Big R

Shall we move this thread to a more appropriate forum?

Guest

I think it's in an appropriate forum... and we have other threads about the petition circulating.

Only a couple of hundred signatures so far. That's not good.

Koffee

Avalanche325

I believe that is true, but not the whole truth. Yes, someone that is distracted at all is driving impared. But, someone that is involved is an activity that takes one hand off of the wheel and is looking at something other then the road is severly impared. Most of the time when you see some swerving or beaing really stupid, they are actually DIALING the phone (which includes text messaging). This is as bad as reading while driving. Which I have also seen.

A voice activated hands free system is not perfect, but I think it is a reasonable alternative.

Signed.

MMACH 5

Of course, if the law applies to drivers, then it will have to apply to cyclists...

Better hope your phone doesn't ring while you're pedaling down that side-street.

Just something to think about...

khuon

I've said it before but I'll say it again. In the flying community, we have a saying that goes like this:

Strict and proper distraction and task management skills should be fundamental to driver training but they are not. The real answer lies much deeper than simply instuting another ban. My suggestion is to raise the bar folks... don't just settle for another quick-and-dirty fix because those types of solutions are not real solutions.

meb

The petition appears too broad brushed:

1) It would also envelope hands free use not merely the high distraction text messaging type of usage associated with Jim’s death.

2) Police enforcement is a local issue-a law enacted by Congress would give the US attorneys some cause of action and federal enforcement officers grounds to make a citation/arrest for those on roads, but most police enforcement still comes down to a local matter.

3) Where is the enabling causal relationship grounded in Interstate Commerce or some other Federal constitutional basis for such federal legislation superceeding or supplementing state laws?

4) Why the United States Conference on Mayors? Are we attempting to get some mosaic patchwork of varying fines through municipal ordinances of in each city or some select cities? Municipalities typically lack authority to propagate felony charges, so further municipal regulation seems overshadowed by the state laws in most instances.

There seems to be a bigger problem with the enforcement of the existing law-in this instance the prosecutor in Colorado electing to merely file misdemeanor charges rather than felony reckless homicide/manslaughter charges. If the prosecutor/US attorney/States Attorney elect not to pursue charges, police citations that aren’t prosecuted don't go very far.

Guest

Yes, it is broad stroked, but we have to start somewhere. I worded the petition to give us a starting point, then I hope once it catches on and it gets sent to the various legislative communities, it'll get defined and honed to serve a better purpose.

Koffee

scarpi41

Well, being from NY, i can tell you that its not exactly banned from cars. You can be on a cell phone while operating a vehicle if your on a hands free device. Even though you have both hands on the wheel, I still think it draws your attention away from the road, and that law doesnt totally avoid a situation like this. I think they should be banned totally.

wannaride

I've signed it. Let's hope someone is paying attention.

Trek Al

I'm very sorry that Sydney was killed in this terrible accident, but I don't believe trying to limit personal freedom is the proper response. I did not sign the petition.

Al

CPcyclist

Your to 340 now.

CPcyclist

My vote would be to suspend his DL for 5-10 yr and make him give presentations to HS Drivers ED students for at least 10yrs and write a formal letter of apology to the family and general public.

I think as Americans we are to quick to lock the stupid up and throw away the key when we really need to turn these people into productive members. Just how to do that is the real question.

ifox

Signed.

A few words on the subject of appropriate punishment for the crime. I think that his license should be revoked for the rest of his life. He should do some time in jail, but I'm not positive that 5 to 10 years would do any good. On the other hand, 1-2 years would be just enough.

I believe that existing system when most people pass written exam and drive test once in lifetime (at least this is true for CA) just doesn't work. How much would an average person remember by his 40s-50s of the stuff he/she learned at 16-17? Not that much (even this is what he or she would encounter on daily basis). Why? Because it will become a routine, something that most people will approach with "oh, I know this stuff, I do it every day, nothing will go wrong" attitude.

I'm not quite sure that even if the drivers will be forced to take several exams (and driving tests) during a lifetime it will significantly reduce number of "accidents" like this one. Probably not. But it will force people to read those "driving handbooks" and something will stay in their memory. And may be next time they will recall it and stop on the sign, signal when changing lanes, and such.

Don Cook

I have serious doubts that Congress has authority to pass legislation on this issue. Maybe? But, maybe not. Automobile traffic issues, vehicle and driver licensing, as well as traffic code, has always been the domain of State and local government. I would like to see nationwide success at the elimination of careless, brainless acts of all types by drivers. Many of us have lost close friends and/or relatives to someone that made a concious decision to act irresponsibly while driving a vehicle. There needs to be serious penalties for this type of behaviour.
But while I support your motives and sentiment, I for one would be reluctant to see the Federal Government try to move into an area of lawmaking that is most likely outside of its' traditional scope of constitutional authority.

budster

I think you're right about the jurisdiction question. However, there are ways that Congress can impact state traffic laws without actually passing regulatory legislation.

One especially powerful lever is federal highway funding. A significant portion of the money for building and maintaining US highways within states (including interstates) comes from the federal gov't; however, the federal gov't reserves the right to reduce or completely suspend that funding, placing a huge burden on a state. This tactic was successfully used to "convince" states to raise the drinking age from 18 to 21, and to pass mandatory seat belt use laws.

In both cases, compelling public interest in public safety outweighed legitimate concerns about personal freedom, and use of electronic devices poses a very real threat to public safety.

Freedom has limits. No one should be free to endanger someone else's safety. Sydney's case illustrates this point all too well.

khuon

It all comes back to proper training. One can not legislate common/good sense. One can however legislate training, education and testing. Electronic aides can be used to provide an increase in safety. Examples include things like gps, radar and sonar for ships and airplanes. These devices increase the level of safe-operation when used properly and when the operator has had proper training and experience. In the same light, those areas of vehicular operation have also benefitted from advances communications devices. Likewise, commercial trucking have similar devices to the above mentioned vessels and their operators do not have a problem using them. Additionally, trained emergency vehicle operators also receive similar technological benefits. The issue at hand is that today's motorists have barely enough training, experience and faculties to operate a motor vehicle in the most pristine of environments much less be able to operate them safely when those conditions degrade.

J T CUNNINGHAM

Present Laws Address The Problem ; It Now Becomes A Matter Of

Education And Enforcement , Whether Here , ( Canada ) Or Stateside .


Regards To The 'board ,
J T

cudak888 

Does this petition also extend to ban the use of PDAs while motoring? Have seen at least two cases in where a motorist has his/her PDA in the center of the steering wheel, tapping away. Of course, steering mainly by hand friction, and not looking up.

-Kurt