On its surface, a new bill from Republican state Rep. Kevin Corbin that has already gained bipartisan support is about the right thing.
The truth, we believe, is it’s unnecessary and already covered. Careless and reckless drivers violate the law, and we simply need law enforcement and prosecutors to do their job.
Corbin filed House Bill 144. It’s called “Hands Free NC” and comes in response to traffic fatalities caused by distracted driving. Republicans John Torbett of Gaston County, Jon Hardister of Guilford County and Democrat Garland Pierce of Scotland County join the Macon County representative in sponsorship.
Let’s be clear: We take an angry view at drivers who would put anyone’s life in danger by operating a cellphone while driving.
Looking down to scroll through the contacts to make a call, or even worse, to text — these are actions that are dangerous. Not only is the driver putting themselves and anyone else in the vehicle at risk, but those nearby are also in peril.
Most of the newer models are eliminating some of those actions. Phones can be synchronized and hands can remain free of the phone while calls are taken or made.
Texting while driving in North Carolina already has a law.
But like this latest proposal, we don’t find it necessary.
Careless and reckless driving is either a long-time law that means something or it doesn’t. Yes, technology has brought about new variables. But the statutes either need updating, up to including removal, or they’re just fine without another layer of legalese.
The American Automobile Association, which supports the bill, says in a news release, “Since texting while driving is difficult to prove, the Hands Free NC bill will give law enforcement the ability to stop drivers simply for holding their phone, whereas in the past they would have to have a secondary reason like speeding or not wearing a seat belt.”
Failure to pay attention to the road is careless and reckless. Arguably, it’s step one for driving.
But court officials will tell us that, for the most part, the statute for reckless driving says “carelessly and heedlessly in willful or wanton disregard of the rights or safety of others” and “without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property.”
Let that sink in while considering what happens while driving with a cellphone in hand.
They will further tell you that statute is a great add-on to a speeding ticket that brings in the risk of jail time; a simple speeding ticket alone will not. So actions like running a red light, a stop sign, passing illegally, failing to yield as required, tailgating, swerving aggressively and highway racing are deemed reckless.
Who among us doesn’t get tailgated on a regular basis? That’s unlawful.
So is driving carelessly and recklessly. And that’s what using a cellphone while driving is — careless and reckless.
There’s no need to wait for HB144. Turn on the blue lights now.