In 2010, there were over 3,000 roadway fatalities involving distracted drivers. Due to a growing concern over the amount of roadway fatalities caused by distracted driving, the National Transportation and Safety Board (NTSB) recently issued a recommendation to state governments advising state governments that they ban the use of hands-free mobile devices while driving. The recommendation, if adopted, would outlaw non-emergency phone calls and texting by operators of every vehicle on the road. However, the NTSB recommendation does not affect passenger’s rights to use mobile devices. The NTSB released a fact sheet regarding distraction-related accidents that accompanied the recommendation to ban hands free-devices while driving. The fact sheet notes that drivers using cell phones look, but fail to see, up to 50 percent of the information in their driving environment. Additionally, the fact sheet notes that a recent study conducted by the Virginia Tech Transportation Institute found that a safety-critical event is 163 times more likely if a driver is texting, e-mailing, or accessing the Internet.

Though the NTSB recommendation does not have the force of law, the NTSB’s recommendations are influential. Since the release of the NTSB’s recommendation that the use of hands-free mobile devices be banned while driving, at least two cities have proposed banning the use of hands-free devices. However, even if legislation banning the use of hands-free mobile devices passes in these cities, the difficulties of enforcing such a ban may prove to be difficult. For instance, the question remains, how do you keep people from talking on their mobile devices, and how does one know if a driver is talking to their mobile device as opposed to another passenger or just singing along to music? Regardless of whether additional cities and states choose to adopt legislation banning the use of hands-free mobile devices while driving, it is important for drivers to be aware of the dangers associated from the use of mobile devices while driving and to minimize these distractions while driving on the roadway.

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