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Texting and tweeting while driving: a legal disconnect?

Text message use in the last few years has exploded.  More people than ever are keeping in touch with each other through mobile devices, allowing them to send and receive text messages from just about anywhere – even from behind the wheel.  Combine the ease of text messaging with services like Twitter, and the potential distractions for the modern driver are endless.

This has led to something of a conundrum in some states.  Even while banning or restricting the use of mobile devices to send and receive text messages and emails while driving, some states send out Twitter updates about road conditions, traffic issues or other road emergencies.

Virginia is one of these states.  Virginians can receive traffic information via Twitter, which means that some drivers could be using the service while they’re behind the wheel. The disconnect here is that Virginia lawmakers just passed legislation making it illegal to send or receive text messages or emails while driving.  Are authorities inadvertently encouraging road users to text and drive?

Instead of reading updates while driving, motorists are encouraged by some states to check the traffic situation before getting in their vehicle.  If road users are focusing their attention on their mobile devices instead of what’s going on around them – they could quickly become part of the traffic problem by causing a crash themselves.

Virginia laws restricting cell phone use while driving

Do you use a cell phone while driving?  Some surveys suggest that over 80 percent of drivers do, and Virginia lawmakers are starting to take notice.  Not only is cell phone use behind the wheel becoming alarmingly prevalent, but it is also very dangerous.

With accidents caused by cell phone users costing Americans $43 billion each year, there is immense pressure on legislators to further restrict driving laws.  And it isn’t just about hands-free devices.  Studies have shown that drivers are equally distracted and likely to cause serious auto accidents whether they are talking on a hand held or hands free mobile phone.

Virginia probably won’t be banning cell phone use completely any time soon.  It has taken a number of years just for lawmakers to push some very basic cell phone driving restrictions through the General Assembly, although this year text messaging was banned for all drivers.

Below is a summary of cell phone laws in Virginia:

• There is no overall ban on the use of handheld devices while driving in Virginia
• Cell phone use is banned for all drivers under the age of 18
• Cell phone use is banned for all bus drivers
• Sending or receiving text messages or emails while driving is banned for all drivers in Virginia
• Cell phone and text message bans are only enforceable for secondary enforcement (this means police cannot pull somebody over for using a cell phone; drivers can only be cited if they are pulled over for another reason)
• The ban on handheld devices is enforceable by primary enforcement only for bus drivers (they can be pulled over just for talking on a cell phone)

Read more about distracted driving in our law library article “Distracted Driving: A Growing Danger on Virginia Roads”.

Distracted drivers targeted by Virginia lawmakers

Did you notice that last Wednesday was Virginia’s Distracted Driving Awareness Day?  Those guilty of distracted driving behaviors – including chatting on cell-phones, texting while driving, eating behind the wheel, and more – may not even know that April 29^th was a day directed at them.

Since at least one study has shown that distracted driving contributes to up to 80 percent of all car accidents, lawmakers are eager to find ways to encourage drivers to keep their eyes – and minds – on the road.

Many drivers are guilty of driving while distracted at some point behind the wheel, since there are so many opportunities for distraction.  Cell phones, music players, dropped objects, chatty passengers, and even interesting distractions outside the car window all compete for a driver’s attention.

While bans against cell-phone use while driving haven’t been successful in Virginia – although lawmakers have been trying to pass such a law since 2001 – it is against the law for teenagers to use a cell-phone while behind the wheel.  And for other drivers, sending or reading text messages while driving will become illegal as of July 1.

Many people fret about the dangers of aggressive drivers on Virginia roads – a legitimate concern – but how many of us are prepared to change our own distracted driving habits to keep the roads free from car crashes?