Driving Under the Influence, of Cell Phones

Apart from being Canada Day, today marks the start of enforcement of Quebec's law banning driving with a cell phone in hand. These sorts of laws are spreading across more and more jurisdictions here and abroad, and also spreading doubts about the utility and wisdom of these same laws. One bit of commentary I came across recently states it pretty well. Why ban every particular device and driver behaviour rather than simply enforcing existing laws on careless or reckless driving.

This is a good question. I will tell you why I disagree with this perspective, and why I support these anti-cell phone laws (if they're written well).

There is no bright line between acceptable driving behaviour and recklessness or negligence. It's a judgment call. Not only on the part of the police who must lay the charge but also of the court should it get that far. The police, quite reasonably, tend to avoid citing borderline behaviour since it is often difficult to make the charge stick. The driver's behaviour must be truly egregious, or there would have to be an accident or other reportable incident to make the prosecution successful. However I don't think it's wise to only charge drivers that mow down three pedestrians before crashing through the front window of the local Tim Horton. We would prefer to correct these drivers' bad behaviour without waiting for a tragedy to first occur.

Law enforcement is more effective where there are bright lines. Not 16 yet? Sorry, we don't care how mature you are, you simply can't drive. Not 19? Sorry, no alcohol. Driving with a blood-alcohol level of 0.08? Sure, maybe you seem to be staying within the lane markings, but forget it. Using a handheld phone while driving? Sorry, not allowed. These are all bright lines that enable effective law enforcement, despite the obvious truth that, for example, many 15-year olds would be great drivers and many 30-year olds are death on wheels. A cell phone in hand is distracting even if the probability of an accident on any particular use is not at all high. The ensuing death, injury and property damage from the accidents that do occur are sufficiently severe, in my opinion, to justify the law and the cost of its enforcement. It helps the police keep our roads a little bit safer.

I say all this despite my own occasional guilt of phone use behind the wheel. I can live with the restriction.