• 23
  • January
    2012

For the last 10 years, the National Safety Transportation Board (NSTB) has recommended limiting the use of "portable electronic devices" while driving. Last week, however, NSTB went one step further and recommended that states completely ban all drivers from using cell phones and devices used for texting. The ban would include all non-emergency calls, e-mails, and texting by drivers of all vehicles on the roads, including hands-free devices.

However, some states, such as Texas, are unlikely to follow the recommendations. Houston state representative Gary Elkins points out that trying to get the Texas legislature to pass a measure that completely restricts cell phone use would be difficult. Previous failed attempts by the Texas legislature to pass laws limiting cell phone use have shown that Texans are not interested in giving up their cell phones on the road, and Elkins says consequently that it's not a right the Texas government wants to take away.

Last June, Texas Governor Perry vetoed a bill that would have limited text messaging while driving, finding it an attempt by the government to "micro-manage the behavior of adults." As another indication that Texas would not likely follow NSTB's recommendation, a spokesperson for the governor also stated that the issue should be regulated on a local level and not taken on as a state effort.

While some Texas cities have passed laws dealing with distracted driving, including cell phone use and texting while driving, the laws are proving difficult to enforce. Texting in particular is not always easily observable by law enforcement, making the city laws somewhat ineffective.

Texas may be in no hurry to follow the new recommendation, and it is not in favor of banning the use of all electronic devices by drivers in all circumstances. However, state laws have been passed that ban cell phone use and texting in school zones, as well as by beginning drivers.

Representative Elkins also does not rule out passing a future ban on handheld devices while allowing drivers to continue to use hands-free devices in their vehicles, but a complete ban on all devices, such as the one newly-recommended by NTSB, does not seem likely.

Source: "Texas not likely to follow feds' call to ban cellphone use while driving," chron.com, 12/14/11