The Chronicle reports that the Bozeman Commissioners passed an ordinance prohibiting the use of cell phones while driving. Commissioner Carson Taylor was quoted, saying. "Using a cell phone when you're driving is dangerous." We do not know if he provided evidence for his statement, but my guess is that he did not.
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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