Defining distracted driving may be problem for lawmakers

State News

November 4, 2009

Ronnie Ellis The Richmond Register Wed Nov 04, 2009, 08:40 AM EST

FRANKFORT — So you are one of those superb drivers who can multi-task, right? Well, that might have been what 53,000 Kentucky motorists were thinking when they suddenly found themselves in an auto crash in 2008.

Sadly, 200 of them didn’t survive, according to data provided by Boyd T. Sigler, director of Highway Safety Programs. Many of them were sending text messages, it is believed.

“Texting while driving is the most dangerous thing you can do,” said Mike Hancock, Acting Transportation Cabinet Secretary as he testified before the Joint Interim Committee on Transportation Tuesday. “When we see a crash and there are no skid marks -- those kind of accidents demand action.”

“I hope we can get some kind of legislation that enables us to impact the number of fatalities we have on our road system out there,” Hancock said after the meeting.

Rep. Rick Nelson, D-Middlesboro, has pre-filed a bill to prohibit the use of personal communication devices by any person under 18 while operating a motor vehicle and to prohibit text messaging while driving.

But members of the transportation committee worry it will be difficult to define what is prohibited.

Sen. Ernie Harris, R-Crestwood, co-chair of the committee, said lawmakers need to make the language of any such bill “as tight as we can.”

His co-chairman, Rep. Hubert Collins, D-Wittensville, said distracted driving is a problem, but he has personally witnessed other forms of distracted driving.

According to the National Transportation Safety Board, there were 5,870 fatalities in 2008 directly attributable to distracted driving. That is any sort of distraction.

“I’ve seen people with their laptop (computer) sitting on the steering wheel,” Collins said. Sen. Bob Leeper, I-Paducah, said on his trips across the Western Kentucky Parkway, he routinely observes other drivers reading newspapers, maps and even books.

“I’m afraid when we get into this (prohibiting texting), we’ll be saying everything else is OK,” Leeper said. “You know, getting that last gulp of ice out of your big cup from the (convenience store) can be just as distracting.”

Rep. Steven Riggs, D-Louisville, also worries about the precision of language in any bill. If one is sitting at an intersection or waiting for a train to pass, is it dangerous to check messages, he asked.

Lisa Ripley, spokeswoman for State Farm Insurance, said her company supports legislation which restricts new drivers’ use of cell phones and is conducting its own research into distracted driving by all drivers.

State Farm surveys show that 71 percent of drivers between the ages of 18 and 29 admit they sometimes send text messages while driving and 78 percent admit to using their cell phones while behind the wheel, she said.

But she agreed with lawmakers that the problem includes other sorts of distractions.

“Distracted driving for us means more than just cell phone use,” Ripley said. It includes playing with the radio, eating, putting on makeup, she said – anything which takes the driver’s attention from the road and what lies in the path of the motorist.

Ripley said the company prefers “a more comprehensive approach” to distracted driving which features legislation, enforcement but also education.

Harris said lawmakers are just as concerned as Hancock or insurance companies about distracted driving but want to be careful how it is defined.

“Every one of us is concerned with traffic safety,” he said. “We’re just going to have to be careful the language we choose accurately defines the problem and addresses the desired outcomes.”

Ronnie Ellis writes for CNHI News Service and is based in Frankfort. Reach him at rellis@cnhi.com. The Richmond Register is a CNHI newspaper.

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