Thoughts on the No Texting Bill

The #1 community for Gun Owners in Indiana

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Bapak2ja

    Master
    Rating - 100%
    10   0   0
    Dec 17, 2009
    4,580
    48
    Fort Wayne
    Just a few thoughts. First, I have not read the exact wording of the law, but what I have heard on the news has been that it focuses on "typing and reading" while driving. If that is the case, the issue is not texting or IMing or Skyping. The issue is looking at the device while the auto is in motion. I think that avoids the issues about Twitter, Loopt, GPS, etc. The focus is on looking at something else, no matter what it is, while the vehicle is in motion. While they call it the "No Texting Law", it really looks beyond that one action. Agreed, it does not cover women applying make up, or crazy kids messing with the CD or radio, but it does address an action that has caused significant damage to many in Indiana. This leads to my second point.

    Second, I heard this morning that the latest data indicates this behavior caused over 7,500 auto accidents in the last reporting period (I think in calendar 2010, but I am not certain of that time frame) by drivers doing this. The estimated cost to Indiana was over $250,000,000. Like it or not, this behavior has a dramatic impact on citizens who are not texting (I will use that term generically for behaviors as explained in my first point). Those 7,500 accidents involved a "texter" injuring and/or damaging the property of someone who was not texting. The damages and injuries are significant amounts.

    Third, we all are aware that wisdom dictates those using such devices should pull to the side of the road, complete their texting business and then resume driving. This is simply a basic act of wisdom. Most of us do not do it, but we should; we are a clear and present danger to ourselves and to others if we text and drive. We all know this to be true. The distraction is significant and dangerous; so wise and conscientious drivers will stop, text and then drive.

    Fourth, if people will not act wisely, laws must be passed to provide a deterrent. Excessive speed endangers others on the road, so speed limits are enacted. Excessive alcohol consumption while driving endangers others on the road, so alcohol limits are enacted. Excessive inattention to the road endangers others, so texting limits are enacted. If people refuse to act wisely, it is necessary for government to intervene to protect the citizenry at large.

    Fifth, make a behavior too expensive and the behavior will be reduced. A $500 fine for texting is significant. A court case to oppose it will begin with a $1,000 retainer for an attorney, additional fees to the court, extensive time to complete the process, etc.

    There is a fellow on INGO who has a quote at the bottom of all his posts that goes something like this: "When you get mad enough, grab your rifle and run out to the street. If you are alone, it is not time." I think, if you grab your rifle and dash into the street over this one, you will find yourself alone. It is not time—yet.
     

    Indy_Guy_77

    Grandmaster
    Rating - 100%
    16   0   0
    Apr 30, 2008
    16,576
    48
    Personally, I'm opposed to these anti cell-phone / texting bills.

    They're nothing but feel-good legislation that doesn't do anything to really curb the problem.

    See, the problem isn't texting or talking on the phone.

    The problem is distracted driving.

    Why unfairly and illogically single out just a few behaviors?

    Fiddling with radio - distraction
    dealing with kids in back seat - distraction
    eating - distraction
    drinking - distraction
    shaving - distraction
    putting on makeup - distraction
    reading - distraction
    GPS programming - distraction


    Yet legislation only focuses on a few politically correct distractions, but leaves all others alone.

    No, officer, I wasn't texting. (I was following my phone-based GPS...)

    No, officer, I wasn't texting. (I was catching the Top 10 Plays on Sports Center...)

    I think that I would be in favor of some tough anti-distracted-driving legislation (perhaps), but anything that singles out texting is intellectually dishonest. Period.

    -J-
     

    grimor

    Shooter
    Rating - 0%
    0   0   0
    Nov 22, 2010
    1,111
    36
    Elkhart
    [FONT=&quot]Enrolled Act, House Bill 1129[/FONT]
    [FONT=&quot]Sec. 0.5. As used in this chapter, "text message" means a communication in the form of electronic text sent from a telecommunications device.[/FONT]
    [FONT=&quot]Sec. 59. (a) A person may not use a telecommunications device to:[/FONT]
    [FONT=&quot] (1) type a text message or an electronic mail message;[/FONT]
    [FONT=&quot] (2) transmit a text message or an electronic mail message; or[/FONT]
    [FONT=&quot] (3) read a text message or an electronic mail message;[/FONT]
    [FONT=&quot]while operating a moving motor vehicle unless the device is used in conjunction with hands free or voice operated technology, or unless the device is used to call 911 to report a bona fide emergency.[/FONT]
    [FONT=&quot] (b) A police officer may not confiscate a telecommunications device for the purpose of determining compliance with this section or confiscate a telecommunications device and retain it as evidence pending trial for a violation of this section.[/FONT]

    No email or texts, this includes READING it. So when you are using your phone as a GPS and a text message pops up on the screen, you MUST NOT LOOK AT IT or you will be breaking the law.

    IMHO this law is unenforceable because it doesn’t ban the use of cell phones completely. All you have to do it just say you were adjusting your GPS, surfing the internet, changing you MP3 player, etc… all legal activities.[FONT=&quot]

    [/FONT]
    Texting bans cause MORE accidents. People are still going to text, they just hold their phone lower in their laps to try and hide it and avoid the ticket, taking even more attention away from the road.[FONT=&quot]

    [/FONT]
    http://www.techdirt.com/blog/wirele...bans-may-make-roads-even-more-dangerous.shtml
    http://newsfeed.time.com/2010/09/28/have-texting-bans-made-our-roads-more-dangerous/
    http://www.thebostonchannel.com/r/26656343/detail.html
    http://westpalmbeach.injuryboard.co...ban-increases-collisions.aspx?googleid=285078[FONT=&quot]
    [/FONT]
     

    Expat

    Pdub
    Site Supporter
    Rating - 100%
    23   0   0
    Feb 27, 2010
    110,047
    113
    Michiana
    Michigan enacted it last year and supposedly they have already seen a positive impact on highway safety. I found it interesting that the trooper they talked to had not yet issued a ticket for texting since the law was enacted.
     

    eldirector

    Grandmaster
    Rating - 100%
    10   0   0
    Apr 29, 2009
    14,677
    113
    Brownsburg, IN
    How about we put a system in place such that if you cause an accident while "distracted", you are civilly liable for all expenses for that accident?

    How about we put a system in place such that if you cause multiple accidents while "distracted", you will loose your license to drive?

    How about if your "distracted driving" breaks any driving laws, you are fines and possibly loose your license?

    Wait a minute.... we ALREADY HAVE THIS SYSTEM.

    What, now texting is super-duper, doubly extra illegal? This still can't be enforced until AFTER an accident, so how does it help anything?
     

    SirRealism

    Master
    Rating - 0%
    0   0   0
    Nov 17, 2008
    1,779
    38
    Fifth, make a behavior too expensive and the behavior will be reduced. A $500 fine for texting is significant. A court case to oppose it will begin with a $1,000 retainer for an attorney, additional fees to the court, extensive time to complete the process, etc.

    For me, the problem with laws like this is that enforcement must rely on subjective assessment. Imagine getting a $500 ticket because an officer thought you glanced at your phone.
     

    SirRealism

    Master
    Rating - 0%
    0   0   0
    Nov 17, 2008
    1,779
    38
    [FONT=&quot]Enrolled Act, House Bill 1129[/FONT]
    [FONT=&quot]Sec. 0.5. As used in this chapter, "text message" means a communication in the form of electronic text sent from a telecommunications device.[/FONT]
    [FONT=&quot]Sec. 59. (a) A person may not use a telecommunications device to:[/FONT]
    [FONT=&quot] (1) type a text message or an electronic mail message;[/FONT]
    [FONT=&quot] (2) transmit a text message or an electronic mail message; or[/FONT]
    [FONT=&quot] (3) read a text message or an electronic mail message;[/FONT]
    [FONT=&quot]while operating a moving motor vehicle unless the device is used in conjunction with hands free or voice operated technology, or unless the device is used to call 911 to report a bona fide emergency.[/FONT]
    [FONT=&quot] (b) A police officer may not confiscate a telecommunications device for the purpose of determining compliance with this section or confiscate a telecommunications device and retain it as evidence pending trial for a violation of this section.[/FONT]

    No email or texts, this includes READING it. So when you are using your phone as a GPS and a text message pops up on the screen, you MUST NOT LOOK AT IT or you will be breaking the law.

    IMHO this law is unenforceable because it doesn’t ban the use of cell phones completely. All you have to do it just say you were adjusting your GPS, surfing the internet, changing you MP3 player, etc… all legal activities.[FONT=&quot]

    [/FONT]
    Texting bans cause MORE accidents. People are still going to text, they just hold their phone lower in their laps to try and hide it and avoid the ticket, taking even more attention away from the road.[FONT=&quot]

    [/FONT]
    New Study Shows Texting Bans May Make Roads Even More Dangerous | Techdirt
    Have Texting Bans Made Our Roads More Dangerous? - TIME NewsFeed
    http://www.thebostonchannel.com/r/26656343/detail.html
    Surprise Report -- Texting Ban Increases Collisions | InjuryBoard West Palm Beach[FONT=&quot]
    [/FONT]

    This is the first time I read the bill. That is worded very strangely. So, it's OK to read a text message, as long as you're doing it hands-free?
     

    eldirector

    Grandmaster
    Rating - 100%
    10   0   0
    Apr 29, 2009
    14,677
    113
    Brownsburg, IN
    Oops, guess I hit a hot button. :-)
    Nah. No hotter than any other worthless, feel-good legislation.

    I understand that folks want to feel safe. Unfortunately, FEELING safe and BEING safe are not exactly the same thing. If you want safe drivers, train them to be safe. If you want retards behind the wheel, hand out licenses like candy.

    I actually feel that texting is SAFER for me. I can wait until the next light or my destination to check txts, rather than try to yack o the phone while I drive.

    I wonder how this will impact the trucking industry? Several carriers have started using SMS to send info to their drivers. Thanks to this law, they can't legally read about a route change until they park someplace. Getting tickets can end a driver's career. Not responding to dispatch can get them fired.
     

    grimor

    Shooter
    Rating - 0%
    0   0   0
    Nov 22, 2010
    1,111
    36
    Elkhart
    I wonder how this will impact the trucking industry? Several carriers have started using SMS to send info to their drivers. Thanks to this law, they can't legally read about a route change until they park someplace. Getting tickets can end a driver's career. Not responding to dispatch can get them fired.
    (b) The term does not include:
    (1) amateur radio equipment that is being operated by a person licensed as an amateur radio operator by the Federal Communications Commission under 47 CFR Part 97; or
    (2) a communications system installed in a commercial motor vehicle weighing more than ten thousand (10,000) pounds.

    but it would have to be "installed" some how.
     

    steveh_131

    Grandmaster
    Rating - 0%
    0   0   0
    Mar 3, 2009
    10,046
    83
    Porter County
    If you cut out the texting statistics and paste in some gun accident statistics, the original post could easily be used to advocate banning handguns.

    For the record, this is where I disagree:

    Fourth, if people will not act wisely, laws must be passed to provide a deterrent.

    Who decided that laws must be passed to enforce "wise" behavior?
     
    Last edited:

    eldirector

    Grandmaster
    Rating - 100%
    10   0   0
    Apr 29, 2009
    14,677
    113
    Brownsburg, IN
    (b) The term does not include:
    (1) amateur radio equipment that is being operated by a person licensed as an amateur radio operator by the Federal Communications Commission under 47 CFR Part 97; or
    (2) a communications system installed in a commercial motor vehicle weighing more than ten thousand (10,000) pounds.

    but it would have to be "installed" some how.
    Ahhh... The good, old Teamsters lobby!
     

    Paco Bedejo

    Master
    Rating - 100%
    1   0   0
    Mar 23, 2009
    1,672
    38
    Fort Wayne
    I'll persist with my current behavior. When I'm driving on a straight road in nice weather with no cars nearby (oncoming, wingmen, etc.), I'll go ahead & send/receive a text message if I damned-well please. Following those rules, I have zero chances for a ticket.

    My biggest concern is that this law will be used as an excuse to violate our 4A rights. "Let me see your license, registration, and cell phone." I may switch from my Droid X to an encrypt-able phone for this very reason.
     

    misconfig

    Master
    Rating - 100%
    28   0   1
    Apr 1, 2009
    2,495
    38
    Avon
    All I can say is: I feel so much safer now that people can be fined for doing something they will do anyway. Thank you nanny state, you make me feel so warm and fuzzy!!
     

    grimor

    Shooter
    Rating - 0%
    0   0   0
    Nov 22, 2010
    1,111
    36
    Elkhart
    My biggest concern is that this law will be used as an excuse to violate our 4A rights. "Let me see your license, registration, and cell phone." I may switch from my Droid X to an encrypt-able phone for this very reason.
    [FONT=&quot]b) A police officer may not confiscate a telecommunications device for the purpose of determining compliance with this section or confiscate a telecommunications device and retain it as evidence pending trial for a violation of this section.[/FONT]
    They better have a warrant or PC that a real crime was committed if they want to take your phone.
     

    Paco Bedejo

    Master
    Rating - 100%
    1   0   0
    Mar 23, 2009
    1,672
    38
    Fort Wayne
    [FONT=&quot]b) A police officer may not confiscate a telecommunications device for the purpose of determining compliance with this section or confiscate a telecommunications device and retain it as evidence pending trial for a violation of this section.[/FONT]
    They better have a warrant or PC that a real crime was committed if they want to take your phone.

    Yeah...and they're not supposed to confiscate, dismantle, & run the serial numbers of our pistols either. :rolleyes:
     

    Plinker

    Sharpshooter
    Rating - 0%
    0   0   0
    Dec 26, 2010
    622
    16
    Fort Wayne
    My biggest concern is that this law will be used as an excuse to violate our 4A rights. "Let me see your license, registration, and cell phone." I may switch from my Droid X to an encrypt-able phone for this very reason.

    If it does ever come to that, just carry a 'dummy' cell phone in the car. An old cell phone should fit the bill just fine.

    As for now, it looks like the police officer is not allowed to cease your cell phone for proof as to whether you've been texting or not.
     

    caserace

    Plinker
    Rating - 0%
    0   0   0
    Apr 14, 2011
    32
    6
    Huge waste of money, dont text and drive.. but its ok to make phone calls, go through your pandora/itunes play list, google stuff. But dont you send a text! Elected officials couldnt be more disconnected from the real world.
     

    Paco Bedejo

    Master
    Rating - 100%
    1   0   0
    Mar 23, 2009
    1,672
    38
    Fort Wayne
    run the serial numbers of our pistols

    sure they are, it's for officer safety

    Are certain serial numbers carrying airborne toxins?...

    I see it going down like this:

    "I think I saw you texting. This gives me probable cause to search your cell phone's history & how it matches your GPS data. Hand it over sir. Oh look, you've been discussing [software piracy, drug acquisition, street racing, etc.]"
     

    Site Supporter

    INGO Supporter

    Forum statistics

    Threads
    526,242
    Messages
    9,837,576
    Members
    54,016
    Latest member
    thatjimboguy
    Top Bottom