Cell Phone Use While Driving

Transcription

1 Cell Phone Use While Driving A Safety and Effectiveness Analysis of Cell Phone Use While Driving in the United States Caitlin Tedesco MPP Candidate, 2014 Policy Memorandum Institute for Public Policy Studies University of Denver May 2014

2 Table of Contents EXECUTIVE SUMMARY INTRODUCTION PROBLEM DEFINITION THE HISTORY OF THE CELL PHONE CELL PHONE USE WHILE DRIVING COMPARISON TO DRIVING UNDER THE INFLUENCE TYPES OF DISTRACTIONS NEW YORK VS. COLORADO METHODS PROPOSED SOLUTIONS ISSUE ANALYSIS COST- BENEFIT FRAMEWORK CBA MATRIX AND RESULTS SENSITIVITY ANALYSIS A: IMPACT IF NUMBER OF PEOPLE PLEDGE TO NOT USE CELL PHONE WHILE DRIVING DIFFERS SENSITIVITY ANALYSIS B: INCREASE IN COST OF ADMINISTRATION LIMITATIONS AND WEAKNESSES INCREASED EDUCATION EFFORTS ADDITIONAL NOTES ON IMPLEMENTATION APPENDIX A: GRAPHS & FIGURES APPENDIX B: LIST OF TERMS AND DEFINITIONS WORKS CITED Page 2

3 Executive Summary Efforts to increase overall roadway safety continue to increase as the number of motor vehicle injuries and fatalities due to car crashes continue to rise. Historically, state governments have taken the lead to enact policies in order to address roadway dangers within state boundaries despite these dangers being a nationwide problem. Cell phones are quickly becoming the most dangerous form of distraction while driving and as cell phone ownership and use continue to increase, this roadway danger will only continue to rise unless there are meaningful and effective policies to deter their use while behind the wheel. Cell phone use while driving is a form of distracted driving that is shown to be more dangerous than other forms of distraction that a driver can engage in behind the wheel and it is an action that is in fact comparable to the dangers of driving while under the influence of alcohol or driving with a blood alcohol content of at least a.08 level. There are many benefits from decreasing the number of drivers who choose to use their cell phone while driving, such as safer roadways, a decrease in the number of motor vehicle crash fatalities and injuries and a reduction in costs to society for every life lost. Despite the economic and safety benefits, there are costs associated with improving roadway safety. Any policy addressing cell phone use while driving must take into consideration and provide a balance between the promised benefits of policy action and the costs associated with implementation. This memorandum finds that education efforts that warn drivers of the dangers cell phone use while driving pose is the best policy effort to reduce the number of drivers engaging in this particular behavior. This policy option minimizes the cost burdens placed on society while saving the most lives or preventing the most number of deaths caused by cell phone use while driving. Though implementing such a policy may prove little challenges, education efforts alone may not be enough to maximize the social and economic benefits and to solve this specific threat to roadway safety. Page 3

4 Introduction As of today, there are currently zero states in the United States that ban all types of cell phone use, meaning a driver can use their cell phone in some form. However, every type of cell phone use is becoming problematic when a cell phone user chooses to engage in a conversation, text, surf the web, check their , and so much more while operating a motor vehicle. As of May 2013, 91 percent of American adults own some type of a cell phone (Brenner, 2013). Coupled with the fact that 95 percent of American households own a car and 85 percent of Americans commute to work by car Monday through Friday, it is no wonder that government and legislative bodies are focusing on enacting laws that aim to restrict cell phone use while driving in an effort to improve roadway safety (Chase, 2013). Despite previous legislative actions across the United States by state governments to prohibit specific cell phone related activities while driving and other efforts to warn the general public about the risk cell phone use pose to not only the driver but to their passengers and the entire community, cell phone related car accidents and fatalities continues to increase. Only twelve states, the District of Columbia, Puerto Rico, Guam and the U.S. Virgin Islands prohibit every driver from texting while driving and every driver from using a hand- held cell phone while driving. If a driver in one of these states or territories wishes to use their cell phone, they must have a hands- free system, such as a Bluetooth, while talking on the phone. Thirty- seven states and D.C. ban all cell phone use by novice drivers, defined as a driver in their first year of driving solo, and forty- one states including D.C. prohibit texting while driving for every driver. Not a single state in the United States completely bans all cell phone use for drivers and this is surprising. It is surprising because in 2010, the National Safety Council announced that at least 28 percent of all traffic crashes or at least 1.6 million crashes each year involve a driver using their cell phone (National Safety Council, 2010). Other reports also show that cell phone use while driving is comparable in multiple aspects to driving while under the influence of alcohol. In one such Page 4

5 study, the data indicates that texting while driving increases a driver s crash risk twenty- three times, which is similar to the risk of a crash when a driver has a blood alcohol level of 0.19 (Gregg, 2013). This analysis will take a look at the evolution of the cell phone, the data comparisons between driving while using a cell phone and driving while under the influence as well as a comparison between Colorado s cell phone regulations to New York s cell phone bans laws. This analysis will show how vastly states differ on cell phone laws and that what is currently being done is not only not enough but the lack of uniformity, severity and collaboration among states is not working to reduce the risks cell phone use while driving pose to the driver, passengers and the community. It is important to look at the evolution of the cell phone and its capabilities because a cell phone s functions make it possible for a driver to do so much more while behind the wheel of a car. Without features like texting and internet browsing, there would not be the heightened risk of an accident or fatality while driving. It is also important to look at the different classifications of distracted driving, such as eating while driving, listening to music, and talking to a passenger(s) in the vehicle and how cell phone use while driving is different, more dangerous and warrants more attention. Use of cell phones occurs throughout the United States and the problem with cell phone use behind the wheel is the same regardless of which state is being examined. However, and unlike driving while intoxicated laws, cell phone use while driving laws vary greatly from state to state and there has not been any notable efforts among states to collaborate in regards to establishing more uniform laws. New York and Colorado are examined in this analysis in order to shed light on how vastly cell phone laws can differ from state to state. New York has one of the toughest laws in the nation to address the dangers cell phone use while behind the wheel poses. Unlike New York, Colorado still has one of the weakest laws to address the dangers of cell phone use while driving. The Colorado State Legislature banned texting while driving for adult drivers during the 2009 legislative session as well as banned all cell phone activity for minor Page 5

6 drivers. In March of Colorado s 2014 legislative session, a proposal to require hands- free devices for all cell phone use while behind the wheel was defeated in Colorado s House Transportation and Energy Committee because the bill did not go far enough to address the dangers of cell phone use while driving. Since the bill failed to pass out of committee, it is for this reason why it is not examined in the paper and Colorado law addressing cell phone use while driving remains unaltered since Cell phone use while driving also produces negative externalities because the driver is not held accountable for the full dangers or costs that cell phone use while driving produces. The cost of using a cell phone while driving is of greater cost to society than it is to the driver. Drivers are making a decision based on where their marginal cost equals their marginal benefit, and since they are not taking into account the cost of the negative externality being produced by their actions, this results in a market inefficiency. This also means that the socially optimal quantity of texts, cell phone calls, and other cell phone activities being performed by the driver is smaller than the socially acceptable market quantity because the dangers to the driver are much greater than what is socially acceptable. In order to correct this failure, consumer surplus and producer surplus needs to be reduced to the socially optimal level. Also, cell phone use while driving produces dead weight loss to society and in order to shrink the dead weight loss that is experienced, a shift of the marginal private cost is necessary in order to reach the socially optimal level. The examination and analysis of cell phone while driving reports quantify the problem. The number of fatal and injury car crashes per year that are due to cell phone use while driving indicates how big of a problem cell phone use while driving is and also shows whether there is any increase or decrease in the number of cell phone related fatalities and accidents that occur over time as a result of regulation efforts. An explanation of any increase, decrease or absence of change in the number of cell phone related accidents and fatalities per year are also given. Also, this report examines any federal, state or Page 6

7 local laws and educational efforts already in place that aim to reduce cell phone use while driving in order to determine if they have an impact and determine whether or not these efforts lead to an increase, decrease, or no change in the number of fatalities or injury car crashes per year. It is also necessary to look at different types of distracted driving and the frequency in which each action results in a car accident or fatality. This will be important for comparison reasons and to show that cell phone use while driving is more dangerous and therefore warrants more attention. Another way to quantify the problem so that it is more easily understood is to examine the comparisons between cell phone use while driving research to driving while under the influence data and results. The research shows that the level of impairment of cell phone use while driving is comparable to the impairment level of drinking while driving. Establishing an impairment level for both allows comparison of laws in order to determine which activity warrants stricter laws and whether or not the laws are adequate enough for the level of impairment each activity produces. Quantifying the data also shows the relationship between the two forms of distraction and impairment driving. Driving requires a person s eyes, hands, feet and brain to operate a motor vehicle. Like driving while under the influence, cell phone use while driving has negative effects on a driver s physical and mental skills that are necessary to operate a motor vehicle. Alcohol and distracted driving are both shown to slow reflexes, which decrease the ability to react swiftly to changing situations, slow eye muscle function, alter eye movement, and alter visual perception. Both activities also decrease the ability to judge the car's position on the road, or the location of other vehicles, causes attention to driving to decrease and/or drowsiness to occur, and reduces eye/hand/foot coordination. The positive comparison between cell phone use while driving and driving while under the influence of alcohol allows for comparison of laws (National Institute on Alcohol Abuse and Alcoholism, 2004). Page 7

8 Problem Definition Cell phone related car accidents and fatalities continues to increase despite legislative action by the state governments that prohibit specific cell phone related activities while driving and despite educational efforts to warn the general public about the risk cell phone use pose to not only the driver but its passengers and the entire community. Due to the similarities of risk between cell phone use while driving and driving while under the influence of alcohol, a demand to regulate cell phone use while behind the wheel in order to decrease the number of accidents and fatalities is not being met. The History of the Cell Phone It was in 1946 when the first commercial mobile phone call was made and by 1948, wireless telephone service was available in about 100 cities and highway corridors. Since then, the technology and the number of cell phone users have only continued to grow and expand. With the introduction of the internet in 1969 and the concept of a small handheld camera, the capabilities of cell phones are now endless. The first cell phone went from costing roughly $3,900 dollars, measuring about 10 to 11 inches in height, about 1 1/2 inches in width, and weighing about 2 1/2 pounds to costing anywhere on average from mid $50s to $800 dollars and weighing mere ounces. Not only has the size and cost to purchase a cell phone changed dramatically but so has the number of cell phone owners and subscribers. Prior to the 1990s, there were only roughly one million cell phone users and subscribers in the world (Anjarwalla, 2010). According to a survey conducted between April 17, 2013 and May 19, 2013 of 2,252 adults, 91 percent of adults now own a cell phone and 65 percent of those adults own a smart phone (Rainie, 2013). Cell phones are also equipped with an unlimited amount of features and capabilities that have not only made them more useful but more distracting. Applications or what is better known as Apps are now available to help users watch movies, choose restaurants, do online banking, make appointments, trade stocks, make purchases, navigate directions, read barcodes and performs millions Page 8

9 of other everyday tasks. Today, 81% of cell phone owners send or receive text messages; 60% of cell phone owners access the internet; 52% send or receive ; 50% download apps; 49% get directions, recommendations, or other location- based information; 48% listen to music; 21% participate in a video call or video chat; (and) 8% check in or share their location (Duggan, 2013). Cell Phone Use While Driving Comparison to Driving Under the Influence DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) are both defined as driving while under the influence of drugs or alcohol. In all 50 states, the legal limit for drunk driving is a blood alcohol concentration (BAC) of.08. To put this in perspective, a 120- pound female can reach this level of intoxication after only two drinks, and a 180- pound male can be at.08 after only four drinks. These numbers, however, are only an average because alcohol affects every person differently. One drink may be enough to push some people over the legal limit while it may take a person several drinks to feel any affect. A drink is considered to be either one 1.5- ounce shot of hard liquor, one 12- ounce glass of beer, or one 5- ounce glass of wine (University of Colorado Police Department & Emergency Management, 2010). Additionally, and for the purpose of comparison, at a.08 BAC level, drivers are eleven times more likely to be involved in a car accident than drivers with no alcohol in their system. When comparing driving while under the influence to cell phone use while driving, the research by the University of Colorado Police Department and Emergency Management suggests that cell phone use is more dangerous than driving while intoxicated. While an impaired driver is eleven times more likely to be involved in a car accident, a driver that is texting or talking on the phone while driving is twenty- three times as likely to be involved in a car accident. Like driving while under the influence, cell phone use while driving also puts the driver, its passengers, other vehicles, and pedestrians at risk of injury or death but unlike drunk drivers, drivers using their cell phone while operating a vehicle do not face Page 9

10 similar penalties for violating the law. A DUI offender faces increased penalties and fines compared to that of a diver found to be using their cell phone while driving. In Colorado a driver found to be texting while driving faces a fine of $50- $100 dollars depending on if it is their first or second offense and insurance costs are unlikely to increase due to the nature of law. On the contrary, a person convicted of a DUI in Colorado will experience an annual insurance increase of about: $3,000; pay about $650 for mandatory DUI classes; is subject to $685 towing and storage fees; about $4,000 for fines and attorney fees; and a $100 DMV reinstatement fee for an estimated minimum total of $8,435 dollars (University of Colorado Police Department & Emergency Management, 2010). The national average for a DUI is estimated at $10,000 dollars and is commonly referred to as the $10,000 ride home (Solomon, 2011). David L. Strayer, Frank A. Drews and Dennis D. Crouch at the University of Utah conducted a study in 2006 in order to highlight the similarities between cell phone use while driving and driving while intoxicated. The study s 40 participants were asked to drive a PatrolSim simulator four different times in order to measure six performance variables that determine how participants react to the vehicle breaking in front of them. To achieve the baseline for the study, the participant operates the simulator undistracted. The following simulations included the participant using a handheld cell phone, using a hands- free cell phone and then finally driving the simulator while intoxicated to the 0.08 percent blood- alcohol level after drinking vodka and orange juice. In order to determine the level of distraction, reaction times and impact of impairment, participants followed a simulated pace car that braked intermittently. Brake- onset time is the time interval between the onset of the pace car s brake lights and the onset of the participant s braking response (expressed in milliseconds). Braking force is the maximum force that the participant applied to the brake pedal in response to the braking pace car (expressed as a percentage of maximum). Speed is the average driving speed of the participant s vehicle (expressed in miles per hour). Following distance is the distance between the pace car and the participant s car (expressed in meters). Half- recovery time is the time for participants to recover 50% of Page 10

11 the speed that was lost during braking (expressed in seconds) (Strayer, Drews, and Crouch, 2006). The table shows the total number of collisions in each phase of the study. Strayer, Drews and Crouch use Multivariate Analysis of Variance (MANOVA) followed by planned contrasts in order to provide an overall assessment of driver performance in each of the experimental conditions. TABLE 1: Alcohol Baseline Cell Phone Total Accidents Brake Onset Time (msec) 888 (51) 943 (58) 1022 (61) Braking Force (%of maximum) 69.6 (3.6) 56.4 (2.5) 55.2 (2.9) Speed (MPH) 52.8 (.08) 54.9 (.08) 53.2 (.07) Following Distance (meters) 26.5 (1.7) 27.3 (1.3) 28.5 (1.6) ½ Recovery Time (sec) 5.4 (0.3) 5.4 (0.3) 6.2 (0.4) *Means and standard errors (in parentheses) for the Alcohol, Baseline, and Cell- Phone conditions. Standard error is a measure of the statistical accuracy of the estimate. The MANOVA indicates that both cell phone and alcohol conditions differed significantly from the baseline as well as from each other. The findings above show that when drivers were talking on a cell phone, either hands- free or handheld, they were involved in more rear- end collisions and their initial reaction to vehicles braking in front of them was slowed by 8.4 percent, relative to baseline. Also, it takes drivers who are talking on the cell phone 14.8 percent longer to recover lost speed during breaking compared to baseline drivers (Strayer, Drews, and Crouch, 2006). On the other hand, when participants were legally intoxicated, neither accident rates, nor reaction time to vehicles braking in front of the participant, nor recovery of lost speed following braking differed significantly from baseline. Overall, drivers in the alcohol condition exhibited a more aggressive driving style. They followed 3.0% closer to the pace vehicle and braked with 23.4% more force than in baseline conditions. Most importantly, our study found that accident rates in the alcohol condition did not differ from baseline; Page 11

12 however, the increase in hard braking that we observed is likely to be predictive of increased accident rates in the long run (Lee et al., 2002). Strayer, Drews and Crouch also conclude that handheld and hands- free cell phones impaired driving produced no significant difference in the degree of impairment; both were found to be equally dangerous. This unexpected finding calls into question many state laws that prohibit handheld cell phone activities in favor of laws that approve and encourage hands- free cell phone options. The researchers conclude that these types of legislative initiatives are unlikely to eliminate the problems associated with cell phone use while driving (Strayer, D. L., Drews, F. A., & Crouch, D. J, 2006). The study also found that drivers who talked on either handheld or hands- free cell phones drove slightly slower, were 9 percent slower to hit the brakes, displayed 24 percent more variation in following distance as their attention switched between driving and conversing, were 19 percent slower to resume normal speed after braking and were more likely to crash. Three study participants rear- ended the pace car. All were talking on cell phones. None were drunk. Drivers drunk at the 0.08 percent blood- alcohol level drove a bit more slowly than both undistracted drivers and drivers using cell phones, yet more aggressively. They followed the pace car more closely, were twice as likely to brake only four seconds before a collision would have occurred, and hit their brakes with 23 percent more force (Strayer, D. L., Drews, F. A., & Crouch, D. J., 2006). What is most surprising to the researchers during this study is the lack of accidents among the study s drunken drivers. While three participants crashed while using a cell phone while driving, none of the intoxicated participants crashed during the simulation. Page 12

13 FIGURE 1: Figure 1 presents the braking profiles. In the baseline condition, participants began braking within 1 second of pace deceleration. Similar braking profiles were obtained for both the cell phone and alcohol conditions. However, compared to baseline when participants were legally intoxicated they tended to brake with greater force, whereas participant s reactions were slower when they were conversing on a cell phone. Source: (Strayer, Drews and Crouch, FIGURE 2: Figure 2 presents the driving speed profiles. In the baseline condition participants began decelerating within 1 second of the onset of the pace car s brake lights; reaching minimum speed 2 seconds after the pace car began decelerate, whereupon participants began gradual return to pre- braking driving speed. When participants were legally intoxicated, they drove slower, but the shape of the speed profile did not differ from baseline. By contrast, when participants were conversing on a cell phone it took them longer to recover their speed following brake. Source: (Strayer, Drews and Crouch, 2006). Page 13

14 FIGURE 3: Figure 3 presents the following distance profiles. In the baseline condition, participants followed approximately 28.5 meters behind the pace car and as the pace care decelerated, the following distance decreased, reaching nadir approximately 2 seconds after the onset of the pace car s brake lights. When participants were legally intoxicated, they followed closer to the pace car, whereas participants increased their following distance when they were conversing on a cell phone. Source: (Strayer, Drews and Crouch, 2006) Another study by Associate Professor of Pharmacy Practice Eric Ip from Touro University in Vallejo found that cell phone use while driving causes driver impairment. The preliminary results were released in Led by Ip, a team of Touro students and doctoral students used the same kinds of tests police officers give to suspected drunk drivers - - the standardized field sobriety test. In the test, two groups were assembled to try to show the effect of hands- free cell phones on driving functions, particularly reaction time in the need to brake, swerve or avoid hitting something (Rohrs, 2013). What makes this test very valuable for the comparison purposes between cell phone use while driving and driving while intoxicated is that the research team used the same kinds of tests law enforcement use on possible drunk drivers. These DUI tests were able to compare reactions of those talking on hands- free devices to those not talking on a cell phone at all. Page 14

15 Nearly 80 people participated. In one group, some wore a "Bluetooth," a common hands- free cell phone device, but did not talk. Those in the second group also wore Bluetooths and were talking with someone on the other end. While either talking on the devices or not talking on them, participants were asked to perform three components on the sobriety test - - horizontal gaze test, walk and turn and the one leg stand (Rohrs, 2013) percent of those talking on the hands- free devices failed the tests. This group displayed slowed reaction time in braking when compared to the others. Further research is needed since these are preliminary results. The College of Pharmacy plans to perform a study similar to that of Strayer, Drews and Crouch by using a driver simulator to do more specialized tests and comparison between those using hands- free devices and those talking on the phone without such devices (Rohrs, 2013). When comparing DUI and cell phone use while driving statistics, alcohol impaired accidents and fatalities statistics are currently higher but the number of fatalities and accidents caused by a drunk driver continues to decrease. On the other hand, the number of cell phone use while driving accidents and fatalities are increasing as the number of people using their cell phones while driving continues to rise. Alcohol- impaired driving fatalities accounted for 31 percent of the total vehicle traffic fatalities in 2010 and over 1.4 million drivers were arrested for driving while intoxicated or under the influence of narcotics. Between 1991 and 2011, the rate of drunk driving fatalities per 100,000 population has decreased 49 percent nationally. In 2011, the National Highway Traffic Safety Administration estimated that 9,878 people were killed in drunk driving crashes involving a driver with an illegal.08 BAC or greater (The Century Council, 2013). Page 15

16 FIGURE 4: Source: The Century Council. Drunk Driving Statistics: Drunk Driving Fatality Rates Web. driving/drunk- driving- statistics FIGURE 5: Source: The Century Council. Drunk Driving Statistics: Drunk Driving Fatalities Web. driving/drunk- driving- statistics Page 16

17 TABLE 2: DRIVER DISTRACTION YEAR Overall Distracted Crashes Drivers Fatalities Crashes Drivers Fatalities ,444 58,395 42,836 4,409 (11%) 4,672 (8%) 4,978 (12%) ,252 59,220 43,510 4,117 (10%) 4,309 (7%) 4,572 (11%) ,648 57,846 42,708 5,323 (14%) 5,536 (10%) 5,917 (14%) ,435 56,019 41,259 5,398 (14%) 5,623 (10%) 5,988 (15%) ,017 50,186 37,261 5,331 (16%) 5,501 (11%) 5,870 (16%) Source: National Highway Traffic Safety Administration. An Examination of Driver Distraction as Recorded in NHTSA Databases. September Web. nrd.nhtsa.dot.gov/pubs/ pdf In terms of cell phone use while driving, it is estimated that eleven percent of vehicles or one in ten drivers during daylight hours has a driver using their phone. The number of drivers distracted at the time of a fatal crash continues to increase as cell phone ownership becomes widespread. Fatal car crashes increased from eight percent in 2004 to eleven percent in 2008, which is a 37.5 percent increase over a four- year period. A total of 5,870 people were killed in 2008 and an estimated 515,000 people were injured due to distracted driving according to the National Highway Traffic Safety Administration (National Highway Traffic Safety Administration, 2009). A 2010 study by The National Safety Council shows that this number continues to rise despite increases in efforts to deter this type of behavior. In 2010, cell phone use while driving accounted for about 25 percent of all car accidents. This amounts to not only a percent increase over a three year period but also means that there are approximately 1.4 million car accidents per year due to cell phone use. Texting is even more deadly than what is detailed above. Reading and/or responding to a text message takes away a driver s attention for approximately five seconds, which is enough time for a moving vehicle to travel the length of a football field. Studies found that texting while driving causes a 400 percent increase in the amount of time spent with eyes off the road. Texting while driving is responsible for an additional minimum 3 percent of Page 17

18 crashes or 200,000 crashes per year. Meaning, texting alone raises the number cell phone related car accidents to 28 percent of all car accidents (National Safety Council, 2010). A 2012 National Survey on Distracted Driving Attitudes and Behavior found that 48 percent of drivers admit to answering their cell phones while driving and 14 percent of drivers surveyed admit to reading text message or s while driving. Despite these admissions of risky behavior, as of 2011, 94 percent of drivers support bans on texting while driving and 74 percent of drivers support bans on hand- held cell phone use (Governor s Highway Safety Association, 2011). Types of Distractions There are many types of distractions a driver faces while operating a motor vehicle. Distractions include but are not limited to: Eating and drinking; Talking to passengers; Grooming; Reading, including maps; Using a navigation system; Watching a video; Adjusting a radio, CD player, or MP3 player; A survey by Road Charity Brake and Insurance company Direct Line found that three out of five drivers on the road admit to eating while behind the wheel in the past year. Of those who admitted to eating while behind the wheel, two percent acknowledge being distracted while doing so. The survey also revealed five per cent of drivers have shaved, combed their hair or applied make- up while on the road. 15 percent admitted to having carried out personal grooming when their vehicle was stationary (Hyusman, 2014). A study conducted by the University of Leeds found that the reaction time of drivers who were eating while their car was in motion had a 44% slower reaction time than usual. Drivers drinking a non- alcoholic beverage while driving had a 22% slower reaction time and were 18% more Page 18

19 likely to demonstrate poor lane control (Ward, 2012). While there seems to be an endless amount of research, reports and studies to determine the cognitive affects cell phone use and alcohol produce, comparable studies were not found in regards to other forms of driver distraction. However, insurance companies and roadway safety organizations alike claim that other forms of distraction involve some combination of visual, manual and cognitive attention from the driver as well but there currently lacks adequate research and data to provide a definitive answer as to which behavior is riskier (NHTSA, 2009). Despite other forms of distraction, the National Safety Council identifies cell phone use while driving as the number one distraction behind the wheel. What sets cell phone use while driving apart from the above mentioned list is that talking on the phone or text messaging requires visual, manual, and cognitive attention from the driver as well as auditory when talking on the cell phone. Visual distraction is defined as looking at something other than the road; auditory is hearing or listening to something not related to driving; manual distraction involves manipulating something other than the wheel, pedals or gears; and cognitive is the process of thinking about something other than driving. Drivers talking on cell phones miss half of the information in their driving environment. Drivers using cell phones not only display slower reaction times and have difficulty staying in their lane. But also are less likely to see high and low relevant objects, visual cues, exits, red lights and stop signs (National Safety Council, 2012). Like cell phone use while driving, driving while intoxicated impacts cognitive functioning. Alcohol is classified as a depressant because it slows down the functions of the central nervous system. Alcohol is absorbed into the bloodstream where it travels directly to the brain, where it then causes normal brain functions to be delayed and preventing a person from functioning normally. Alcohol affects a person s information- processing skills, also known as cognitive skills, and hand- eye coordination, also referred to as psychomotor skills. Consuming alcohol prior to driving greatly increases the risk of car accidents, highway injuries, and vehicular deaths (Xavier, 2013). A study conducted by P. L. Zandor, S. A. Krawchuk Page 19

20 and R.B. Voas in 2000 estimated the risk of an accident when driving with a specific blood alcohol concentration. For drivers 21 to 34 years old who has blood alcohol concentrations between 0.05% and 0.79%, the odds ratio of a car accident is estimated to be In the same age range and at blood alcohol concentrations between 0.08% and 0.99%, the odds ratio is estimated to be 6.25 (Zandor, et al., 2000). By comparison, a study conducted by Strayer, Drews and Crouch estimated odds ratio of an accident for cell phone drivers to be This is a relative risk similar to the estimates obtained from the other study s results listed above for drivers with a blood alcohol level of 0.08% (Strayer, D. L., Drews, F. A., & Crouch, D. J., 2006). New York vs. Colorado According to the Governors Highway Safety Association s December 2013 data, the United States currently has twelve states that prohibit all drivers from using hand- held cell phones, meaning it is illegal for a driver to use any of a cell phone s capabilities without the use of a hands- free system. The remaining thirty- eight states have varying laws that prohibit certain cell phone actions and allow others. Although cell phone use while driving laws are on the rise across the United States, laws and penalties for breaking the law as well as law enforcement capabilities vary from state to state. For example, New York has a primary enforcement law that allows law enforcement to cite a driver solely for using their phone while driving without any other traffic offense needing to take place to pull over and cite a driver for using their cell phone while driving. On the other end of the spectrum, Colorado has a secondary enforcement law, meaning that a police officer cannot pullover and cite a driver for simply using their cell phone while behind the wheel. So, even though texting while driving is illegal for all drivers, a driver in Colorado would need to commit another traffic offense, such as running a red light or speeding, in order to be pulled over and cited for using a cell phone while driving. Like many other states, New York and Colorado also differ in what cell phone actions are acceptable behind the wheel. In New York, Page 20

21 texting while driving is an illegal activity for every driver and a hands- free device must be used in order to use the voice capabilities on the cell phone while driving, meaning they need a Bluetooth or headphone capability to talk on the phone. Although texting while driving is illegal in Colorado, a person does not need a hands- free system to talk on the phone. The comparison between Colorado and New York is just one example of how vastly states differ in their cell phone regulation laws. TABLE 3: NEW YORK VS. COLORADO, LAW COMPARISON State Hand-held Ban All Cell Phone Ban School Bus Drivers Novice Drivers All Drivers Text Messaging Ban School Bus Drivers Novice Drivers Crash Data Colorado None None <18 (Primary) Yes Yes Covered under all driver ban Yes New York Yes (primary) Yes (primary) Covered under all driver ban Covered under all driver ban Yes Source: Governor s Highway Safety Association. Distracted Driving Laws. December August Web. Not only do cell phone laws differ from state to state but so does police enforcement capabilities and penalties for violating cell phone while driving laws. As recently as January 9, 2014, New York Governor, Andrew Cuomo, stated in his State of the State address that he plans to propose a law that would suspend the driver s license for one year for young adults under age 21 caught texting while driving (Hupfl, 2014). Even if this law fails to pass, New York still has one of the toughest cell phone use while driving laws in the country. New York was one of the first states to implement cell phone while driving laws and most recently implemented harsher laws and penalties for cell phone use while driving that went into effect on July 26, For a first offense, the minimum fine is $50 and maximum fine is $150. For the second offense and if committed within 18 months of the first offense, the minimum fine is $50 and the maximum fine increases to $200. For a third or subsequent offense committed within 18 months, the minimum fine is $50 and the maximum fine increases to $400. New York drivers also face Page 21

22 losing their license if they continue to violate the law. For the first offense, a New York driver can receive up to five points on their license. A driver will lose their license for one month in the state of New York after if they receive eleven points on their license in less than eighteen months (New York DMV, 2013). These fines and penalties are in stark comparison to the laws and penalty system in place in Colorado and there is no indication of Colorado passing even tougher legislation any time soon. On December 1, 2009, Colorado made texting on your phone while driving illegal. This includes text messages, s, tweets, etc. The law also bans anyone under the age of 18 from using a cell phone while driving. Violators of the law are subject to a $50 fine for the first offense and the offense is considered a class- A traffic infraction. A class- A traffic violation in Colorado is considered a civil matter in rather than a criminal matter and the violator faces only a monetary penalty. For a second offense, a Colorado driver faces a $100 fine and an additional infraction (Colorado DMV, 2013). Colorado s police enforcement capabilities are also limited in comparison to New York police officers capabilities. Colorado s cell phone laws are considered secondary law, meaning that a person cannot be pulled over and fined simply for using their phone while driving. A driver must be pulled over for another reason, such as speeding, to receive a ticket for texting while driving. It is shown that secondary laws are widely ineffective compared to primary laws and very difficult to prove a law was even broken (Colorado DMV, 2013). Unlike Colorado, New York has primary laws for cell phone use, which means a driver can be pulled over and ticketed just for being on their phone. It is clear that states, like Colorado and New York, have been taking steps to implement laws in order to tackle the dangers of handheld cell phone use while driving; however, it is also clear from what is detailed above that whatever is being done is not producing the desired results. Drivers are still pursuing narrow self- interests by texting or talking on their cell phone while driving without considering how their actions may impact the rest of society as a whole. This produces outcomes that are inferior to Page 22

23 the outcomes that would have been produced if coordination between drivers and the community existed. Methods This policy memorandum conducts an ex post analysis of cell phone laws and the laws goal to deter cell phone use while driving. It is vital to determine if the future costs of continuing state lead regulation is the most efficient and effective way of delivering the benefits or if an alternative policy needs to be explored. If policymakers were to do nothing, the status quo is maintained, meaning that states are responsible for addressing cell phone use while behind the wheel if they feel it is necessary to do so. States are also solely responsible for the costs and producing the benefits they promised through regulation. There is currently no collaboration among states and cell phone laws continue to vary significantly. Due to variations in cell phone use while driving regulations and the growing problem cell phone use while driving presents to drivers, passengers, other drivers on the road, pedestrians, insurance companies, law enforcement, courts, lawyers, the federal government, state governments, cell phone companies and services, and society as a whole. Cell phone use while driving regulation deserves attention because the dangers and lives lost due to cell phone use while driving is a grave cost to society both in terms of monetary costs and costs to safety and life. In order to move forward with a recommendation to best address the dangers and costs of cell phone use while behind the wheel, the measurement of success will be determined by the number of lives saved or the number of death prevented due to regulation. The value of statistical life monetizes a life in order to determine what each life lost costs society. Page 23

24 Proposed Solutions The first policy option to consider is to let the current legal and enforcement status of cell phone use while driving continue as is. This is the status quo policy option. Under this option, the United States continues to allow each individual state to pass their own laws in regards to cell phone use while driving and continue regulating and enforcing their state laws. This would mean that there is also no uniformity of laws across states or collective action to deter cell phone use while driving. The first alternative policy option is to increase educational efforts that aim to warn more drivers of the dangers cell phone use while driving pose. This option prevents further regulations and government control and is the more conservative side of the debate. This policy s main goal would not be to change anything to the current laws or regulations but aims to change people s behaviors through increased education and awareness efforts. The second policy alternative option is to create a national law similar to that of the United States Driving While Under the Influence laws or better known as DUI/DWI. This would mean there is a nationwide collaboration to enact similar laws, implement equal enforcement capabilities and similar penalties to not only to deter cell phone use while driving but to decrease car accident and car fatality occurrences. This policy option would use both the federal government s and states capabilities to alleviate a failure and social ill through the cooperation of all levels of government. This policy option would not only be similar to DUI/DWI laws but have consequences similar to DUI/DWI laws as well, especially since the studies detailed above show that driving while intoxicated and cell phone use while driving produce similar levels of impairment. This policy option also means that there is a complete ban on cell phone use while driving and the option to use a hands- free option is no longer offered. The stakeholders include cell phone users who need to be aware of laws they are expected to abide by and the dangers they impose if they chose to use their cell phone while driver; other drivers on the road that are at risk of injury or death by another driver deciding to use their cell phone while Page 24

25 driving; passengers of the driver who is using their cell phone while driving; the community as a whole who bear some type of cost; law enforcement who also need to be aware of their capabilities when trying to enforce the law and the law itself; the courts who deal with a driver who caused death or injury to another person or family by using their cell phone while driving; safety advocates who are responsible for promoting educational campaigns and creating awareness; victims of cell phone related car accidents who want to prevent future victims; the federal and state departments of transportation who head many safety departments and publish reports on cell phone use while driving statistics and initiatives; insurance companies who bare some of the cost and risk by insuring drivers who use their cell phone while drive and any injury to victims; cell phone manufacturers and providers who are also responsible for education efforts of the dangers cell phone use while driving produce while also making it more easy to use cell phone capabilities when driving a vehicle; and state legislatures who are actively passing cell phone laws. Issue Analysis In order to analyze the issue, I performed a meta- analysis so that I could contrast and combine results from different studies and research collected. A meta- analysis combines pertinent qualitative and quantitative study data from several selected studies to develop a single conclusion that has greater statistical power in order to identify similar patterns among study results, sources of disagreement among those results, and any other interesting relationships that may emerge in the context of multiple studies. The conclusion that is drawn from this analysis will be statistically stronger than the analysis of any single study, due to increased numbers of subjects, greater diversity among subjects, and accumulated effects and results. A meta- analysis is the best approach because it will be able to establish statistical significance if the examined studies have conflicting results, will be able to develop a more correct estimate of effect magnitude, will be able to provide a more complex analysis of harms, safety Page 25

26 data, and benefits and will be able to examine subgroups with individual numbers that are not statistically significant. The meta- analysis is also coupled with confidence intervals in order to offer estimates for the upper and lower limits of the true effect size. A confidence interval will be able to indicate the reliability of an estimate and whether or not it is probable that the confidence range captures the true population parameter given a distribution of samples. The approach to the cost benefit analysis (CBA) is the calculation and the comparison of benefits and costs of each policy option being proposed. In order to determine whether the benefits produced by each policy, such as safer roads and less car accidents and fatalities, outweigh the cost of each policy, such as the cost of implementing new laws, increased enforcement, and/or increased education efforts, the CBA will also measure the positive or negative consequences of each policy. This may include: effects on participants; effects on non- participants; externality effect; and other social benefits. Through the analysis and CBA, the results of this memo shed light on what does not work to deter cell phone use while driving and which policy provides the most benefits and produce the desired results lawmakers have been looking for from the very beginning. Possible weaknesses of the analysis, CBA, and policy recommendations are just how recent current cell phone laws are. Only fifteen states enacted some type of cell phone law by 2010, meaning that many laws are relatively new and may not have had the necessary post- implementation time needed to address the problem and see positive results. It may also be difficult to show that cell phone use was without a doubt the cause of a car accident or fatality because there are often many other contributing factors, such as weather and other forms of passenger distraction that could also be a contributing factor in addition to cell phone use when the accident occurred. There is also the concern that there may be a lack of scientific evidence because it is very difficult to reproduce the dangers of cell phone use while driving. While there are studies using car simulation, there are limitations to that as well because Page 26

27 it cannot perfectly represent every scenario that occurs on roadways. It is politically feasible that any of the policy recommendations would be accepted by the majority of policymakers and Americans because to a certain degree, some aspects of each policy are already established. However, the policy recommendations may not be feasible in a monetary sense or have the necessary capabilities for a meaningful impact. With the United States already in fiscal strain, the amount of federal and state monies needing to set up the appropriate oversight, implement new laws and regulations and provide the necessary amount of enforcement may not be adequately filled if we do not have the funds to enforce a new policy. Cell phone use in general, is not viewed as life threatening. There are no attempts to deter cell phone use in any other situation or concerns of cell phone use between two people when both are not behind the wheel of a car. However, cell phone use is problematic when done while driving because of the level of distraction it produces. Cell phone use while driving not only puts the driver in danger but also puts his or her passenger(s), surrounding drivers, nearby pedestrians and the community as a whole in danger. Cost-Benefit Framework As detailed previously, New York is known as one of the pioneers of cell phone use while driving legislation. New York continues to adjust its cell phone laws and is moving towards stricter regulations and punishments for a driver if he or she is found using their cell phone while operating a motor vehicle. As recently as 2013, New York implemented stricter laws and more severe penalties if a driver is caught using their cell phone while driving without using hands- free technology. The current state of New York s cell phone laws, penalties and fines, and number of fatalities, injuries and property damages due to distracted driving are as follows: Page 27