Federal lawmakers are weighing in on the issue of DWT, "driving while texting." Legislation introduced this past Wednesday would condition federal highway funding on states outlawing texting while driving. Congress cannot constitutionally pass a federal law outlawing this behavior, nor can Congress formally compel that states pass a particular kind of law. Jurisdiction over health, safety, and general welfare issues are reserved to the states as part of their constitutional police power. The Constitution, however, does give Congress power to dispose of federal funds as it sees fit. This spending power provides Congress a practical means to strong-arm states into legislating in a particular way, even if it cannot technically require them to do so.
Such congressional influence is particularly strong in the area of traffic safety regulations because federal dollars account for large portion of funding for state highway projects. Generally, the federal to state funding ratio on such projects is 80:20. In other words, state highway projects absolutely rely on federal funding. Congress has conditioned highway funds in the past to nationalize safety measures like seatbelt laws and minimum drinking ages. Fourteen states have already outlawed texting while driving - Alaska, Arkansas, California, Colorado, Connecticut, Louisiana, Maryland, Minnesota, New Jersey, North Carolina, Tennessee, Utah, Virginia and Washington. The District of Columbia has done so as well. That means there remain up to 36 states could be impacted by the bill introduced on Wednesday.
The data and studies available on this subject certainly favor a ban on DWT. A study from the University of Utah indicated that texting could make a driver 8 times more likely to crash than a driver not texting. By comparison, a BAC of 0.08% makes a driver 4 times more likely to crash, as does talking on a cell phone.
Technology and the wealth of communication devices available today are certainly advantageous and convenient. However, like other modern conveniences, use of these devices must be responsible and smart. Ideally, laws that legislate what seems to be (or should be) common sense behavior would be unnecessary. Unfortunately, many see measures like speed limits, seatbelt requirements and DUI laws simply as rules rather than safety regulations. I am not naive enough to believe that DWT laws will stop all car operators from texting. Analogously, DUI laws have certainly not eradicated all drunk driving. Hopefully, though, a DWT law on the books might deter some from the activity or, at the very least, continue to heighten awareness of DWT as a safety issue. In any regard, I applaud the efforts in Congress to move toward a nationwide prohibition of DWT.
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