Probably because there isn’t any. Statistically speaking, it is not dangerous. The article says that “…5,474 people died and another 448,000 were hurt in crashes involving all forms of distracted driving in 2009.” After a brief search I found that 18% were attributed to hand-held devices. That would be 985 deaths and 80,640 injuries nationwide.
From this we can calculate per capita deaths and injuries in Bozeman caused by drivers distracted by cell phones. The number of deaths per year is basically zero, and injuries, less than 10. In other words, the Commissioners solved a problem that statistically doesn’t exist.
Lacking actual danger to the populace, the Commission legislated against what might happen as a result of engaging in an activity that could be dangerous and might cause injury. Therefore, the law is predicated on the consequence of two, maybe three antecedents. This is akin to outlawing television because there is a boiling pot of food on the stove that could start a fire and kill everyone in the house.
But what is really unfortunate is that the Bozeman Municipal Code already covers the issue: “A person operating or driving a vehicle of any character on the ways of the city open to the public shall drive it in a careful and prudent manner...” (Section 36.03.260)
What, then, is the reason for the law? First, we can safely conclude that this is the pop culture issue de jour. Lacking statistical justification, the law is based on little more than emotion and anecdotes. Kinda like setting tax policy by what Warren Buffet says about his secretary. Second, the city will receive thousands of dollars of additional revenue.
So why the focus on cell phones? Why not some laws to prohibit having sex while driving, playing with your chimpanzee while driving, or listening to an Obama speech while driving? It is unknown why the Commission did not address these clearly dangerous activities.
The Commissioners, attentive to nothing more than feel-good politics, are nevertheless perfectly comfortable giving a pass to drivers breezing through stoplights and bicyclists going the wrong way down one way streets. Having spectacularly solved the Story Mansion situation, the transfer station problem, the parking crisis, the traffic camera question, and the impact fee issue, the Commission can carve yet another notch on the bedpost of nanny government. Well, maybe we’re not getting screwed, but it sure feels like it.
But it gets worse. Consider this troubling quote from the article: “Commissioner Chris Mehl stipulated that the law not go into effect any earlier than Jan. 17, so city officials have time to educate people.” Is anyone else bothered by the idea that we the people must be “educated” in order to ensure conformity? Who, exactly, is charged with taking us aside and educating us? And what does this education consist of?
Yeah, yeah, I know. I’m making too big a deal out of this; it’s just a little thing. But liberty requires eternal vigilance. We must notice when politicians, enamored of their ability to force people to do things, start passing behavior modification laws and then insist that people be indoctrinated to unblinkingly obey them.
Tyrants frequently think big and start small, and tyranny can manifest in degrees. A singular powerful dictator or overtly egregious actions are not necessary prerequisites. A bunch of small town commissioners legislating a small issue still qualifies, and still must be opposed.
These guys have too much power, and apparently, too much time on their hands.
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Text of the article, posted here for fair use and discussion purposes:
Bozeman City Commission approves ban on hand-held cell phones while driving Story
The Bozeman City Commission voted 4-1 Monday night to adopt an ordinance banning the use of hand-held devices such as cell phones, laptop computers and GPS navigations systems while driving or bicycling.
"Using a cell phone when you're driving is dangerous," Commissioner Carson Taylor said.
"We're going to have to change the way that we do our business and the way that we communicate with others," Deputy Mayor Sean Becker said.
The commission will consider a second, final passage of the ordinance on Nov. 28. Commissioner Chris Mehl stipulated that the law not go into effect any earlier than Jan. 17, so city officials have time to educate people.
Mayor Jeff Krauss cast the lone vote "no."
"I'm voting ‘no' for the same reason I vote ‘yes' on things like individual rights," Krauss said.
Under the ordinance, if you're caught texting or talking on a hand-held cell phone while behind the wheel, you could be pulled over and fined $100. Using a hands-free communications device such as Bluetooth, however, is allowed.
Commissioners on Monday night changed language in the ordinance to exempt drivers on Interstate 90, who may not even realize they're in the city of Bozeman. Plus, highway patrol officers monitoring highways don't enforce each individual city's laws.
Commissioners also edited a section to allow hands-free users to touch their Bluetooth, or other device, so they can answer calls without violating the law.
Bozeman's ordinance is similar to laws in Butte-Silver Bow, Billings, Whitefish and Helena. Missoula has a ban on texting while driving.
Nine states, Washington D.C. and the Virgin Islands prohibit drivers from using hand-held cell phones, according to the Governors Highway Safety Association. No state bans hands-free cell phone use for the general public. Some states ban all cell phone use by novice and school bus drivers.
Sixteen people spoke during the public comment portion of Monday night's commission meeting.
Ann Justin opposed the law.
Bozeman City Commission approves ban on hand-held cell phones while driving Story
The Bozeman City Commission voted 4-1 Monday night to adopt an ordinance banning the use of hand-held devices such as cell phones, laptop computers and GPS navigations systems while driving or bicycling.
"Using a cell phone when you're driving is dangerous," Commissioner Carson Taylor said.
"We're going to have to change the way that we do our business and the way that we communicate with others," Deputy Mayor Sean Becker said.
The commission will consider a second, final passage of the ordinance on Nov. 28. Commissioner Chris Mehl stipulated that the law not go into effect any earlier than Jan. 17, so city officials have time to educate people.
Mayor Jeff Krauss cast the lone vote "no."
"I'm voting ‘no' for the same reason I vote ‘yes' on things like individual rights," Krauss said.
Under the ordinance, if you're caught texting or talking on a hand-held cell phone while behind the wheel, you could be pulled over and fined $100. Using a hands-free communications device such as Bluetooth, however, is allowed.
Commissioners on Monday night changed language in the ordinance to exempt drivers on Interstate 90, who may not even realize they're in the city of Bozeman. Plus, highway patrol officers monitoring highways don't enforce each individual city's laws.
Commissioners also edited a section to allow hands-free users to touch their Bluetooth, or other device, so they can answer calls without violating the law.
Bozeman's ordinance is similar to laws in Butte-Silver Bow, Billings, Whitefish and Helena. Missoula has a ban on texting while driving.
Nine states, Washington D.C. and the Virgin Islands prohibit drivers from using hand-held cell phones, according to the Governors Highway Safety Association. No state bans hands-free cell phone use for the general public. Some states ban all cell phone use by novice and school bus drivers.
Sixteen people spoke during the public comment portion of Monday night's commission meeting.
Ann Justin opposed the law.
"I find being with my daughter in the car more distracting than talking on my phone - we're arguing about something," Justin said. "How about if you've got two 5-year-olds in the backseat? ... How about political discussions? ... How about eating a hamburger? There are many things that are more distracting, I think, than talking on the phone. I'm capable of doing that."
Gary Vodehnal, vice chairman of the city's Pedestrian and Traffic Safety Committee, said he recently witnessed a woman crash into another car while talking on her cell phone. She got out of her car, but stayed on the call until Vodehnal, who was bicycling behind her, approached her and suggested she call police.
Gary Vodehnal, vice chairman of the city's Pedestrian and Traffic Safety Committee, said he recently witnessed a woman crash into another car while talking on her cell phone. She got out of her car, but stayed on the call until Vodehnal, who was bicycling behind her, approached her and suggested she call police.
"She finally said into her phone, ‘Mom, I'm going to have to call you back. I need to take care of something,'" Vodehnal said.
Passing a "distracted-driving" ordinance "will improve safety for pedestrians, bicyclists and drivers in our community," he said.
In an email to commissioners Monday, Bozeman resident Kent Madin criticized commissioners for allowing hands-free devices and not banning cell phone use entirely. He said the issue isn't whether both the driver's hands are on the wheel, he said.
"If it was, one-armed people couldn't get driver's licenses, nor could people with arms in slings, etc.," Madin said. "All cell phone use should be banned because of the amount of attention bandwidth the call consumes."
According to the federal Department of Transportation, 5,474 people died and another 448,000 were hurt in crashes involving all forms of distracted driving in 2009.
Using electronic devices while driving is distracting, but it's difficult to track how often using such devices causes crashes.
Sixty-three percent of drivers under age 30 acknowledge using a hand-held phone while behind the wheel, according to the DOT. Thirty percent said they've sent text messages while driving.
Amanda Ricker can be reached at aricker@dailychronicle.com
Passing a "distracted-driving" ordinance "will improve safety for pedestrians, bicyclists and drivers in our community," he said.
In an email to commissioners Monday, Bozeman resident Kent Madin criticized commissioners for allowing hands-free devices and not banning cell phone use entirely. He said the issue isn't whether both the driver's hands are on the wheel, he said.
"If it was, one-armed people couldn't get driver's licenses, nor could people with arms in slings, etc.," Madin said. "All cell phone use should be banned because of the amount of attention bandwidth the call consumes."
According to the federal Department of Transportation, 5,474 people died and another 448,000 were hurt in crashes involving all forms of distracted driving in 2009.
Using electronic devices while driving is distracting, but it's difficult to track how often using such devices causes crashes.
Sixty-three percent of drivers under age 30 acknowledge using a hand-held phone while behind the wheel, according to the DOT. Thirty percent said they've sent text messages while driving.
Amanda Ricker can be reached at aricker@dailychronicle.com
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