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RE: Texting while driving ban a challenge to enforce, authorities say  | ajc.com

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RE: Texting while driving ban a challenge to enforce, authorities say  | ajc.com
by CypherGhost at 10:20 am EDT, Jun 18, 2010

Decius wrote:

Please explain to me what is dangerous about glancing at email while sitting in the drivers seat of a car that is not moving.

So far your point seems to be that I should be fined $150 for this because its important to fine other people who are doing something different and can't do it responsibly. I fail to see what that has to do with me, and its particularly annoying given that other states have been able to distinguish these two kinds of activities in their legislation.

I would argue that a text message can be safer than taking a voice call. My girlfriend and I text each other if we're running late, etc. I hear the ding, but I know I can leave it alone for a few minutes as opposed to fumbling for the phone while changing lanes, trying to see who is calling, then answering before it goes to voicemail.

According to http://www.legis.ga.gov/legis/2009_10/fulltext/hb23.htm , the law is:

40-6-241.
A driver shall exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions which shall distract such driver from the safe operation of such vehicle, provided that, except as prohibited by Code Section 40-6-241.1, the proper use of a radio, citizens band radio, or mobile telephone, or amateur or ham radio shall not be a violation of this Code section.

40-6-241.1.
(a) As used in the Code section, the term:
(1) 'Engage in a wireless communication' means talking, writing, sending, or reading a text-based communication, or listening on a wireless telecommunications device.
(2) 'Wireless telecommunications device' means a cellular telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other substantially similar wireless device that is used to initiate or receive a wireless communication with another person. It does not include citizens band radios, citizens band radio hybrids, commercial two-way radio communication devices, subscription-based emergency communications, in-vehicle security, navigation, and remote diagnostics systems or amateur or ham radio devices.

Further down, it does say it is legal to text while "lawfully parked."

As is often the case with technology laws, there's a lot of ambiguity and work-around-potential. If I call someone and dictate a text message, is that "sending a text-based communication?" If I had a program on my phone that used a voice synthesizer to "speak" incoming text messages, would that be illegal?

And if I send a text message to a person I know is driving, am I encouraging them to break the law - which in itself could be illegal?

Furthermore, it sounds to me like the law says you can't make voice calls either ("talking" "listening").

In the end, I think you can't regulate stupidity. I think text messages are safer than voice calls. Just like I speed, I intend to continue using wireless devices when it is safe to do so (I do let it go to voice mail if it's not safe and I do pull over to talk... I realize this makes me weird and atypical.)

The $150 fine is just an other "Random Tax".

RE: Texting while driving ban a challenge to enforce, authorities say  | ajc.com


 
 
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