I believe that it is unlucky if the amount of texting going on is really not changing a great deal because of the prohibition. One thing I have heard, although I’m scared I cannot remember where, was that because of the new laws in place, a few of the people who continue to use their telephones could be attempting to do so more carefully. In consequence, instead of easily chatting or texting on the phone, which is distracting enough, they are now also trying to make sure no one sees them doing so.

Texting bans enhance crash rates. That headline has screamed from the pages of newspapers and websites. The headline reflects the findings from a newly released Insurance Institute report. They haven’t reduced crashes.” Somebody noted that the legislation might increase crashes. So the headlines precisely reflect the statements. But is this the facts of the situation?

I found and read the Institute’s report. The Institute looked at crash rates before and after texting bans went into effect in 4 states. They found statistical evidence of an increase in crash rates in 3 of the 4 states following the ban. So the Institute is correct to note that the bans have been ineffective if the goal is to decrease crash rates. This is the same group that last year looked at accident rates following bans of using hand-held telephones and found no decrease in crash rates.

Since I’ve been, and continue to be, a strong advocate regarding bans of all cell phone uses while driving, I find the work somewhat disconcerting. There is plenty of research by a lot of investigators showing that people miss things when using a cell phone. In particular, in a 2005 report the same Insurance Institute reported a 4 times greater increase in injury crashes when people are using cell telephones. How do we reconcile these differences?

First is to look at the obvious thing: what were the causes of the accidents? The Institute doesn’t report that. They didn’t even check. So we don’t know if texting crashes increased or decreased during the period of time following the ban.

Second, did the ban have any effect of texting while driving rates. I live in Washington, one of the states studied. I am sad to say that in my state, I have not noticed any decrease in cell phone use while driving in the last few years, in spite of changes in our laws. In one summary, the Institute reported that the texting while driving rates were not lower in states with texting bans. Until there is effective enforcement of the laws, then the laws won’t have an effect. The Washington State Highway Patrol has started an enforcement campaign and I’ve heard from California officials that are starting a distracted driving campaign. I hope these work.

Third, are people changing to the cell phone uses that are still legal? In my state, like many others, texting and hand-held telephones are illegal to use while driving. It is still legal to use a hands-free phone, even though those are no better! With respect to cell phone conversations, it isn’t what your hands are doing, it’s what your head is doing. So if people are simply switching from one cell phone use to a different one, then I expect no improvement. If anything, things may get worse if people erroneously believe that hands-free telephones are problem-free and increase their cell phone use while driving.

So I feel heartbreaking that texting bans did not reduce crash rates. Given the limits of the investigation design, the limited degree of enforcement, and the implications of safe types of cell phone use, I’m not astonished by the findings. The actual problem is not whether cell phone use causes incidents - which is obvious. Cell telephones are particularly egregious types of driver distraction. The true problem is what has to be done to reduce cell phone use during driving. Obviously, passing laws is not enough.

As a motorcycle commuter who carefully watches cars and drivers (I try to make eye contact to recognize they’ve seen me), I see no proof that people are hiding cell phone use in WA state. I think the Institute was blowing some inappropriate smoke on that idea, but more actual data would allow us to know. I continue to witness drivers texting and even drivers talking with the phone on their hands. I have to confess that I can see lots of people drinking, eating and even making-up. In order word, paying attention to the road is left to the unconsciousness.