Legislators held a public hearing on the proposed legislation that would increase the fines levied against drivers who are caught using a hand held cell phone while driving. The problem, it turns out, is enforcement. Which, had the legislators been using common sense when they first considered the ban, they would have realized that enforcement was nearly impossible. For example, at what point does a driver break the law? Picking up the phone? Looking at the caller id? Pressing the answer (talk) button? Talking on the speaker phone while holding the phone? Fumbling for the headset to talk while complying with the spirit of the ban? Reaching over over to turn down the radio volume in order to hear the conversation? Scrolling through contacts lists to dial a number?

Common sense would dictate that Police would spend better time looking at whether a car was violating any of the existing moving violation laws already on the books. Things like failing to stop at Stop lights, Stop Signs, School Buses discharging passengers, Yield signs etc. Failing to signal when turning, changing lanes, following another vehicle too closely or speeding. Things that actually have a long history of indicating reckless driving and contributing to accidents.

Some legislators think that sharing the fines with the police department that issues the tickets might encourage more enforcement.  Others think they should raise the fines for all moving violations.

The reality is that in dense urban areas of Connecticut, pulling vehicles over for tickets introduces the unintended consequence of rubber neckers, who then drive erratically leading to accidents.  The very thing that the original ban is supposed to combat. But in the recent hearing, there was no mention of accident statistics, no scientific study that shows that the ban has been successful in reducing accidents.

The most effective way to combat reckless driving was to encourage the enforcement of existing moving violation laws, not add new laws. You don’t need the excuse of a cell phone to ticket a driver who changes lanes without signaling. Yet that action can be observed on any highway in Connecticut in far great numbers than the drivers talking on cell phones.

Our legislators should not be talking about raising fines, they should be talking about raising awareness that bad driving should not be tolerated.  They should be talking to police departments about what resources are needed to enforce existing laws, instead of playing back seat driver to the police patrol car.