The National Highway Traffic and Safety Administration (NHTSA) reported that 448,000 traffic injuries and 5,474 traffic fatalities were attributed to distracted drivers in 2009. With headlines wrought with reports of cell phone, Twitter and text messaging-related fatalities, the national trend of enacting distracted driver laws is not surprising; however, since earlier this year, the Governors Highway Safety Association (GHSA) has held the position that states should hold off on specific cell phone use bans until further study can be completed.
The GHSA is a non-profit organization representing territorial and state highway safety offices in their missions to promote highway safety. With membership appointed by each state's governors, the GHSA has helped influence policies that address behavioral highway safety issues. In the organization's 2009-2010 policies and priorities, it is acknowledged that driver inattention is the leading factor in crashes and that cell phones and texting are just some of the contributing factors.
While no state bars all cell phone use, eight states have banned hand-held cell phone use and 30 others have banned texting by drivers; the GHSA has recently failed to back a California proposal for a total ban on cell phone use by drivers. The rationale for the GHSA position is twofold: there is no clear indication that wireless or hands-free cell phones are any safer and such legislation may be very difficult to enforce.
The GHSA position is supported by a report of the Insurance Institute for Highway Safety affiliate, the Highway Loss Data Institute (HLDI). In its December 2009 report, the HLDI indicated that text messaging and cell phone bans don't decrease motor vehicle crashes or improve safety. Recent statistics from the California Highway Patrol regarding a 2.7 percent increase in distracted drivers since the state's cell phone ban went into effect, may add support to the GHSA position about enforceability.
With 16 percent of all highway fatalities related to distracted driving, this public safety issue costs the public approximately $43 billion each year. While states continue to address the issue of cell phones as a major distraction for drivers, highway safety groups should continue to monitor and advocate for laws that are realistic and effective.
