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Executive Order Bars Federal Workers From Texting and Driving

CWmike writes "A two-day Distracted Driving Summit in Washington concluded Thursday, after experts raised multiple thorny questions on how to reduce cell phone and texting while driving, with a big emphasis placed on driver and employer responsibility. But that was not before President Obama signed an executive order that tells all federal employees not to engage in texting while driving government vehicles. [US Transportation Secretary Ray] LaHood also announced that his department would ban text messaging altogether and restrict cell phone use by truck and interstate bus drivers, and disqualify school bus drivers from receiving commercial driver's licenses if they have been convicted of texting while driving. His department also plans to make permanent some restrictions placed on the use of cell phones in rail operations, he added without offering further details. The executive order 'shows the federal government is leading by example' and 'sends a signal that distracted driving is dangerous,' LaHood said."

38 of 236 comments (clear)

  1. Employer Responsibility by Anonymous Coward · · Score: 5, Insightful

    In this case, the Executive Order applies to employees of the Federal Government. That sounds like an employer taking responsibility by stating company policy for employees when they are driving employer-owned vehicles. When those same people are driving their own cars on their own time they are still free to be fucking morons and kill themselves.

    1. Re:Employer Responsibility by noidentity · · Score: 3, Insightful

      That sounds like an employer taking responsibility by stating company policy for employees when they are driving employer-owned vehicles. When those same people are driving their own cars on their own time they are still free to be fucking morons and kill themselves.

      And kill others. Which is why this is kind of odd, since it's not just the vehicle that's put at risk.

  2. Just federal employees? by salmacis2 · · Score: 5, Insightful

    What? Texting and driving isn't already illegal in the USA? It's illegal in the UK, and quite right too. A car is a lethal weapon if you are not paying attention - and it's impossible to compose a text message while simultaneously maintain the necessary level of attention to driving.

    1. Re:Just federal employees? by clickety6 · · Score: 4, Funny

      and it's impossible to compose a text message while simultaneously maintain the necessary level of attention to driving.

      Rubbish! I'm writing this on my iPhone right now and I am safely in control of this vehic

       

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    2. Re:Just federal employees? by Svartalf · · Score: 2, Interesting

      Texting probably is- I'd think it was covered under reckless driving statutes.

      You'd think it was a foregone conclusion, really, that this was a BAD thing to do- but people do it right along with the trying to drive whilst the phone's up to the head. But noooo....

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    3. Re:Just federal employees? by Jason+Levine · · Score: 4, Interesting

      It's illegal where I live (New York) even though I've seen people obviously texting while they're driving. Many states, though, are having problems passing bans because some people think it is a "personal rights" issue. They fail to realize, however, that while you might have the right to take a chance with your life due to texting while driving, you don't have the right to take chances with other people's rights. If you cross the center line and plow into another car head on because you just *had* to reply to your friend's incoming text message, you could wind up killing people other than yourself. (There was a story on NPR where this exact thing happened. The twenty year old who was texting killed a parent and child and he survived.)

      Personally, I think it is sad that we even need to ban it. It should be a common sense thing that you shouldn't be looking at your phone to compose a text while you're driving. If you really need to text, pull over, send the text, then start back up. If you really need to talk with the person, get a hands-free set and call them. (Yes, being engaged in a phone conversation is still distracting, but it is less distracting than looking away from the road for a few seconds to type and send a text message.

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    4. Re:Just federal employees? by Anonymous Coward · · Score: 2, Interesting

      I have heard that laws against texting / talking on the phone / whatever while driving do not actually cause there to be less accidents. People will continue to do so. However, the only thing that does change is the amount of revenue generated from traffic violations.

      My ideal system for dealing with texting / drinking / $distraction while driving would go like this: Once you've hit someone while being distracted or intoxicated, they get you not only for whatever injuries and damages you do, but also get you for criminal negligence. Otherwise, consider yourself very very lucky that you haven't hurt or killed someone or damaged something. Bonus points if the cops pull you over while you're intoxicated and hold you until you are no longer intoxicated.

    5. Re:Just federal employees? by c · · Score: 5, Insightful

      > Personally, I think it is sad that we even need to ban it.

      That's the really silly part... we don't need to ban it. Just about any sane jurisdiction that allows driving already has laws against various forms of reckless or distracted driving. Before cell phones, our parents and grandparents were dealing with people driving while shaving, reading newspapers, having sex (partner optional), applying makeup, eating, beating the kids, etc. This stuff isn't new, and if we aren't enforcing the laws already on the books, creating a new law isn't going to do a damn thing except (maybe) raise awareness of the issue.

      c.

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    6. Re:Just federal employees? by corbettw · · Score: 5, Informative

      Actually, it turns out that's not the case. I thought it was too, until a recent Slashdot discussion where someone corrected me. I've since done a little more research and found this chart published by the AAA: http://www.aaapublicaffairs.com/Assets/Files/20099111616410.DistractedDrivingLaws.doc (warning: Word doc, not HTML or PDF for some reason).

      Only four states ban "distracted driving", and various other combinations of states ban texting, talking on a phone, or other specific actions. There are only two states (Ohio and Wisconsin) that don't ban any of these behaviors. As for the rest, it's a hodgepodge of restrictions. It's worth checking out the link to make sure you know what your state does, and does not, ban.

      --
      God invented whiskey so the Irish would not rule the world.
    7. Re:Just federal employees? by schwanerhill · · Score: 4, Informative

      Re "Just federal employees": The president can ban federal employees from texting while driving for work (or having cream in their coffee while on the job, for that matter, if he so chose) by an executive order. Banning all drivers from texting would take an act of a legislature, and this sort of thing is typically done by state law, not federal law. Congress can effectively force states to enact highway laws like this by withholding federal highway funds.

      Congress may get there soon, but it takes more time.

    8. Re:Just federal employees? by Waffle+Iron · · Score: 3, Insightful

      That's the really silly part... we don't need to ban it. Just about any sane jurisdiction that allows driving already has laws against various forms of reckless or distracted driving.

      I'm so sick of people making this argument every time this topic comes up. To penalize texting while driving under the current law, you would have to haul each offender into court, and each and every time try to prove to a jury that texting is indeed distracted driving. Huge amounts of resources would be wasted doing this over and over again. Each time it would be fought tooth-and-nail by slick and clever defense lawyers who would bring in all sorts of pseudo statistics to try raise doubts that texting while driving has been 100% air-tight proven to be dangerous. Remember how they convinced a jury that OJ wasn't guilty?

      A specific law would point out that texting while driving == distracted driving, no ifs, ands or buts. This fact would not have to be re-proven in every case. Pay the ticket, move on, and don't do it again.

    9. Re:Just federal employees? by drinkypoo · · Score: 2, Insightful

      All states ban driving in an unsafe manner. States with "driving while distracted" laws are on the way to the same stupid proliferation of laws that leads to "no texting" laws. If someone can drive so well and hold their phone against the wheel such that you can't tell they're texting, you don't need to stop them. Otherwise, it's pretty much always obvious; the guy who is driving like he's got lag needs to be checked out. If it turns out he was on his phone at the time, he should be given a ticket, not for using his phone while driving, but for unsafe driving.

      The reason we do have these laws is to get these people through the court system faster, of course. It eliminates all arguments about whether one was driving safely or not. I should think it would be enough to rely on precedent, but I guess not.

      Further proof that more courts, more judges, more laws, more jails, and more prisons will not solve what is really wrong with this country.

      --
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  3. 'bout time by dkleinsc · · Score: 5, Insightful

    Now the more interesting question is how you enforce this.

    For starters, I think they're going to have to punish managers who want their people available 24x7x365. If you ban cell phone use and texting by federal employees while driving, and the federal employees in question are driving home, you're just going to have to wait. Which shouldn't be a problem - if it is a real problem then you haven't properly trained backup personnel to cover for the guy who's driving home, which means that if he slams into a tree due to texting you're all going to be in much bigger trouble.

    This came up in a discussion on another site, and a doctor pointed out "If I can get to the side of the road and stop to handle what could easily be a life-or-death emergency, you can get to the side of the road and stop to handle whatever you're dealing with."

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    1. Re:'bout time by characterZer0 · · Score: 2, Informative

      Using a hands-free is only slightly less dangerous than holding a phone to your head.

      The problem is no so much the occupied hand as the distracted brain.

      --
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    2. Re:'bout time by Firemouth · · Score: 2, Interesting

      It doesn't matter. If you're distracted, the method of the distraction doesn't matter. If they're calling you, odds are its not a "ok is the computer plugged in?". The call is probably going to require some kind of thought, which means your brain isn't focusing on the dynamic traffic conditions. If someone slams on their brakes in front of you, and you're distracted, there's a good chance you won't see them braking before its too late. I say "distracted" not "on the phone" because there have always been other methods of distraction that I think are equally as bad. I think cell phones are getting the limelight because the frequency of their usage is significantly higher than any other distraction out there. Kids not behaving, something rolling around you're trying to grab, eating a big mac, doing your makeup, shaving, etc. All of those happen and cause distractions which can and have caused accidents.

    3. Re:'bout time by schwanerhill · · Score: 2, Insightful

      I don't know why a mobile is worse, perhaps it's a pavlov dog thing since when you have a phone to your ear you are normally trying to block out your surroundings.

      I suspect a big part of it is that passengers are present and can see what's going on on the road.

      When there's traffic that needs attention and I, as the driver, get distracted from the conversation I'm having with my passenger, the passenger understands why I'm distracted from the conversation without the need for me to explain why. When talking on the phone, it takes both more time and more mental effort on my part to explain what's going on to the person I'm talking to. ("Sorry, I'm concentrating on switching lanes now, so I'm not listening to what you're saying".) In practice, when on the phone, the driver is more likely to just keep full attention on the conversation.

      That's not to say that having an involved conversation with a passenger can't be dangerous, just less so.

  4. Re:Lame headline? by jandersen · · Score: 2, Insightful

    The last time I looked in a dictionary, "or" was no closer to "while" than "and".

    Perhaps you need another dictionary, or maybe you should look more carefully. According to Wiktionary:

    While and whilst are conjunctions whose primary meaning is "during the time that"

    IOW, it means (or implies) "at the same time as"; thus, "I text while I am driving" means "I text and drive at the same time". To most users of the English language, the sentence "I text or drive at the same time" doesn't make much meaning. Ergo, "while" has a good deal to do with "and", and not so much with "or"; some would even say that they are functionally equivalent.

  5. Really? by david@ecsd.com · · Score: 5, Insightful
    I find it absolutely amazing that you have to have the president of the United States tell adults that texting while driving is a bad idea. It's bad enough that even in the small city where I live every day is another near crash with some jackass with their effing phone glued to their ear, blithely unaware of their surroundings.

    I wish it were just teenagers, but these are adults who should know better. If you get in your car, turn the bitch off. Full stop. What really gets me is the douche bags who rationalize what they're doing because, "it's just for a couple of seconds," or, "I'm good at multitasking." Sure, whatever, you bet. Learn how to use your damn voice mail because nothing is that important.

    1. Re:Really? by schwanerhill · · Score: 2, Informative

      Learn how to use your damn voice mail because nothing is that important.

      And if it is that damn important, pull over to the side of the road.

      On a serious note, this order really does have some practical benefit because if a federal employee has something that is important enough that it has to be dealt with while driving, the employee can pull over, make the phone call, and the employee's boss will have no justification to complain about the employee being 5 minutes late for whatever appointment s/he was driving to. If the boss complains, the employee has a written policy to cite.

  6. Re:Lame headline? by Sique · · Score: 3, Informative

    Because the conjunction A v B is only true when A and B both are true, while A ^ B is true if at least one of A and B is true.

    So it is forbidden now to do both A and B at the same time, while Texting itself and Driving itself are still allowed. Thus only (A v B) is forbidden, but (A ^ B) is still allowed if (not A B).

    --
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  7. Re:Maybe it's a start by BESTouff · · Score: 3, Insightful
    Interestingly North American people are genetically unable to thank their governement for anything it does or decides. If it comes from the governement, it must be a trap, mean or just plain wrong.

    Wake up guys. Your governement is yours, you elected it. Consistently criticizing its actions is childish at best.

  8. Nice Study from Car and Driver by gizmonic · · Score: 2, Interesting

    Car and Driver published a study in which they compared reading and writing text messages with drunk driving. They only tested reaction times, not vehicle control. But, in general, reading and writing texts led to worse reaction times than being intoxicated. Decent and short read.

    http://tinyurl.com/candtextingwhiledriving

    As another posted mentioned though, enforcement will be the real issue. Sounds like it will be more post crash cell phone log analysis to see if you were texting than anything they can pull you over for. Because unless you're doing it in a very obvious manner, there's no real way to tell you're doing it until you crash.

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  9. Re:Lame headline? by Ihlosi · · Score: 5, Funny
    Why not "texting or driving" next time? "The last time I looked in a dictionary, "or" was no closer to "while" than "and".

    Hand in your geek card.

    if(employee.is_texting && employee.is_driving)
    {
    fire(employee);
    }

  10. Re:Maybe it's a start by Sebilrazen · · Score: 2, Insightful

    Don't forget the US is still a young country, we think 517 years ago history began. Nobody did anything before Christopher Columbus ended up in this hemisphere. So in response to your claims of childishness, all I have to say is: I know you are, but what am I?

    --
    "There are no facts, only interpretations." --Friedrich Nietzsche.
  11. Re:Maybe it's a start by Runaway1956 · · Score: 4, Insightful

    Dude - I voted for Obama. If Obama did EVERYTHING just like I want him to do, AND, he brought me breakfast in bed, did my laundry, fixed my car, and maintenanced my house, and gave me his salary for the privilege of serving me, I would STILL BITCH!! It's an American's right to bitch, even when everything is going better than right.

    Wait - you didn't go to boot camp, did you? You would have learned, "A bitching sailor is a happy sailor." No one worries about what the troops have to say, until they quit saying anything. When they quit bitching, THEN YOU NEED TO WORRY!

    --
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  12. Re:Insider's view by ShadowRangerRIT · · Score: 3, Informative

    They've done numerous studies that say you're wrong. Holding the phone is an additional distraction, but there is still a significant difference between talking on a cell (hands free or otherwise) and talking to a passenger. For one, your passenger can say "watch out!" if you lose focus and start to drift; your phone cannot. For another, people need to focus more on phone calls; the fidelity isn't as good on either end so they need to focus on hearing and being heard more than in an in person conversation. You know all those people who talk 20 decibels louder than normal on a cell, even though no recent cell phone benefits significantly from the additional volume? They've focused on the call (and being heard) so much that they forget to self-regulate. If they can't regulate the volume of their voice (a task related to the conversation), why do you think they'll be able to drive effectively?

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  13. But the UK should have banned hands-free too by Anonymous+Brave+Guy · · Score: 2, Informative

    It's illegal in the UK, and quite right too.

    Well, saying it's illegal is reasonable enough, but one could argue that it should be covered by general laws about driving without paying proper attention.

    The problem with making a specific law against using hand-held phones is that it led to a wave of advertising about how you should buy a hands-free kit to stay safe while you're driving. Some large advertising used literally those words.

    Unfortunately, statistically, using a hands-free kit is almost as dangerous as using a handheld kit, and the new law was used by advertisers to condone it.

    Final note to those who are about to reply and say that I'm wrong and you're much safer using a hands-free kit: please spare us. You are wrong, and the evidence is overwhelming. For a start, the same data that the British government used to justify the law banning handheld phones would support a ban on hands-free kit as well. Google is your friend. Please let's not have another ill-informed "I am a better driver than you" subthread. Thank you.

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    1. Re:But the UK should have banned hands-free too by TheRaven64 · · Score: 2, Insightful

      Unfortunately, statistically, using a hands-free kit is almost as dangerous as using a handheld kit, and the new law was used by advertisers to condone it.

      Do you have a citation for that? The study I saw showed that using a hands free kit had the same effect on your reaction time, which is not the same thing. Someone with one hand on their phone has a greater response time for anything that they need to do with that hand and someone holding the phone with their shoulder has reduced visibility (because they can't turn their head so much). Neither of these was addressed by the study.

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    2. Re:But the UK should have banned hands-free too by blueg3 · · Score: 2, Insightful

      Unfortunately, statistically, using a hands-free kit is almost as dangerous as using a handheld kit, and the new law was used by advertisers to condone it.

      The real question is, how do you send text messages with a hands-free kit?

  14. Re:Lame headline? by FlyingBishop · · Score: 3, Informative

    Um... Ok I'll bite... I think you have the symbols for "and" and "or" backwards

    But other than that, you are quite right.

  15. Re:Lame headline? by Anonymous Coward · · Score: 2, Informative

    "Texting and driving" is an analogy to "drinking and driving", which does not mean "drinking while driving" but driving under the influence of alcohol intoxication (which is long enough to justify the less precise expression "drinking and driving"). Barring federal workers from texting and driving can be interpreted as barring federal workers from texting and barring federal workers from driving. If the author had meant to express that federal workers are barred from texting while driving, why didn't he write that?

  16. Re:Maybe it's a start by mcgrew · · Score: 2, Insightful

    You can't ban stupidity, but you can ban stupid actions.

  17. Re:Lame headline? by Anonymous Coward · · Score: 5, Funny

    Unfortunately, there was a serious bug in this program. Due to namespace issues, fragile base class problems, etc, the call was mapped to Kiln::fire() rather than Employer::fire(). It is regrettable that this has resulted in a substantial loss of life. Appropriate steps have been taken to improve coding standards and developer training to ensure that this won't happen again.

  18. Re:Maybe it's a start by psm321 · · Score: 2, Informative

    This. The pundits like to say that public opinion of the president and congress is falling because they are pushing for these reforms. The fact is, it's falling because they _aren't_ pushing for the reforms that the people put them into power for, and in fact doing the exact opposite in some cases (Obama supporting extraordinary rendition, etc)

  19. Re:Maybe it's a start by torkus · · Score: 2, Insightful

    Apparently a 'driving-while-texting' is a forever thing. "...prohibited from getting a job as a school buss driver if they have been convicted..."

    Now, I understand it's not safe. And I fully agree that buss drivers, train conductors, etc. should not intentionally distract themselves for something trivial while working as it could endanger others. But why do we keep passing laws that perpetuate someone's status as a criminal? After the 'punishment', be it financial or penal, hasn't someone paid their 'debt to society' and been rehabilitated? Isn't the (claimed) point of laws and punishments to deter people from committing the crimes? I disagree with the perpetual sex-offender registration, but at least they're the result of a crime with an actual, identifiable victim. Of course, when offenders are forced to live in a tent city because they can't legally live anywhere else it's rather hard to imagine what motivation they have to follow the law.

    What's next, you get branded for speeding in a work zone? Non-removable tracking bracelet for being late to too many meetings? At the rate we're going *everyone* will be a criminal in perpetual rehabilitation before too long.

    --
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  20. over-specificity by Sloppy · · Score: 2, Interesting

    disqualify school bus drivers from receiving commercial driver's licenses if they have been convicted of texting while driving

    Why not just ban commercial license to people convicted of Careless Driving? What is so special about texting?

    This reminds me of the kind of bullshit, where convicted "sex offenders" after they get out of jail, have special tracking restrictions (must register, wear a GPS anklet, whatever) -- but murderers and thieves don't. You can look at such a policy as being pro-protect-thing-children-from-rapists (who could be against that?), but you can also look at it as pro-murder-and-theft.

    Uniform fairness washes this kind of bullshit. If you deny commercial licenses to texting drivers but still give licenses to people who drove while masterbating, watching TV, turning around to shout at the kids in the back seat, etc. then you're pro-driving-while-masterbating. Ok, not really but do you see the problem?

    Singling out texting-while-driving is as stupid as outlawing crack while still allowing people to drink Drain-O. There are so many ways to fuck up and you'll never enumerate them all, so just cover the general case, dammit. The most this kind of crap can do, is create loopholes: show me the order's definition of "texting" and I'll put on my rules-lawyer-D&D-player cap and show you a way to pervert it and get around it, while doing something horrifically unsafe.

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  21. Re:Maybe it's a start by cayenne8 · · Score: 2, Insightful
    While I applaud the moves to try to get rid of texting, and to a lesser extent, cell phone conversations while driving, I do have a couple of questions.

    This is on the federal level...exactly what power do they have over a state issuing drivers licenses to school bus drivers?

    Do interstate commercial drivers, have to get some kind of federal license in addition to their state license? If not, again, what the hell power does the Federal govt. have to 'regulate' who gets a license in a state? Isn't this still a state power?

    Oh sure, I know the Federal Govt. can do the usual to blackmail the states into submission by withholding federal monies, but, that's a different argument.

    My other question is...exactly what legal binding power is given to a Presidental Executive Order? I admit, I'm not a Constitutional scholar, and am really coming in late on the civics lessons, but, where in the constitution can this Executive Order by justified and what are its powers? I thought with my rudimentary knowledge, that ONLY congress could make laws, and the president could pretty much ONLY sign them or veto them?

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  22. Re:Maybe it's a start by pixelpusher220 · · Score: 2, Insightful

    Lots of precedent for EO's but not a really explicit definition of their force and justification.

    linky

    Basically the President is saying, if you work for the Federal Gov't you now have to abide by this rule. It's not a law, but then my employer telling me I can't wear jeans to work isn't a law either.

    --
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