Missouri: Text Messaging While Driving Is Fine, As Long As You're Over 21

from the disparate-impact dept

Laws that ban individual activities — like cell phone use — while driving are often little more than political hype. Singling out specific activities for bans doesn’t do much to address the root problem of unsafe driving, which remains the issue regardless of its cause, while also generating the implication that if a specific action while driving hasn’t been banned, it’s okay and safe. Nevertheless, plenty of states have moved forward with laws banning talking on cell phones while driving, and more recently, texting. Next, they’ll have to ban using the mobile web, or IM, or playing Tetris on your phone while driving, since they’ve left these (and plenty of other activities) out, but we digress… In any case, Missouri’s legislature has taken the silliness one step further by banning texting while driving, but only for drivers under the age of 21. If you accept the supposed need for these sorts of laws, how could you argue they should only apply to those under 21? What happens on a person’s 21st birthday that suddenly makes texting while driving acceptable and safe? Answers in the comments, please…

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Comments on “Missouri: Text Messaging While Driving Is Fine, As Long As You're Over 21”

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70 Comments
Anonymous12 says:

A couple of points. First scientific research has been done that shows that talking on a phone while driving is equivalent to driving drunk or worse. There are certain parts of a person’s brain that are involved that are not for other activities. While other activities can be just as dangerous, eating, grooming, etc,. cell phone use and driving really IS different. While the hands free device use compromise in places like California is in some ways just for political points, it does serve some,albeit small, practical purpose. At least the distracted drivers hands can be engaged to steer out of an emergency. The main reason is that the cell phone culture is too engrained to make a banning outright practical. So a compromise is ultimately better than no law, IMHO.

To the point of the article, I think that while teenage drivers can be more easily distracted, our laws should be equitable where possible. I think texting bans (WHERE YOU ACTUALLY ARE LOOKING DOWN) are a good idea, as they like cell phones, present a unique risk seperate from human behaviors (ie,grooming), but there shouldn’t be an age limit. Anything less is political grandstanding.

:Lobo Santo says:

Re: Re:

Yo, man, there’s already a bevvy of laws which could be used for this. (Though none of them are “engrained” (heh)).
Two quick examples: Reckless Endangerment, Negligence. (I’m sure there are others)

Making new laws to cover that which is already covered is just asinine; as though the law-makers are attempting to justify their existence and salary by working EXTRA hard (and doing stupid things).

Mike (profile) says:

Re: Re:

A couple of points. First scientific research has been done that shows that talking on a phone while driving is equivalent to driving drunk or worse.

Though, there’s a major difference. A person can put down the phone/hang up. You can’t sober up like that.

But on the whole, we agree that using a mobile phone and driving are *usually* a bad idea — depending on the circumstances. But why do you assume that other activities aren’t as bad? Why is it different?

Anonymous Coward says:

Re: Re: Re:

Though, there’s a major difference. A person can put down the phone/hang up.

And a person should “put down the phone/hang up” when they’re driving. We’re talking about people who don’t do that.

But why do you assume that other activities aren’t as bad? Why is it different?

Why is DUI different?

crystalattice (profile) says:

Re: Re:

I don’t know about you, but when I’m on the phone, most of my attention is focused on the call. If someone tries to talk to me while I’m using the phone, I either have to ignore the person on the phone or the person next to me. I can’t track both conversations; usually I will miss what one person is saying.

Ergo, I believe that, hands-free or not, talking on a cell phone is bad because the focus is moved to the phone call, not driving. Driving simply becomes an automatic action, much like when you get “road hypnosis” and suddenly realize you are miles down the road from when you last paid attention.

When driving becomes automatic, any changes to the situation become dangerous. You over-react to objects in the road or other drivers swerving or braking.

I suspect that the “under 21” law is trying to account for new drivers not having as much experience. The thing is, there is really not much difference between cell phone use, texting, messing w/ the radio, eating, etc. They are all distractions and most people are incapable of multi-tasking.

Martin O'B (profile) says:

Re: Re: Re:

That’s the one thing that nobody seems to realize on this topic. It’s not holding the phone while driving that causes the problems. It’s the act of talking to someone not in the car, whether you’re holding the phone or on a headset.

When someone is in the car with you while you talk, they can help alert you to problems that you may not notice, possibly due to you talking to them. When they’re not in the car (just on the phone), they can’t see that your swerving into the other lane and get your attention.

teka says:

I have talked with a few people about this, and while I cant quote chapter and verse, it seems that lawmakers in many states have a hidden entryway to restricting certain behavior related to age and driving.

In this case, it may well be that there are already Missouri laws on the books that create a tiered level of licenses by age, making it easy to add new language, even if its irrational and sweeping, to the restrictions already in place.

Anonymous12 says:

@Lobo Santo: The culture of cell phones are engrained, not the law. If you were trying to be funny, well…not so much.

@Mike: The difference is mostly scientific. From my limited
understanding, the act of say combing your hair, or say, stuffing french fries in your face, doesn’t distract in the same way talking does. While I may have been trying to justify my points a bit, there does seem to be a real, and meaningful distinction. This would justify a seperate law.
Text messaging means no hands on the wheel (steering with the backs of fingers probably) and looking away from the road. Again, unique. I’m not for redundancy in the laws if it’s not needed, but technology changes the way people operate. Again also, for this law you mention, it does seem that the age limit is just a way to use the teenagers as a scapegoat for what is a problem for people of ALL ages. There I definately agree.

The infamous Joe says:

Re: Re:

Text messaging means no hands on the wheel (steering with the backs of fingers probably)

What tiny child-like hands do you have that prevent you from texting one handed?!

I have been known to text a quick reply while driving, and I bring the phone up to my eye level. That way, any changes in my driving situation are noticed quickly. Obviously not as fast as not texting, but faster than changing the radio station, and about equal to looking in the rear-view mirror.

If you make it illegal, people are still going to do it, but they’ll feel compelled to “hide” it by texting below window-level, eyes down. (Though, for some reason this is how most people do it anyway– dunno why.)

PS- I drive one handed regardless of if I’m texting or not. Two and ten is for my grandmother.

Mike (profile) says:

Re: Mythbusters

A couple years ago, you may have seen the Mythbusters episode regarding distracted driving. They confirmed that being distracted by a phone call is actually WORSE than driving at the legal BAC. If you haven’t seen it, I recommend it because Adam and Kari actually get drunk!

I saw that episode… and while I’m a huge fan, I had serious problems with the methodology, which included a weird obstacle course, that was not “everyday driving” and also included odd other distractions and what was not a “normal” conversation. I didn’t think it told us much of anything.

Anonymous Coward says:

Re: Re: Mythbusters

I saw that episode… and while I’m a huge fan,…

From what I’ve read, I thought that show was geared towards 12 year old Beavis and Buttheads with a hard-on for Kari Byron who want to see some kind of explosion or fire in practically episode. I mean, really, pretty juvenile stuff. I think there was even an episode once where they drove vehicles to test them for gas mileage that came with a warning that viewers should never try the same at home, EVER! So remember Mike, if you’re a Mythbuster fan, you’re considered too immature to drive anyway.

GJ says:

what should be disallowed

When you sneeze, you close your eyes. You should never have your eyes closed when you are driving, therefore, sneezing in a car should be outlawed.

The most distracting things you can have in the car is kids in the backseat. Therefore, kids should never be allowed to be in a car unless they’re drugged.

Most accidents on the roads happen between cars, so all other cars should be on a strict schedule to be on the road so that I can have the roads all to myself.

Ryan says:

The obvious escaped Carlo

Texting and driving is dangerous; much more so than talking on the phone while driving.

Singling out specific activities for bans doesn’t do much to address the root problem of unsafe driving, which remains the issue regardless of its cause, while also generating the implication that if a specific action while driving hasn’t been banned, it’s okay and safe.

Your argument is absurd but first things first. Nothing happens at age 21, and this law should apply to everyone regardless of age. There is not one “root cause” of texting and driving (you conviently left out your opinion on this point). Furthermore, making it illegal does not imply everything else is safe. There is no need to pass a law against playing a PSP and driving because nobody does it (hopefully). Rather, making it illegal suggests that it is happening often enough to warrant attention from lawmakers, and though this may be a point of disagreement here: laws do influence human behavior.

Anonymous Coward says:

Re: The obvious escaped Carlo

You didn’t interpret his statement correctly. He never said there was a root cause of texting & driving. He said there’s a root cause of unsafe driving. And that cause is people doing things they shouldn’t be doing. Banning one thing out of a list of many is generally useless, especially since the behavior already falls under reckless driving and negligence. If they want to increase penalties for various activities, fine. Add them as clauses to the pre-existing laws.

Idiot Basher says:

21!

21 is a magical age. You can drink and text at 21!

You can vote at 18. You can help decide the future of the country at 18. You can help elect someone who will shape the face of the world for the next 4 years at 18.

You can join the military at 18. You can be deployed overseas into heavy combat at 18. You can kill someone “defending” your country at 18. You can be put in charge of millions of dollars of military hardware at 18.

But God forbid you drink or text at 18.

Anonymous12 says:

where the state AG was demanding paperwork for all under-16 abortions in order to start investigations into statutory rape cases.

Good. I suppose you think it’s just A-OK for 15 year olds to be having abortions right? The pregnancy never has to do with their scumbag 27 year old boyfriend right?
I mean get up, do some homework, eat breakfast, listen to some rock music, get an abortion, it’s all cool right?
Just another day in amorality-ville…

Gene Cavanaugh (profile) says:

Texting while driving

I don’t think it is good to “peg” on issues. While I am opposed to the idea that we should single out segments of the population for favoritism (which is reverse discrimination) it is both unfair and untrue to say there is NO reason for it!
We all know that younger people may not have become mature at a time when they are allowed to do mature things. In most states, 16 year olds can drive, and they are a real hazard on the road, as a group! So, setting an age limit is, if not reasonable, still not unreasonable!
That said, I don’t like discrimination, and this is!

Anonymous Coward says:

You know, it is possible to text without looking at your phone. Most people have a sense memory of where all the buttons are. Some people text enough to know exactly where your fingers need to move. Its just counting in directions…I’m not saying its right or safe, but everyone acts like you have to sit there and stare at your phone in order to text. You really don’t. And how is talking on the phone any different than having another human being or 4 in the car with you, talking to you?

Bob says:

21 years of age

What happens at age 21 is not magic, but you need a cutoff somewhere, don’t you? Whether it’s alcohol or driving laws, no state is saying something magical happens between the day before and the day of your 21st birthday. What do you suggest besides an arbitrary date, a test that shows you’re ready for alcohol or driving while texting? Do we allow 14 year olds to take the test, or will 12 year olds be pissed if we set an arbitrary date older than they are.

The state of Missouri is concerned about the divided attention that talking/texting causes, not that a hand is off the wheel or eyes are off the road. Your mind is actually diverted from the task of driving, almost to the point of feeling like you’re relaxing at home.

Bob says:

21 years of age

What happens at age 21 is not magic, but you need a cutoff somewhere, don’t you? Whether it’s alcohol or driving laws, no state is saying something magical happens between the day before and the day of your 21st birthday. What do you suggest besides an arbitrary date, a test that shows you’re ready for alcohol or driving while texting? Do we allow 14 year olds to take the test, or will 12 year olds be pissed if we set an arbitrary date older than they are.

The state of Missouri is concerned about the divided attention that talking/texting causes, not that a hand is off the wheel or eyes are off the road. Your mind is actually diverted from the task of driving, almost to the point of feeling like you’re relaxing at home.

Nate says:

Overlegislation

“Singling out specific activities for bans doesn’t do much to address the root problem of unsafe driving, which remains the issue regardless of its cause, while also generating the implication that if a specific action while driving hasn’t been banned, it’s okay and safe.”

This is the true problem of overlegislation. People begin to equate legality with morality. Thus, conservatives think that getting rid of drug laws is a bad idea “because then the government would be endorsing drugs!” Liberals think that that getting rid of antidiscrimination laws is a bad idea “because the government would be endorsing discrimination!” The truth is that neither law (in today’s world) does much to further their pet cause, and in fact, evidence shows that discrimination and drug use actually increase due to the laws.

Samantha Speiser says:

Missouri Law- Texting while driving

Watch the PSA Texting While Driving video. A little graphic but still effective. I find it sad that ANY state would not completely ban this activity. But Missouri is going to support it only for individuals over the age of 21? I think the older generations are more likely to get into car accidents, we’re the least text savvy!!! This law is ridiculous. People are we that fearful of human contact that we can’t CALL instead? Can’t you wait another 15 minutes until you arrive at your destination to send a text message?

Disgusted.

Al Lopez (user link) says:

Texting while driving is wrong for all drivers

I understand lawmakers in Missouri feel that young drivers are more susceptible of texting while driving, but adults are just as bad. People are so focused on productivity these days, but I don’t think an email or text message is worth taking someone’s child/relative/spouse life. Any responsible driver should pull over or consider hands-free texting applications such as TextnDrive (http://www.textndrive.com/textingwhiledriving.php). There are ways to reduce the distraction if people aren’t willing to shut down their phone while driving.

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