[MissoulaGov] Fwd: Committee Update 3-11-09

Seth McClain smcclain at montana.com
Wed Mar 18 10:28:30 MDT 2009


David,

I think that this is a dangerous line to start walking.

This is not the way driving laws have been implemented in the past.

Let me generalize for a moment:

Driving without a seatbelt isn't legal, and wouldn't be a problem unless there
is an accident.

Driving recklessly isn't legal, and wouldn't be a problem unless there is an
accident.

Driving while under the influence isn't legal, and wouldn't be a problem
unless there is an accident.

Driving while distracted (on a cellphone) is legal (I think), and again
wouldn't be a problem unless there is an accident.

Existing laws make the activity that can cause a problem illegal so that there
is an illegal act in progress before the accident. This is not something
that I forsee changing. If we are going to discourage distracted driving, we
should use the same tack that we use to discourage reckless driving,
intoxicated driving, and driving without a seatbelt.

Seth McClain

On Tuesday 17 March 2009 21:16:14 hdgray at modwest.com wrote:

> Hi Bob,

>

> I do not really support a Ban on Cell phones while driving on the basis it

> creates a distraction for the driver. Having kids in the car is a much

> larger distraction for more people I would guess. Little teddy screaming

> his head off in the back seat not only makes the parent/driver want to

> turn around and not even face the road to deal with the issue but pull

> their hair out at the same time. Now that is a distraction.

>

> If the city is looking at implementing a fine for people that get into

> accidents because they were on the cell phones I could support. Those

> individuals would have proved that they cannot talk and drive at the same

> time and a ticket may help them remember that in the future. Convict the

> guilty and leave the innocent alone.

>

> Sincerely,

> David Gray

> Ward 6




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