Senator Susan Wismer likes songbirds, but she wants less Tweeting on the highway. She’s one of three dozen co-sponsors of House Bill 1169, which would toughen up our state’s restrictions on using mobile electronics behind the wheel. HB 1169 expands the definition of mobile devices to include Apple watches and other new wearable technology while clarifying that we aren’t restricting CB radios behind the wheel (but, breaker 1-9, keep your eyes on the road). It also specifically targets people Tweeting, Facebooking, Pinning, and engaging in other social media activity behind the wheel:
No person may access, read, or post to a social networking site while operating a motor vehicle. A violation of this section is a Class 2 misdemeanor [2020 HB 1169, Section 3, as introduced 2020.01.30].
HB 1169 defines “social networking site” as “any web-based service that allows persons to construct a profile within a founded system and communicate with other users of the site.” That definition does not include blogs, or at least not Dakota Free Press, since I don’t offer commenters the option to create profile pages or private-message each other through this site. But it is curious that the bill’s authors would single out one type of website when (a) noodling around on Amazon or another non-social-media shopping website can be jsut as hazardous as Retweeting cat memes, and (b) the general ban proposed by HB 1169 on operating a motor vehicle while using a mobile electronic device seems to make a specific social networking restriction redundant.
Perhaps South Dakota’s legislators are simply gearing up to join Elizabeth Warren’s campaign to break up Facebook and other big tech companies!
What about driverless cars? They’re already here, and while the driver needs to keep their eyes on the road today, what about next year? As our wise senior US Senator once said:
How is the driver going to fill out paperwork and send emails with this regulatory red tape in place?
Kind regards,
David
Good question, David! HB 1169 includes this definition of “operate”: “to drive or assume physical control of a motor vehicle upon a highway, including operation while temporarily stationary because of traffic, road conditions, a traffic light, or a stop sign. The term does not include a motor vehicle that is lawfully parked.” Does that encompass sitting behind the wheel or in the back seat of a vehicle on auto-pilot?
Notice that SD Republicans write bills almost always telling people what they can’t do. Why? Is SD really just a state full of stubborn, grouchy Russian German descendants who get their jollies from bossing each other around? Seems that way. What a depressing dump, Pierre is.
~Three states I pay close attention to write bills that let people choose from pages upon pages of new things to do, to improve life and surroundings.
Examples given of laws in the current pipeline
Minnesota:
You CAN authorize food sellers to sell beer and wine.
You CAN lower the voting age to 16 in local elections.
You CAN establish consumer protections for residents of assisted living facilities.
California:
You CAN provide tax-free tampons and text messages.
You CAN create a study for a low-interest loan program for housing.
You CAN require equal pay for men and women at any sporting event on state property.
Colorado:
You CAN create a pathway for a future educators grant program.
You CAN create a twenty-third judicial district.
You CAN protect racial hairstyles from discrimination in schools.
-It’s better for community relations to write in the positive sense than being a legislative bully. Bullying irritates most thinking people.
No caucusing on your phone and driving for you, Mr. Mike, as you are from Iowa and the Shadow Company from Ms. Clinton has hacked your phone.
grudznick… Ask Putin what’s taking so long to announce the Iowa caucus winner.
This Forbes article post-dates the Senator’s comments and casts doubt on his powers of prognostication. Further, its conclusion seems more sound than the Senator’s alleged wisdom:”But it is not ideal that we put all of our hopes for a brighter mobility future on self-driving cars—or indeed, any single technology. We need to act now with the policies, services, and technologies we have today if we want to create a more vibrant and livable tomorrow.”
Good to hear from you David. I haven’t seen one of your comments in a while.
The only Caucusus Grudzilla need listen to is “Night Ride Across the Caucusus” by Loreena McKennit. Pick up a little culture and hear a fantastic voice.
https://www.youtube.com/watch?v=5lMbVzFtvM8
Minnesota has a law against using any handheld electronic by the driver unless the car is parked. (I think if one is stuck in motionless traffic they’ll let it slide. Might keep irate drivers from exiting their cars and beating one another up.) Hands free devices are okay.
The law went into effect last August 1. There was a lot of publicity about it in July so everyone had ample warning it was coming.
Nancy Pelosi just put down the phone while driving and analog texted Trump from behind after SOTU (which i missed happily) and TORE TRUMP’s SPEECH IN HALF, and then in QUARTERS. She has made my impeachment and Iowa caucus funk whole again.
Trump must be taken down. The daily damage he does to our Democracy daily is likely irreparable.
“What about driverless cars?” Indeed. But maybe we first need to worry about who’s legally responsible when a “driverless car” plows into another vehicle and bursts into flame, than worry whether Don Draper is going to get a ticket while doing important business on his phone while K.I.T.T. drives him from Webster to White Lake.
Hi Kal Lis!
Thanks for the response. I’m always glad to see your comments and fondly remember cutting LD teeth together at Mount Marty.
I’ll split the difference with you. I agree with Forbes that end-to-end driverless is still a long ways off, but the driverless that we have today is very hands-free. The current technology won’t get us to HyVee or City Hall. But we can get on the interstate in Sioux Falls, turn on advanced cruise control, and not touch the wheel, gas pedal, or brake until we need to turn north at Vivian or Albert Lea.
And in this context, it drives better than many humans doing the same thing. It stays exactly in the middle of the lane, expertly follows curves, and perfectly respects follow distance. The close calls I’ve experienced while using advanced cruise control were due to other human operators veering into my lane, not my car veering into them. It’s not perfect, but better than man.
Today, it is essential that the driver remains attentive. The system actually watches the driver’s face to make sure it’s facing forward with its eye lids open, and if one gazes into the eyes of his wife or the starboard scenery for more than 3 seconds, it starts beeping. If we fail to respond in the next 3 seconds it goes all DEFCON 1: flashes red, screeches at full volume like a smoke detector, and starts slowing the car down. That’s unpleasant for the whole car, but it definitely wakes up an over-tired driver and rebukes a phone-poking one.
There is no possibility of leaving the drivers seat while this advanced cruise control system is in operation.
However, even though I’m totally on board that the driver should be attentive while advanced cruise control is engaged, I will say that the risk of accident is FAR FAR lower if one were to tweet while in advanced cruise control compared to standard cruise control (or any other situation where hands need to be on the wheel). This applies not just to social media, but all the other attention-grabbing situations that can arise while driving, like:
– having a conversation
– singing
– getting the phone out of your pocket/purse to accept the call (even when you use a hands-free Bluetooth earpiece to talk)
– trying to find your favorite song/station on the stereo
– using the fader settings on your stereo to put the music in the front/back seat only
– putting in a new DVD for the kids to watch
– taking your coat, tie, shoes, or sweater off
– eating a burger, taco, or ice cream sundae
– finding a piece of gum
– finding the charger cord
– finding change for the toll booth
– finding chap stick
– switching from glasses to prescription sunglasses
– loading or setting the safety on a shotgun while road hunting (on a state or county highway, not the interstate)
To my knowledge, current SD statute doesn’t address many of these, and it seems strange that we would make it a misdemeanor to read a tweet, but 100% legal to eat spaghetti or do a crossword puzzle in the drivers seat.
Kind regard,
David
Hi Chris S!
Right now the driver is 100% legally responsible for any accidents involving advanced cruise control (same as standard cruise control). When a driverless car plows into another vehicle and bursts into flame, it will be treated the same as when a drunk driver plows into another vehicle and bursts into flame. The car’s liability insurance will pay up.
The dynamic going forward will be that when the statistics show that smart driving technologies result in fewer accidents, you’ll get lower auto insurance premiums on cars with those features. Just like the transition to air bags and anti-lock brakes. Driverless tech is a safety feature in addition to being a convenience feature.
Kind regards,
David
Mr. Bergan, I believe the accident rate has risen with the popularity of texting and that accidents can be traced directly to texting through time stamps. Hence the need to regulate texting above other activities.
In addition, it doesn’t seem to be good governance to me to say that if we can regulate every risky aspect of driving, we should therefore regulate none. Unless you’d like to legalize driving while too drunk to walk or stoned to see or legally blind. For instance. 😁
Hi Debbo!
I think we agree? Not sure what part of my posts you’re objecting to…
SD already has a text and drive law, which is rated as a petty offense ($100 fine). This bill adds “social media” to that statute and ups the severity of the crime from petty offense to class 2 misdemeanor.
I’m just thinking that this law shouldn’t apply to future driverless cars, and wondering why only one form of distracted driving is singled out, when it’s completely legal to load your shotgun or cut your steak while driving.
Kind regards,
David