On Jan 19, 2011 I wrote:
The problem of enforcement was apparent before the first law banning texting was ever issued. If lawmakers insist upon treating the cell phone as the source of all evil instead of emphasizing the responsibility of the individual to control the vehicle they are driving, we can look forward to a whole new set of problems.
Current law that protects our few remaining rights will have to be retooled to accommodate more intrusive means to enforce bans on texting or cell phone usage. There are a number of ways they could go about it but the short answer is that in order for officers to be able to effectively enforce a texting ban there must be a way to either
A. Control when and where you use your cell phone.
B. Be able to gain access to your cell phone data or phone records in a way that is fast and efficient
Sonny Signs on
Georgia Gov. Sonny Perdue initially threatened to veto the texting ban, largely due to enforceability issues. “I’ve got some concerns over the enforceability of that,” Perdue said at a news conference…. link
When he signed the texting legislation, Governor Sonny Purdue said he was concerned with some parts of the bill, but agreed to sign with the assurance that legislators would address his concerns in legislation next year. link
A Tougher Ban on Texting While Driving
Jan 20, 2011
Enforcement of a texting ban requires officers to observe an act that usually is conducted in a driver’s lap. And hands free devices make it possible to talk on cell phones without being observed.
So laws against texting and talking on handheld cell phones are difficult to enforce, but that doesn’t mean the state should give up the effort.
New technology in the fight against cell phone use among drivers is becoming available. “The main reason people talk on their cell phones is because they can,” said Chuck Hurley, executive director of Mothers Against Drunk Driving, who attended the safety council’s news conference. “Eventually, (signal blocking) technology will block that,” he said.
Another rarely used tool available to police who investigate crashes is a subpoena to get cell phone records. That “has got to be a standard procedure,” said Jennifer Smith, president of a new group known as FocusDriven that has formed to combat driver cell phone use. (emphasis mine)