New Virginia Laws Forbid Texting and Driving
On March 30, 2009, Governor Tim Kaine signed a new law prohibiting texting while driving. This law, which goes into effect on July 1, 2009, makes it a traffic violation for a person to send or read a text message while driving.

June 11, 2009 /24-7PressRelease/ -- New Virginia Laws Forbid Texting and Driving

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When times are difficult and people are under stress, people get distracted. When this distraction arises while driving, car accidents increase. According to the Virginia Tech Transportation Institute, 80 percent of all car accidents involve driver inattention within three seconds of the crash.

Many distractions cannot be controlled; no law can prevent someone from worrying about upcoming meetings or impending layoffs. However, some distractions can be minimized or eliminated.

Recently the Virginia Legislature tackled one such distraction: text messages. On March 30, 2009, Governor Tim Kaine signed a new law prohibiting texting while driving. This law, which goes into effect on July 1, 2009, makes it a traffic violation for a person to send or read a text message while driving.

Generally this law is a step in the right direction; text messages are distracting, and distracted driving puts everyone on the road at risk of serious injury. Laws that reduce distracted driving make everyone safer. However, the law has some significant limitations, which may ultimately undermine its effectiveness.

Shortcomings of the New Law

Under the new law, texting and driving is a secondary offense. This means that police officers can only stop a driver for texting if the driver has committed another offense, such as speeding or failing to stop at a stop sign. As a practical matter, this restriction makes the law very difficult to enforce. As long as drivers follow all other laws, they cannot be stopped or cited for texting and driving.

The specificity of the law may also make enforcement difficult. To an outside observer, searching for a phone number or looking at a GPS unit for directions may look very similar to reading a text message. The first two activities are permissible; the latter is forbidden under the new law. Police officers seeking to enforce the law may have difficulty distinguishing between permitted and prohibited activities.

Even assuming that someone has committed a primary offense, thereby permitting a stop, and it is clear that the driver was sending or reading a text message, the potential punishments are relatively minimal. For a first-time offender, the fine for sending a text message while driving is limited to $20. For recurring offenses, the penalty is limited to $50. After multiple stops, these fines could begin to accumulate and change a driver's behaviors, but the penalties are insignificant enough that many drivers will not be deterred.

Additionally, the law does nothing to address other cell phone use while driving. While several states have mandated a shift to hands-free devices for cell phone conversations while driving, Virginia drivers are still free to use handheld devices. With one hand off of the steering wheel, drivers have less control over their vehicles and a reduced ability to respond to ever-changing circumstances.

An Alternative Perspective

Clearly, all of these stated shortcomings develop from a presumption that these regulations are generally good but could use further development. On the other end of the spectrum, critics allege that these types of laws unnecessarily invade personal freedoms. Individuals have different abilities; some people are more capable of multi-tasking than others. Rather than prohibiting texting and driving, these critics would prefer to increase the penalties for harms arising from these behaviors.

The problem with this logic, though, is that the potential consequences for others are too severe to leave this decision to personal choice. When personal choices put others at risk of serious injury, regulation is warranted.

Ultimately this law is not perfect. Despite the law, many drivers will continue to send text messages without concerns for serious penalties. However, insofar as the new law manages to reduce driver distractions, it will make Virginia safer for everyone.

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