Legal Commentary

susan savage gets something right: banning DWT

By David A. Giacalone

.. We’ve probably spent more than enough time on Wendy Savage today.  In contrast to all that good press, there’s another Ms. Savage who’s has gotten nothing but bad reviews here at f/k/a the past couple of years (see here, and there): She’s Susan E. Savage, the Chair of the Schenectady County Legislature.  But, it had to happen: Chairwoman Savage has proposed a local law that actually makes good sense.  Indeed, we supported just such a law for the entire State about 5 weeks ago here at f/k/a.

To wit: If Susan Savage gets her way, “Texting while driving could soon be banned in Schenectady County” (CBS 6 News, October 23, 2008).

This afternoon, Chairwoman Savage introduced a local law to ban what we call DWT — driving while texting. (Click here to read the full press release as a PDF file; also, “Schenectady County proposing texting ban while driving“, Albany Times Union, October 23, 2008 ) In her press release, Chairwoman Savage had some important things to say:

?This is an important public safety issue.  Research has shown the dangers of driver distractions so it is important that we propose legislation that will prevent a deadly accident before it happens.

.. ?I also hope this will raise awareness to this dangerous and deadly behavior.  Before the New York State seatbelt law, most drivers knew it was a good idea to wear one, but only 17% of drivers were motivated to change their old habits.  Now, 89% of drivers in New York State wear their seatbelts.?

As the Times Union noted, “The issue took on prominence when five high school girls died in a fiery accident south of Rochester in 2007. Cell phone records showed someone was texting on the driver’s cell phone when the girls’ SUV passed a car and crashed into a tractor trailer.” And,

“By considering this legislation, Schenectady County says it would join Rochester’s Monroe County in proposing a ban. Westchester and Suffolk counties have already passed similar bans. Alaska, New Jersey, Minnesota, and Washington State have also passed state-wide bans.”

As we opined on September 18th, The Schenectady Gazette got it right on banning driving while texting in its editorial ?Textbook case of a law that shouldn?t be necessary, but is? (September 15, 2008):

?And [the DWT law] should be enforced more rigorously than the oft-ignored handheld cellphone ban. Perhaps if police had done a better job with that one, motorists wouldn?t be so brazen about engaging in far-more-distracting text messaging.?

The f/k/a Gang hopes the ban on texting while driving passes.  If we get really lucky, Susan Savage may realize that her arguments about driving distractions apply equally to DWP: driving while phoning.  Unfortunately, the State has pre-empted local jurisdictions with ineffective, counterproductive and under-enforced laws that only ban hand-held cellphones, while permitting driers to use the equally distracting hands-free version. It would be great, threfore, if Ms. Savage got other local leaders across the state to lobby the Legislature and Governor Patterson to ban all forms of phoning while driving.  If, as a busy politician and mother, she currently engages in that reckless behavior behind the wheel, publicly giving it up would make Susan Savage an excellent role model.

.. let’s ban driving while texting! . .

. . . and all phoning while driving! . .  .

Full post as published by f/k/a . . . on October 23, 2008 (boomark / email).