Sharon Montgomery Reports On DWT

Sharon Montgomery writes:

No news at the statehouse: HB 99 is still below the line on the House calendar, in the list of bills recommended by their committees but not scheduled for a vote. SB 35 & SB154 have not been scheduled for hearings.


Today is the beginning of the National Safety Council's Safety Month. The theme for the week of June 26 is "On the Road, Off the Phone." This would be a good time for us to write letters to the editor of our papers and address our city councils alerting the public to this safety week and the reason for it, and maybe urging our local governments to conduct or step up education and enforcement actions, like the recently-concluded "Click it or Ticket" campaign.


Even the cities without specific texting laws are likely to have some sort of generic "inattention" law that could be made more effective with more education and enforcement. You can get some good talking points for the need for this focus at www.nsc.org/Pages/JuneisNationalSafetyMonth.aspx and of course can also use the reasons you personally are involved in this advocacy.


Council members and law enforcement personnel on this list: I hope we can count on you to try to make something happen in your city. Thanks.


I said in my last message I would share some other news when I got one other piece of information about it. I have that information now. Two court cases on DWT were pending at the time in which the prosecutor was trying to go beyond vehicular manslaughter to vehicular homicide. In one of them, news reports said the defense lawyer was apparently trying to discount the texting issue by saying the offender hadn't been texting at the actual moment of the crash. I sent that prosecutor the summaries of two studies showing that the distraction lasts after the "phone call" has ended. The mother of the victim in the other case asked me to send that research to their prosecutor, which I did.


That other case has now concluded and sadly--as I understand it--the prosecutor did not feel the judge would be influenced by that research so did not use it. To my knowledge, the first case I referred to above has not yet gone to trial.


I am deeply disturbed that we have missed a chance to make this point within the legal system. Judges, prosecutors, defense attorneys, and drivers desperately need to know of this residual distraction. If we are limited to appropriate charges & penalties for only those crashes where the offender was actually in the act of texting (e-mailing, phoning, etc.) at the moment of impact, far too many offenders will not be held sufficiently accountable for the harm they cause, *and* the deterring benefit of stiff penalties will be lost.

To end on a good note: I attended a day-long seminar for records managers recently. The topic was records management implications of electronic communications. One of the two speakers, who is a nationally-recognized expert and leader in this subject, said this subject cannot be separated from the use of mobile communication devices. One of her "best practices" topics is effective employer policies for acceptable employee use of e-communication tools. She devoted a fair amount of time to the dangers of using MCDs while driving and the need not only for employer policies against it but laws against it! She is in much demand as a speaker nation-wide and also is often hired as an expert witness in lawsuits involving employer liability. So, the word is getting spread in this way, also. And, we have another area of expertise to add to our list when we tell legislators of all the supporters of laws against this behavior. Needless to say, I spoke to her at the break, briefly gave her my background, and thanked her profusely.

Sharon Montgomery.

HELP UPGRADE THE ANTENNA OF BEXLEY PUBLIC RADIO. BE GENEROUS. SEND A DONATION.

Bexley Public Radio Foundation is exempt from federal taxes under IRC Section 501(c)(3). Donations are deductible from federal income taxes for individuals who itemize. Checks may identify the payee as Bexley Public Radio Foundation or WCRX-LP, 102.1 FM.

Bexley Public Radio Foundation broadcasting as
WCRX-LP, 102.1 FM, Local Power Radio
2700 E. Main St., Suite 208
Columbus, OH 43209
Voice (614) 235 2929
Fax (614) 235 3008
Email wcrxlp@yahoo.com
Blog http://agentofcurrency.blogspot.com

Design is copyright 2011. All rights reserved. Bexley Public Radio Foundation. Text is copyright 2011. All rights reserved. Sharon Montgomery.

Sharon Montgomery Reports: DWT Presentation to Gahanna City Council, September 7, 2010.

Gahanna city council and the city administration spent months discussing how to improve traffic safety in Gahanna, so I'm confident you all read the article in the Sunday Dispatch about the Centers for Disease Control report.

The Centers for Disease Control has again calculated the economic costs of traffic crashes and again found them to be both staggering and reduceable. This agency hopes the alarming costs will motivate state and local governments to take more legislative action, where motivation hasn't come from concern over the devastating impact on citizens' lives.

The CDC claims it wants the costs reduced by reducing the number of traffic crashes but some of its recommendations will not do that. Wearing seat belts in cars or helmets on motorcycles will certainly reduce injuries and deaths when crashes occur. Fewer deaths and less severe injuries are certainly goals we as a society must strive for. But, if we want to reduce the costs even further, we must do more to prevent those crashes from occurring in the first place.

Other CDC recommendations include red light cameras, drunk driving checkpoints, and graduated driver licensing, all of which actually will prevent crashes.

The reason I am here tonight to talk publicly about this new report is the fact that the CDC did not recommend laws to restrict drivers from using mobile communication devices while driving.

The CDC based this omission on a recent study by the Insurance Institute for Highway Safety which supposedly shows that these phoning or texting bans are not reducing the number of crashes. The simple and obvious explanation for this conclusion is that no state or city has prohibited all use of these devices. A growing number of states and cities are prohibiting some of the ways the devices can be used by drivers. Some, like Gahanna, have comprehensive laws about giving full attention to driving. But, let me repeat: no one has yet said drivers cannot use these devices at all because of the high risk of serious consequences.

What has not been studied and is undoubtedly happening is that too many drivers where these partial bans are in effect are simply using the devices in ways not yet prohibited. If they can't text, they'll talk. If they can't talk on a hand-held device, they'll talk on a hands-free device. There is overwhelming scientific and anecdotal evidence that it is the conversation, not the manipulation of the device, that engages the brain in a way and to an extent that full attention to driving is not occurring.

A legitimate question at this point is why are other safety organizations pushing for these laws if they're not reducing crashes. The answer is that the partial laws are a necessary first step in raising awareness and changing the culture of acceptance, so eventually we can enact the laws we need.

Please understand that I am not here tonight to reopen our difference of opinion on how Gahanna should address the distracted driving problem. The city has discussed and decided on a course of action and is making the residents aware of that decision. Over time, citation and crash statistics and court records will show whether the City's decision is having the desired effect.

I am here tonight to be sure that everyone with the authority and responsibility for traffic safety has all the information they need about this new CDC report. Thank you for your time.

Sharon Montgomery.

HELP UPGRADE THE ANTENNA OF BEXLEY PUBLIC RADIO. BE GENEROUS. SEND A DONATION.

Bexley Public Radio Foundation is exempt from federal taxes under IRC Section 501(c)(3). Donations are deductible from federal income taxes for individuals who itemize. Checks may identify the payee as Bexley Public Radio Foundation or WCRX-LP, 102.1 FM.

Bexley Public Radio Foundation broadcasting as
WCRX-LP, 102.1 FM, Local Power Radio
2700 E. Main St., Suite 208
Columbus, OH 43209
Voice (614) 235 2929
Fax (614) 235 3008
Email wcrxlp@yahoo.com
Blog http://agentofcurrency.blogspot.com

Design is copyright 2010. All rights reserved. Bexley Public Radio Foundation. Text is copyright 2010. All rights reserved. Sharon Montgomery.