Drivers on Cell Phones

[DraakUSA]

I have a question regarding enforcement of drivers on cell phones. Is there anything the average citizen can do about this? I know that you can call 911 if you suspect someone of DUI, but what about other violators?

I am a motorcycle rider and have been nearly sideswiped, or rear-ended, by inattentive drivers talking on their cell phones. They didn't even react to me blaring my air horns. Had I been in my car I would have been hit, but being on my bike it actually allowed me to maneuver out of the way quickly.

[Bradley]

I've been "almost" hit several times on the bike by drivers not on phones at all. I think the issue is less about 23123 violations and more about unaware drivers. If you've already got louder horns ... maybe more visible gear?

Good luck, ride safe. :noidea:

[DraakUSA]

From the people I have talked with, most tend to spot my bike before my gear, since I drive a white Goldwing. They've mentioned that at first they thought I was law enforcement due to it being big and white, especially if I happen to have my headlight modulator on.

I just happen to notice that there are so many people still talking on their cell phones while driving, and either don't know, or don't care, about the law.

[PapaBear]

I have a question regarding enforcement of drivers on cell phones. Is there anything the average citizen can do about this? I know that you can call 911 if you suspect someone of DUI, but what about other violators?


Unfrotunately for you, and many other riders - including LEOs - that is a minor infraction of the law and PLEASE do not use the 9-1-1 or 1-800-tell chp systems to report drivers performing such an act. There are enough violations out the for the officers and using a cell phone while driving has not yet become a high priority call to be reported.

Just ride defensively and stay alert.

[Clutch-n-Throttle]

Unfrotunately for you, and many other riders - including LEOs - that is a minor infraction of the law and PLEASE do not use the 9-1-1 or 1-800-tell chp systems to report drivers performing such an act. There are enough violations out the for the officers and using a cell phone while driving has not yet become a high priority call to be reported.

Just ride defensively and stay alert.
You should hear the countless BOLs we get about cell phones and minor infractions. Its getting out of hand with the dispatchers. There are times that dispatch is putting out a BOL every two minutes or less.

[TheForceCHP]

You should hear the countless BOLs we get about cell phones and minor infractions. Its getting out of hand with the dispatchers. There are times that dispatch is putting out a BOL every two minutes or less.

I agree!!! I hate any call where dispatch tells us blah blah blah, and when they give the 20 it is right at our border with another area, oh yah and the call is 10 minutes old or something. I know they have to put the info out, but seriously can we at the very least just transfer the call to that area and let them broadcast it.

[G-Man]

not proper sorry

[SB 405]

So the people who see this while driving,then pick up their cell phones while driving and call it in? My God the cycle never ends.

[HonkingAntelope]

I just happen to notice that there are so many people still talking on their cell phones while driving, and either don't know, or don't care, about the law.

[RANT]
Some of us motorists simply don't appreciate being forcibly dragged down to the lowest common denominator by brainless munchkins like Joe Simitian who pass nanny-state laws that serve no useful purpose except making upstart communists feel good about themselves.

Personally, I would have a lot more respect for the cellphone law if it had a requirement that there must be evidence of actual driver impairment while the wireless device was in use. Make it a moving violation, at that! Oh, and scratch off the exemption for police officers, as well. If a cop can't talk on the phone and drive at the same time, it's time to pull over or put the phone down.

That way, those of us who are actually capable of walking and chewing bubblegum at the same time can go about our business without breaking any more laws, and the people who become completely oblivious to their surroundings the moment they take the call can get dinged with a well-deserved ticket.

For the record, my car has a stiff suspension and the phone is on vibrate most of the time, and I don't even notice missed calls until after I park. Whenever I do use the phone to make a call, it's usually to tell someone that i'm gonna be late because of traffic. Even then, the road in front of me takes priority over the call, and if i feel I have trouble juggling it, I just tell the other person 'hey i'm driving now - i'll call you back.'

[HonkingAntelope]

I have a question regarding enforcement of drivers on cell phones. Is there anything the average citizen can do about this? I know that you can call 911 if you suspect someone of DUI, but what about other violators?

I am a motorcycle rider and have been nearly sideswiped, or rear-ended, by inattentive drivers talking on their cell phones. They didn't even react to me blaring my air horns. Had I been in my car I would have been hit, but being on my bike it actually allowed me to maneuver out of the way quickly.

For the sake of disclosure, I hold an M1, but don't ride.

I might catch some flak for this, but the best advice I think I can offer is to speed up a bit - the more of your potential problems you keep in front of you rather than behind you, the smaller the sector you have to watch closely, and the better the chance you'll spot trouble in time. As I said, I don't ride, but this approach has gotten me out of trouble on four wheels more times than I care to remember.

[gabriel]

HonkingAntelope I sometimes wonder about you. Who's side are you on? :think::noidea:

[Vinnie]

I can see where he's coming from... more of the common sense side, as there are many laws that don't need to be forced upon us. There's a flaw in the argument, though, which is the same as the flaw in the legislation. Walking and chewing bubblegum... OK, since chewing is an autonomic thing. Driving and holding a conversation (regardless of whether you have a phone to your head, or a headset on) are both directed attention tasks. You cannot give 100% of your attention to driving when you're focusing on a conversation, even if you think you can. Texting is even worse, as it's directed attention, with a necessity for directed visual attention to see what buttons you're pressing.

So, SqueakingMule, your argument is heard and understood, and for many here, agreed. However, the unfortunate reality is that laws- good, bad, or indifferent- are made for the lowest common denominator, and they apply to everyone. Use common sense, stay safe, and do what you can to stay within the sometimes ridiculous laws, and you'll be fine.

And switch to decaf...

[alexfarrington]

So, SqueakingMule, your argument is heard and understood, and for many here, agreed. However, the unfortunate reality is that laws- good, bad, or indifferent- are made for the lowest common denominator, and they apply to everyone. Use common sense, stay safe, and do what you can to stay within the sometimes ridiculous laws, and you'll be fine.

And switch to decaf...

Bwahahaha...

But back on point, the other thing to remember is that personal beliefs about a given law do not relieve an officer of the duty to fairly enforce that same law.

[emcviper]

Ha! On cue...

One, two, three strikes for Shriver on no cell while driving law (http://www.sacbee.com/static/weblogs/capitolalertlatest/026201.html)

[Bradley]

Ha! On cue...

One, two, three strikes for Shriver on no cell while driving law (http://www.sacbee.com/static/weblogs/capitolalertlatest/026201.html)

Heard about this today on the radio. Makes me laugh.

Looks like the most recent occurrence is in an Escalade .... I'm sure it has bluetooth from the factory? :noidea:

[HonkingAntelope]

Heard about this today on the radio. Makes me laugh.

Looks like the most recent occurrence is in an Escalade .... I'm sure it has bluetooth from the factory? :noidea:

According to google, only for model year 2009+

[HonkingAntelope]

I can see where he's coming from... more of the common sense side, as there are many laws that don't need to be forced upon us. There's a flaw in the argument, though, which is the same as the flaw in the legislation. Walking and chewing bubblegum... OK, since chewing is an autonomic thing. Driving and holding a conversation (regardless of whether you have a phone to your head, or a headset on) are both directed attention tasks. You cannot give 100% of your attention to driving when you're focusing on a conversation, even if you think you can. Texting is even worse, as it's directed attention, with a necessity for directed visual attention to see what buttons you're pressing.
/* SNIP */
And switch to decaf...

Um, Autonomic nervous systems govern involuntary actions like heatbeats, pupil dilation, hard-ons, and etc, NOT the mostly voluntary actions such as chewing and walking - try again! :lol:

I never argued that it's possible to give 100% of your attention to driving while talking on the phone (hands on, or, for that matter, a hands off Bluetool piece). "Walking and chewing bubble gum" is a figure of speech that refers to the ability to successfully handle more than one mundane task at a time.

My point was that a reasonable driver could and would know how to allocate a correct proportion of his/her attention to driving in order to ensure the safety of his/her driving while carrying on a conversation on the phone.

Drink decaf? I'm sorry but I prefer clear tap water as opposed to deep-brown one

Bwahahaha...

But back on point, the other thing to remember is that personal beliefs about a given law do not relieve an officer of the duty to fairly enforce that same law.

Nor do they relieve the motorist of responsibility to pay attention to the situation around them. ;-)

[gabriel]

*sigh* :popcorn:

[Vinnie]

...refers to the ability to successfully handle more than one mundane task at a time....

Spoken like a person who hasn't crashed nearly enough... yet. I can only teach those who wish to be taught.

Conversations themselves dictate the amount of attention you dedicate, and much of the time, the flow of conversation is not in the hands of a single person. Safely piloting a one-ton missile down the road at 60 to 105 feet-per-second (for you slowpokes), coupled with watching for those who are less safe than you, requires nearly 100% of your attention full time.

Neither driving, nor holding a conversation, is a mundane task by any stretch of definition. You are right about one thing; the hands-on v. hands-free argument is indeed moot, unless you drive a stickshift.

[bcjack]

My point was that a reasonable driver could and would know how to allocate a correct proportion of his/her attention to driving in order to ensure the safety of his/her driving while carrying on a conversation on the phone.

The problem is...99% of the drivers out there don't fit your definition of "Reasonable Driver". They have ZERO ability to make the choice "to allocate the correct proportion of his/her attention to driving"...You absolutely cannot operate a motor vehicle and converse on a cell phone (hands-on or hands-free) and drive safely. If you believe you can, you are living in a fantasy world...

I am a relatively good driver, have been trained and passed EVOC training, driven emergency vehicles (cars, motorcycles, pickups, ambulances and fire engines) for 35+ years and I invoke the exemption for emergency vehicle operators and talk on my cell phone. Many times I realize that I have missed a lot of stuff going on around me while talking and driving. I have stopped talking and driving for that reason...By the way...35+ years and only one minor crash.

[NWCYNC]

[RANT]
Some of us motorists simply don't appreciate being forcibly dragged down to the lowest common denominator by brainless munchkins like Joe Simitian who pass nanny-state laws that serve no useful purpose except making upstart communists feel good about themselves.

Personally, I would have a lot more respect for the cellphone law if it had a requirement that there must be evidence of actual driver impairment while the wireless device was in use. Make it a moving violation, at that! Oh, and scratch off the exemption for police officers, as well. If a cop can't talk on the phone and drive at the same time, it's time to pull over or put the phone down.

That way, those of us who are actually capable of walking and chewing bubblegum at the same time can go about our business without breaking any more laws, and the people who become completely oblivious to their surroundings the moment they take the call can get dinged with a well-deserved ticket.

For the record, my car has a stiff suspension and the phone is on vibrate most of the time, and I don't even notice missed calls until after I park. Whenever I do use the phone to make a call, it's usually to tell someone that i'm gonna be late because of traffic. Even then, the road in front of me takes priority over the call, and if i feel I have trouble juggling it, I just tell the other person 'hey i'm driving now - i'll call you back.'

How about we don't let the cell phone law ruin our lives? :lol:
I have heard some good excuses with this law though. I stopped an older x-ray for this law. I told her the reason for the stop and she informed me, "I was not talking!! I was listening!!". I could'nt help but laugh just a little bit. I said "ok, good enough. Lic. Reg. Ins. please". Another good one.... I stopped a man for the cell phone. He tells me, "I was on the phone telling my work I could not talk on the phone." I smiled and repeated back to him what he just told me. I think he heard how ridiculous his excuse sounded and did'nt put up any argument after that. There's a lot more, but I will spare you. 23123a is a fun stop.......so far.

[HonkingAntelope]

Spoken like a person who hasn't crashed nearly enough... yet. I can only teach those who wish to be taught.

Conversations themselves dictate the amount of attention you dedicate, and much of the time, the flow of conversation is not in the hands of a single person. Safely piloting a one-ton missile down the road at 60 to 105 feet-per-second (for you slowpokes), coupled with watching for those who are less safe than you, requires nearly 100% of your attention full time.

Well, if a person has such a lack of self-confidence that he/she is unable to end the phone conversation when maintaining the conversation creates a hazard to themselves and others, I agree that it's a safety hazard and a VC22350 violation, at that. The only safe speed in that situation is 0mph. :lol: I just don't think that those of us who DO have the confidence to hang up when balancing talking and driving in a safe manner becomes impossible should be guilty of breaking the law.

The problem is...99% of the drivers out there don't fit your definition of "Reasonable Driver". They have ZERO ability to make the choice "to allocate the correct proportion of his/her attention to driving"...You absolutely cannot operate a motor vehicle and converse on a cell phone (hands-on or hands-free) and drive safely. If you believe you can, you are living in a fantasy world...

I am a relatively good driver, have been trained and passed EVOC training, driven emergency vehicles (cars, motorcycles, pickups, ambulances and fire engines) for 35+ years and I invoke the exemption for emergency vehicle operators and talk on my cell phone. Many times I realize that I have missed a lot of stuff going on around me while talking and driving. I have stopped talking and driving for that reason...By the way...35+ years and only one minor crash.

As much as I loathe to admit this, I have to agree that some drivers have ZERO ability to make rational decisions behind the wheel. I have a traffic case pending, and I went down to the court that has my case to watch a traffic calendar or two to see which way the wind blows over there. The highlight was the Chinese lady who took the right turn lane that was separated by a raised concrete island. As the she cleared the island, she proceeded to the left (going the wrong way on a divided highway!!!) and made a U-turn at the intersection. All along, she claimed that she took the marked left-turn lane. The punchline? The 'judge' took the case under advisement...

Oh, and there was also a guy tried in absentia who ran a red vlight by suddenly rolling through it at idle, with the light turning green as the defendant was approximately halfway through the intersection. Upon the stop, the officer smelled an alc beverage along with the defendant stating that he spilled the beer from his cup as he pulled over. He blew .08% BAC on the PBT. Miraculously (break of a lifetime, IMO), he was only cited for the red light and the open container rather than the well-deserved deuce.

I REALLY wish there was a way for civilians like me to take an EVOC type class for a reasonable price. Sure there are places like Skip Barber's, but all of them want a few thousand dollars, which is more than most people can afford.

As I said above, there are situations where it's possible to talk on the phone while driving, and there are situations where it's not possible. I just don't need people like Joe Simitian making those decisions for me.

[cjincognito]

I just don't need people like Joe Simitian making those decisions for me.

Couldn't agree more. But it is against the law. So, what are you gonna do? Hope to not get caught? Complain when you do? Move out of the state? Change the law?

There are people trying to legalize marijuana right now. Try to get talking on a cell phone legalized too!

But, until then... :noidea: