress of trying to instruct Siri while scanning for exits and trying to think of my own alternate routes was too much. I realized I was becoming one of those distracted bozos who thinks that he's such an excellent driver that he can do whatever he d*mn well pleases behind the wheel.
 

smirking

macrumors 68040
Aug 31, 2003
3,744
3,718
Silicon Valley
My advice to all state legislatures would be to stop with the nanny state policing and reactionary legislation. If you want to advocate anti-distraction laws, then craft something reasonable and general, with a focus on ticketing for distractions which cause an accident or erratic driving behavior, not what activities might cause some hypothetical traffic violation to occur.

I think the reason why the laws are written the way they're written is because it's actually harder to pass something of the variety that you're describing. We all want to believe that if our laws were just written in common sense then everything would be sunshine and peaches... interview me in depth about what my idea of common sense is and you may be horrified at how twisted my views are from your viewpoint.

Also, every company and interest group out there has some corner of turf that they would end up trying to protect if you try to ban distracted driving as a general concept. A few years back, I remember listening to an interview with one California lawmaker who proposed the ban on talking on your cell phone while driving and callers from the radio asked him why he didn't include texting and other forms of distracted driving. I believe he replied that it wasn't because those thoughts never came up, but because it just wasn't feasible yet.
 

Solomani

macrumors 601
Sep 25, 2012
4,785
10,477
Slapfish, North Carolina
I'm almost certain that 'vacuum' won't last; too much at stake with lives lost due to distracted driving.

Government simply has to treat it like mobile phone calling use: require that the mobile Maps/GPS app be fully functional with "hands-free" operation. And then the accidents will decrease, it will not eliminate distracted driving completely, but it will reduce accidents/fatalities to a much smaller percentage. Apple and Google and Microsoft can easily comply with this. Then the driver can keep his eyes on the road. (Apple already has Siri that does some of these functionality).

Does this eliminate distracted driving totally? No. But this is a FAR BETTER compromise than some moronic US Congress making an extreme legislation that Apple Maps and Google Maps usage be banned while driving.
 
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