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Distracted legislating * UPDATED x1 *

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Illinois

* The House is currently debating this bill…

A person commits distracted driving when he or she operates a motor vehicle while (i) engaging in text messaging, (ii) reading a newspaper, book, magazine, or map, (iii) engaged in an act of personal grooming, and the operation of the motor vehicle is in violation of a law or ordinance governing the movement of vehicles.

[Emphasis added]

The cops can’t pull you over specifically for any of these acts. It has to be an add-on situation. So, if you’re speeding or weaving you can get hit with this extra pop, but it won’t add a moving violation to your record.

Just curious what you think about the bill, particularly the highlighted selection above. Perhaps you could also suggest additional distracted driving provisions.

*** UPDATE - 1:53 pm *** The bill has now been pulled from consideration so that it can be “improved,” according to the sponsor.

posted by Rich Miller
Tuesday, Mar 3, 09 @ 1:31 pm

Comments

How about
listening to talk or sports radio
listening to the Cubs when the blow a lead

Comment by OneMan Tuesday, Mar 3, 09 @ 1:32 pm
Rep. Monique Davis is making a good point in debate. If you get pulled over for speeding and you have an active GPS device in your car, your fine would be doubled.

Comment by Rich Miller Tuesday, Mar 3, 09 @ 1:36 pm
well there goes washing face cat like…..

yes, personal grooming is distracting.

but screaming with joy as Santo yells “oh NOOOOOO.” one of the most amusing things i’ve ever heard. and the most distracting. did not get a ticket then but did get one for speeding once as the Bears scored on the Packers……

Comment by Amy Tuesday, Mar 3, 09 @ 1:36 pm
Introduced by a Republican.
That’s great.
I’ve spent so much time beating on Dems (and noting how reasonable Tom Cross seems) the last few months I almost forgot what side I should be on.

In response to the question: I think the proposal is pretty stupid. The conduct is covered by other statutes. The idea of listing every possible thing that a driver might do is ridiculous.

I’m just glad that I can blame Republicans for a change.

Comment by Skeeter Tuesday, Mar 3, 09 @ 1:37 pm
Rich -

Studies show that 62% of drivers admit to eating food and/or drinking beverages while driving, and that doing so increases your chances of having an accident by 50%.

In fact, eating and drinking while driving increase your chances of having an accident MUCH MORE than texting or talking on a cell phone, because drivers tend to slow down to safer speeds while texting because it is perceived as being riskier, while many drivers think nothing of barreling down the highway at 75 mi/hr while shoving Taco Bell down their throat.

Let’s see if Illinois lawmakers have the guts to stand up to McDonald’s, Taco Bell, Wendy’s and the rest of Big Fast Food and ban eating-while-driving.

Comment by Yellow Dog Democrat Tuesday, Mar 3, 09 @ 1:39 pm
“…and you have an active GPS device in your car, your fine would be doubled…” That’s nuts!
“…listening to the Cubs …” Should be a Primary Offense.

Comment by A Citizen Tuesday, Mar 3, 09 @ 1:39 pm
That used to be the case for seatbelt violations, too, until the CPD and the ISP began running seatbelt missions. While it may start off as an “add-on” provision, it won’t stay that way for long…

Comment by Former Traffic Prosecutor Tuesday, Mar 3, 09 @ 1:40 pm
Maybe we should simply ban driving. That would cut down on accidents.

Comment by 47th Ward Tuesday, Mar 3, 09 @ 1:41 pm
Don’t they have bigger fish to fry right now like the state nearly being bankrupt?

Comment by Dan S, a Voter, Taxpayer and Cubs Fan Tuesday, Mar 3, 09 @ 1:43 pm
engaged in an act of of colorful explictives after hearing on the radio that IL has sunk so low that it is is getting dissed by Lousiana.

Comment by Ghost Tuesday, Mar 3, 09 @ 1:43 pm
With the trouble we have in the economy this is what is being voted on? No budget cuts? No trying to figure out how to pay pensions? No job creation? People are hurting and this is what the majorrity thinks is important? Texting while driving? Just wondering…

Comment by mover631 Tuesday, Mar 3, 09 @ 1:43 pm
I would like to hear their debate on if Picking Your Nose is “an act of personal grooming”.

Comment by A Citizen Tuesday, Mar 3, 09 @ 1:44 pm
I would like to amend the bill to preclude my mother from being in a car that I am driving. Far more distracting than my cell phone, cheeseburger, or lipstick.

This is getting goofy. We’re legislating common sense.

Comment by While we're at it Tuesday, Mar 3, 09 @ 1:44 pm
mover631, that’s a red herring that’s way overused. They can do more than one thing at a time. The budget will be presented in a matter of days. Be patient.

Comment by Rich Miller Tuesday, Mar 3, 09 @ 1:44 pm
So much for shaving my legs while driving.

This bill is stupid. People can be distracted by all kinds of things, where do you draw the line?

Comment by Anonymous ZZZ Tuesday, Mar 3, 09 @ 1:47 pm
“Now children”, Nanny Government boldly tells it’s citizens, “there will be no nose-picking behind the wheel of a moving automobile!”

“No smoking!”
“No eating!”
“No drinking!”
“No texting!”
“No reading, except for road signage!”
“No loud conversations!”
“No arguing!”
“No crying children!”
“No loud or disruptive music!”
“No movies!”
“No Blackberries or other wireless devices!”
“No fiddling around in your seat!”
“You turn on your windshield wipers - once!”
“You may only use the headlight switch in an emergency! - Otherwise, before you use your transmission, turn on your headlights!”
“No distractions of any kind!”

Comment by VanillaMan Tuesday, Mar 3, 09 @ 1:47 pm
I don’t understand the correlation between speeding and having an active GPS device in a car and why that should double the fine. Can someone explain that to a simpleton like me?

Comment by Elliot Ness Tuesday, Mar 3, 09 @ 1:49 pm
anytime you drive with little kids in your car is a distraction. Putting a movie in for them, getting a drink for them or a snack, a thrown toy. I’ve been guilty of texting and driving not very good at it and the first time I saw someone reading and driving I was appalled but long distances on the highway I will do it.

Comment by anon414 Tuesday, Mar 3, 09 @ 1:50 pm
How about adding something about long phone calls without a hands-free device.

Comment by Hello Pot Tuesday, Mar 3, 09 @ 1:50 pm
Perhaps the active GPS device is equal to reading a map?

Comment by A Citizen Tuesday, Mar 3, 09 @ 1:51 pm
Yes, that’s correct. It’s a map.

Comment by Rich Miller Tuesday, Mar 3, 09 @ 1:51 pm
“Perhaps you could also suggest additional distracted driving provisions.”

I suggest we outlaw bright shiny objects in cars or near roads. I often find them very distracting.

Rep. Pritchard? Can you help me out on this one?

Comment by Skeeter Tuesday, Mar 3, 09 @ 1:52 pm
Does the bill define “personal grooming”? So if you’re stopped at a stoplight and brush your hair, pick your nose and/or ear, etc., etc.

Don’t we already have a statute that outlaws doing dumb things that cause accidents: reckless driving? If you’re doing anything distracting enough to cause an accident, it should ovbviously fall into that category.

Comment by Anon Tuesday, Mar 3, 09 @ 1:53 pm
Shouldn’t billboards be banned? Aren’t they intended to capture your attention while driving?

Comment by casual observer Tuesday, Mar 3, 09 @ 1:55 pm
Anon, there’s a link to the bill. If you click it you’ll see there’s no definition.

Comment by Rich Miller Tuesday, Mar 3, 09 @ 1:55 pm
Well then, Rich, I disagree with that provision. The GPS in my car gives me my directions through my speakers. I very rarely look at the map. If I’m speeding down I-57, the GPS may be active but I’m certainly not using it.

Comment by Elliot Ness Tuesday, Mar 3, 09 @ 1:55 pm
===I very rarely look at the map. ===

No matter. If the cop decides that you did look at it, you’d get the ticket. Total discretion.

Comment by Rich Miller Tuesday, Mar 3, 09 @ 1:57 pm
As the saying goes, “I love my country, but I fear my government.”

I don’t know, maybe we’ll laugh about it someday, but this “add-on” legislation seems silly. How about debating something you can sink your teeth into…like conceal and carry?

Comment by BandCamp Tuesday, Mar 3, 09 @ 2:07 pm
Q: What do you call that thing you do in the morning when you are eating breakfast, putting on makeup and/or texting your freinds?

A: Driving.

While I tend to hate this type of Nanny legislation, in the past six months I have had two drivers come across the line while they were texting and put me onto the shoulder. My question is how does one provide the proper signal to drivers that their focus should be on the road?

Comment by Slick Willy Tuesday, Mar 3, 09 @ 2:10 pm
A person commits distracted driving when he or she operates a motor vehicle while:

Practicing the Kama Sutra

Performing surgery

Meditating

Sleeping

Baking

Vacuuming

Sunning

Mooning

Longing

Yearning

Coveting

Somersaulting

Painting

Crying

Proselytizing

Kvetching

Fishing

Slicing

Dicing

Batting

Fielding

Pitching

Embezzling

Boxing

Playing the piano

Comment by wordslinger Tuesday, Mar 3, 09 @ 2:18 pm
You can’t be pulled over for it? Sounds like how our seat belt law started out.

Comment by lurking moderate Tuesday, Mar 3, 09 @ 2:19 pm
“Now class”, fifth grade teacher Mrs. Applebee tells her children, “Patty brought her mother’s antique quill and ink well into class, and it spilled everywhere on her desk.”

“So from now on, there will be no more writing instruments allowed around your desk area. If you wish to write when we are practicing writing, you will need to see me first. I will give you a number two pencil that is not sharp enough to injure you if you fall onto it. The pencil is short enough to prevent any of you from accidentially gouging out your eyes in the case of a tornado striking our school building. It will be coated in a soft biodegradeable cover, be lead free, dolphin free and made of recycled wood pulp from wild non-endangered trees.”

“While writing, please do not exhale as it produces too many Greenhouse gases which endanger our planet. No farting either. Do not place the writing instrument into your mouth, or any other orafice, unless you have previously contacted Mrs. Dunne, our principal, for a release form characterizing your oral fixation to our writing instrument as a lifestyle or faith-based statement of religious belief.”

“Mrs. Applebee?”, Billy McMillan aks his teacher, “if we no longer have pencils or pens, what will you use to demonstrate how we unroll a condom?”

Comment by VanillaMan Tuesday, Mar 3, 09 @ 2:23 pm
“Big Brother” Pritchard pulled the billl. He was on the verge of winnng the Century Club trophy.

Comment by EmptySuitParade Tuesday, Mar 3, 09 @ 2:24 pm
VM said: “No loud conversations!”

I guess that would cover riding with Rep. Black.

Comment by Pot calling kettle Tuesday, Mar 3, 09 @ 2:25 pm
Maybe she meant a Radar or Laser Detector for speeding. That would make sense. This is what happens when they are in session for so long. 25 days per year and send them home, then only important things would be addressed and not these silly, idiotic matters.

Comment by Who Id It? Tuesday, Mar 3, 09 @ 2:26 pm
http://www.youtube.com/watch?v=vMW3Q7TQars

Comment by Ahem Tuesday, Mar 3, 09 @ 2:27 pm
The last time I was in a traffic accident the guy who hit me was eating a Big Mac. I was hurt (and stunned) but the only thing on his mind was that he was gonna have to clean that darned sandwich off his dashboard.

Comment by JoJo Tuesday, Mar 3, 09 @ 2:28 pm
Rich –No matter. If the cop decides that you did look at it, you’d get the ticket. Total discretion.–

And sets up for total selective ticketing/fines. Discretion meaning yeah, one can multi task and the next guy can’t. Either make something illegal while driving or don’t.

Comment by Princess Tuesday, Mar 3, 09 @ 2:28 pm
Would picking your nose fall under personal grooming? If so, that could be a problem for many, from what I’ve seen…

Comment by Curtis Tuesday, Mar 3, 09 @ 2:29 pm
I can’t believe no one has mentioned the terrible danger of Books On Tape! On a long drive listening to a Scott Turow thriller the dramatic ending clearly got me distracted. The trooper who ticketed me said I was doing 95. I was in the middle of nowhere; ironically, on my way home from law school.

Comment by Monstrum Tuesday, Mar 3, 09 @ 2:32 pm
–Would picking your nose fall under personal grooming?–

No, personal pleasure.

Comment by wordslinger Tuesday, Mar 3, 09 @ 2:35 pm
I know, lets ban people getting pulled over. Those cars with the flashing lights and strobe effects are distracting. Just look at how traffic slows to a crawl anytime one of them is on the side of the road.

Comment by Anon from BB Tuesday, Mar 3, 09 @ 2:37 pm
I am one of the people who doesn’t multi task very well but even I could shave with an electric razor while maintaining control of my vehicle. Not that I ever do that. Re: the GPS issue, I think radar detectors amount to about the same thing as burglary tools and ought to be banned, if we’re going to ban any of this stuff. Re: the priorities issue, maybe we could put all the silliness in one bill and have a moment of silence while driving.

Comment by Excessively rabid Tuesday, Mar 3, 09 @ 2:38 pm
Man, Yellow Dog just put me off my decaf. So is education the answer? If more people knew the odds of becoming a bloody smear on the road while snacking, drinking, texting, etc., would that change behavior?

Maybe the law should include a traffic-school-instead-of-fine option. I’ve seen fully grown, otherwise hard-to-change people become vastly better drivers after attending on-line traffic school. Make them watch a bunch of gory accident site photos and test them on the details, to make sure they take a close look.

Comment by Scared Straight Tuesday, Mar 3, 09 @ 2:44 pm
Need to add the cell phone to the list of bad driving habits.

Comment by Honest Abe Tuesday, Mar 3, 09 @ 2:48 pm
I use an earbug with my iPhone. My problem has been finding the names on my phonebook. Takes forever and is admittedly very distracting. Need voice dial.

Comment by Rich Miller Tuesday, Mar 3, 09 @ 2:49 pm
I don’t think banning “personal grooming” is such a bad idea. Ever see ladies on the Chicago expressway’s putting on makeup on their way to work? Guys using an electric razor and their rearview mirror to get rid of the stuble on the way to a meeting they’re already late for. It sounds stupid when it’s written down, but I don’t think it’s a terrible idea.

I do have a problem with GPS not being excluded….I use mine constantly…especially while driving in the city.

Comment by Nick Tuesday, Mar 3, 09 @ 2:52 pm
I read, while stopped at red lights. I hope that’s okay, since I don’t read while I’m moving.

Comment by ConservativeVeteran Tuesday, Mar 3, 09 @ 2:54 pm
==I think radar detectors amount to about the same thing as burglary tools and ought to be banned, if we’re going to ban any of this stuff.==

After reading this, I about posted that they are illegal. After looking it up, however, it’s an odd thing that detectors are legal, unless you’re driving a commercial vehicle (federal law), but radar jamming devices are illegal. Either way, you can technically be ticketed for having anything in between you and your windshield (detectors, GPS, fuzzy dice, dancing Jesus’).

Comment by Anon Tuesday, Mar 3, 09 @ 2:56 pm
–I use an earbug with my iPhone.–

Must also be distracting pretending your Mr. Spock, and you and the crew of the Enterprise are traveling at warp speed to engage the Romulans in the Alpha Nebula

Comment by wordslinger Tuesday, Mar 3, 09 @ 2:57 pm
==I read, while stopped at red lights. I hope that’s okay, since I don’t read while I’m moving.==

Yes, but you’ll be in operation of your vehicle. Cops and legislators don’t care about small things like whether you’re actually driving. Sort of like how you can be given a DUI even though your car’s in park, turned off, and your just sitting in it with the keys in your hand.

Comment by Anon Tuesday, Mar 3, 09 @ 2:59 pm
Years ago, I would regularly see a young lady in a red Fiero that was very skilled at putting on pantyhose while at stoplights. Could I be cited for being distracted by *her* personal hygiene?

Comment by Ken in Aurora Tuesday, Mar 3, 09 @ 2:59 pm
Not only are radar detectors not illegal, historically when a ban is discussed, the industry argues that they’re safety equipment. “They help drivers obey the speed limit.” Seriously.

Comment by Excessively rabid Tuesday, Mar 3, 09 @ 3:01 pm
Get real!

I used to sit in crawling traffic twice a day during the week. I left home at 7:30 to hopefully get to work by 9:00. What did they expect me to do during that time? At 20 mph, or slower, I was barely moving - barely driving.

Get real! At that speed I could eat, drink, shave, clip my fingernails, pick my nose, listen to the music - at the same time. Passing a law like this would not only be insulting, it would cause more accidents when drivers went into comas from crawling 90 minutes, twice a day in their cars. Without these daily niceties performed while I drive, I would have had nothing to do but speed, tailgate, and go road rage all over the geezers in their Camrys and Accords.

Crashes happen when cars speed, and are then distracted. Outlawing distractions is ridiculous.

Comment by VanillaMan Tuesday, Mar 3, 09 @ 3:07 pm
If the GA can do more than one thing at a time then so can I.

Comment by dupage dan Tuesday, Mar 3, 09 @ 3:13 pm
An earlier proposed law would make it a felony if you cause more than $1,500 to another vehicle in an accident caused by your negligence (i.e. if you violated some statute that causes an accident). I knew it was only a matter of time before picking your nose became a potential felony.

Comment by Anon Tuesday, Mar 3, 09 @ 3:21 pm
Vanilla - I disagree with you. The only accident I have been in is bumper to bumper traffic (going at the speed if idle) and ended up rear ended by a guy dialing his cell phone!

Comment by The KQ Tuesday, Mar 3, 09 @ 3:22 pm
I have a TomTom that vocally gives me directions, so I don’t have to read the map screen. Funny thing though, the voice sounds just like my wife!

Comment by NewDay Tuesday, Mar 3, 09 @ 3:23 pm
I don’t know much about the guy who introduced this thing.

Anybody know if his goal is to get plaintiff’s an extra jury instruction, or whether the goal is revenue?

The idea that it might be for public safety seems ridiculous.

Comment by Skeeter Tuesday, Mar 3, 09 @ 3:39 pm
Most distracting thing in the last few months. Getting up and not listening to the news until I had NPR on in the car. Speeding rapidly to the nearest place with internet access upon hearing Rod Blagojevich had been taken into federal custody. No driving and listening to the radio when indictments are imminent.

Comment by archpundit Tuesday, Mar 3, 09 @ 3:48 pm
You want to talk about distracted?

I was hit from behind by a chatty young thing on a cell phone while standing on a corner in downtown Chicago waiting for the light to change.

She said “scuz me sir, not you Yolanda, the guy I just run into” and then kept on walking and talking. She had a hands free blue tooth thingamagigger in her ear. She kept waiving her hands while talking.

We were both pedestrians at the time!

Outlaw that!

Comment by Louis G. Atsaves Tuesday, Mar 3, 09 @ 3:53 pm
After driving 500,000 miles in NE Illinois over the last 20 years, I can honestly report that the main cause of accidents is driving-while-being-a-dumbass. Whether its a cellphone, a newpaper, alcohol, makeup, a GPS, the radio, the kids, reefer, other drivers, the weather, or imaginary voices, it is solely the responsibility of the driver not to drive like a moron. Many still manage to do it, even every day.

I don’t know how the GA will put that into legislation. I do agree, though, that putting all of us back through defensive-driving school periodically would be a good idea. I did it to have a speeding ticket removed from my record about 15 years ago and learned enough to make it not completely worthless.

Comment by Lefty Lefty Tuesday, Mar 3, 09 @ 3:54 pm
It’s all basically a matter of it not being safe
to be around other people….everyone is dangerous
except for me.

Comment by Esteban Tuesday, Mar 3, 09 @ 4:04 pm
Not yet added to the bill…messing with your radio or GPS device.

Comment by Segatari Tuesday, Mar 3, 09 @ 4:46 pm
An important bill muddled by silliness — Rich, I promise I won’t scream again for at least a year but CELL PHONE DRIVING IS AS DANGEROUS AS DRUNK DRIVING AND SHOULD BE TREATED AS SUCH — OTHER ACTIVITIES AREN’T AS BAD. A person has control over fumbling with the radio or gps, with another person they aren’t going to be rude and immediately hit the “off” button on the phone, or even interrupt, if an emergency comes up.

Comment by lake county democrat Tuesday, Mar 3, 09 @ 5:10 pm
When I worked at IDOT, I had to review crash reports to determine contributing causes. You would be surprised what people were doing before a crash. I had one set of data that nearly 50% of the crashes (out of nearly 200 crashes) were due to people driving distracted or impared (drunk, asleep, drowsy).

Driving is one of the most complex tasks that we do on a daily basis. We must make several thousand decisions per minute. Most of which are made unconsciously. At 60 miles per hour, a driver has covered the length of a football field in less than 3.5 seconds. AASTHO says that an average driver takes 2.5 seconds to percieve and respond to a complex driving situation - nearly 3/4 the length of a football field (220′) is covered before the driver reacts.

Stupid people get hurt in stupid ways (Darwin Awards). Unfortunately, they often take innocent bystanders with them.

So put down the paper, GPS, cell phone, personal hygiene items, keep two hands on the wheel and pay attention to your driving, you might get home safely.

Comment by Huh? Tuesday, Mar 3, 09 @ 5:40 pm
CELL PHONE DRIVING IS AS DANGEROUS AS DRUNK DRIVING AND SHOULD BE TREATED AS SUCH — OTHER ACTIVITIES AREN’T AS BAD.

I beg to differ.

Eating while driving doubles crash risk

10 most dangerous foods to eat on the road
Eating while you drive is one of the most distracting things you can do, according to several recent surveys by insurance companies and data from the National Highway Traffic Safety Administration (NHTSA)….

The top 10 food offenders:

1. Coffee. It always finds a way out of the cup.
2. Hot soup. Many people drink it like coffee. Same effects.
3. Tacos. “A food that can disassemble itself without much help, leaving your car looking like a salad bar,” says Hagerty.
4. Chili. Dangerous drips and slops down the front of clothing.
5. Hamburgers. Grease, ketchup, mustard on your hands, your clothes and the steering wheel.
6. Barbecue. Spicey and dicey. There is the temptation to lick your fingers. More grease on the steering wheel.
7. Fried chicken. Ditto. Grease coats everything you touch.
8. Jelly or cream-filled doughnuts. Dangers relate to oozing while cruising. Raspberry jelly stains difficult to remove.
9. Soft drinks. Prone to spills and sudden fizzing if car makes sudden movements. Cola fizz in the nose is perilous while driving.
10. Chocolate. Tempting but treacherous. Try to clean it off the steering wheel and you’re likely to end up swerving.

Comment by Yellow Dog Democrat Tuesday, Mar 3, 09 @ 5:46 pm
Rich, remember when the seat belt law went into effect…won’t stop you for not having it on….unless you commit another violation…now we set up road blocks for “Seat Belt Enforcement Area Ahead” too abritary in nature…if we are driving down the road and happen to pass a school zone, whether students are outside or not, we will have to disconnect our cell phones and call back later??? Guess that $1.00 extra we’ll all have to pay after July 1 to pay for more state police vehicles will be put to good use? not counting the extra $10.00 we’ll be pulling out of the Drivers Ed fund for court supervision….
The added fees will generate $9 million more not counting the supervision fees?? where are we headed??

Comment by mayor111 Tuesday, Mar 3, 09 @ 7:31 pm
Yea I know it fun to pick on the primary seat belt law… but guess what it works. Fewer people are injuring themselves or the injuries the receive are less sevre. Of all the traffic sats in Illinois that is a bright spot. Less poeple in the ER is better for all of us! So pick another nanny state law to bust on, as there are enough that don’t work.

Comment by Anon3 Tuesday, Mar 3, 09 @ 8:56 pm