the good, the bad, and the ugly - tmcec
TRANSCRIPT
the GOOD, the BAD, and the UGLY
Presented by Katie Tefft, Program Attorney, TMCEC
Cathy Riedel, Program Director, TMCEC
In 2008, there were 245.264 billion
miles traveled on Texas roadways
That’s a lot of miles….
1 reportable crash every 72 seconds
There was also…
which resulted in
242,698 injuries
84,508 serious injuries
and 3,468 deaths
Of all those persons killed in vehicles where restraint usage
was applicable and known, 56% were reported as
NOT restrained when the fatal crash occurred
The Good: SAFETY BELTS
Three collisions:
• Colliding with hard elements of the
vehicle
• Colliding with other occupants
• Internal organs colliding with the body
(ribcage/skull)
1885: first US patent for automobile safety belts
1955: Ford first to install lap belts in rear seats
1959: Volvo first to install 3-point belts
1972: Volvo first to install 3-point belts in rear seats
2007: all new cars sold in US required to have 3-point belt in center rear seat
1970: Victoria, Australia passed first law making safety belt use mandatory for drivers and front-seat passengers
1984: New York became first state to enact mandatory safety belt use law
Point CounterPOINT
Amazingly, this person survived because of the seat belt and airbag.
• Before 1980, seat belt use at 11%• Click It or Ticket campaign first launched in North Carolina in 1993• In 1194, seat belt use at 60%• In 2009, seat belt use at 84%
Men 18-34 least likely to wear safety belts Highest amongst drivers, then front seat
passengers; lowest among rear seat passengers
Higher on freeways in heavier, faster moving traffic
Higher on weekends Highest in the suburbs Significantly lower in pick up trucks than
care/vans/SUVs
Fines range from $10 - $200 in most states Only one state (New Hampshire) does not require adults
to be buckled up in the front seat States vary on laws depending on location in car, age of
passenger, or age of driver Police in South Carolina are prohibited from conducting
seat belt checkpoints Georgia exempts pick up trucks from the definition of a
passenger vehicle (unless the occupant is under 18) Arkansas & Wyoming reward safety belt use by reducing
the fine for the primary violation by $10
http://www.iihs.org/laws/SafetyBeltUse.aspx
NH only requires children be buckled up – no law for adults
15 states are secondary enforcement states:
AZ CO ID MA MTNE NV ND OH
PA SD VTVA WV
WY
6 states are primary enforcement only for children, secondary for adults:
KS MO
NJ NC
RI UT
28 states (and DC) are primary enforcement states:
AL AK AR CA CTDE FL GA HI
IL IN IAKY LA
ME MD MIMN MS NM NY
OK OR SC TN WAWI and…
(a) A person commits an offense if the person is▪ at least 15 YOA
▪ riding in a passenger vehicle while the vehicle is being operated
▪ occupying a seat equipped with a safety belt (if required to be under Sec. 547. 601)
▪ and is not secured by a safety belt
-OR-
▪ if person is a school bus driver in a seat with a safety belt and is not secured by the safety belt
(d) Fine between $25 and $50
(e) Defenses to prosecution
(b) A person commits an offense if the person operates a passenger vehicle equipped with safety belts and allows a child younger than 17 (who is not required to be in a safety seat under 545.412) to ride without being secured by a safety belt, provided the child is occupying a seat equipped with a safety belt
(d) Fine between $100 and $200 (and ½ to state)
(i) Specialized DSC
(b-1) A person commits an offense if the person allows a child younger than 17 (who is not required to be in a safety seat under 545.412) to ride in a PASSENGER VAN without securing the child individually by a safety belt, provided the child is occupying a seat equipped with a safety belt
(d) Does not give a fine range general penalty of $1 to $200
WAS THIS PROVISION NECESSARY?
Fines range from $15-$150 in most states Higher on subsequent offenses, some states assess
points/surcharges Watch out in Nevada: fine of $100 - $500! All 50 states (and DC) require child safety seats for
infants and some children 47 states (and DC) require booster seats up to a
specified age (only AZ, FL, and SD do not have a booster law)
Laws vary depending on height, weight, and age of child
http://www.iihs.org/laws/ChildRestraint.aspx
(a) A person commits an offense if the person operates a passenger vehicle, transports a child younger than 8 (unless taller than 4’9”) and does not keep the child secured in a child passenger safety seat system according to the manufacturer’s instructions
(b) Fine of up to $25 for first offense; up to $250 for subsequent offense (and ½ to state)
(b-1) 15¢ court cost on conviction
(c)-(d) Defense to prosecution and exceptions
(g) Specialized DSC
545.4121: Possession of safety seat defense to prosecution
Texas has no laws on what position children should occupy in the vehicle or what kind of seat children should be in
Recommended that children up to age 1-2 remain in rear facing seat
Remain in booster seat until age 8 or pass 5-step test: Does child sit all the way back against seat? Do child’s knees bend easily at the edge of seat? Does shoulder belt cross over center of shoulder and chest? Is lap belt low across the top of thighs? Can child stay seated this way for the entire trip?
Remain in back seat until age 13
Safety belts should fit properly:
Lap belt should touch thighs
Shoulder belt should touch shoulder and chest
Good resourceswww.txdps.state.tx.uswww.carseat.orgwww.safekids.org
School busesPregnant
WomenPolice OfficersPets
According to the National Safety Council, the use of cell phones while driving increases chance of getting into crash by 400%
Study from Carnegie Mellon University found just listening to a cell phone while driving can reduce brain activity associated with driving 37%
Hands-free devices just as distracting as handheld models
In 2008, distracted driving caused 16% of all fatalities and 21 percent of crashes resulting in injury-515,000 wounded
AAA estimates nearly 50 percent of teens admit to texting while driving
The increased reaction times caused by DWT were greater than those caused by alcohol consumption to the legal limit and marijuana use. UK researchers report that drivers’ reaction time slowed 35 percent and their steering control decreased 91 percent when they sent and received text messages in a driving simulator. One researcher puts the crash risk for DWT at the level of driving after consuming three to four alcoholic drinks.
TWD: EYES OFF OF THE ROAD FOR 4.6 SECONDS OUT OF EVERY 6 SECONDS
MEANING THAT AT 55 MPH DRIVER WILL HAVE EYES OFF ROAD FOR MORE THAN LENGTH OF FOOTBALL FIELD
TWD= 20X MORE LIKELY TO CRASH
http://www2.counton2.com/cbd/news/national/article/caught_on_tape_texting_san_antonio_bus_driver_responsible_for_violent_crash/24182/
April 18, 2009– 18 passengers injured after metro bus crashed head-on into pillar—driver was on cellphone
DWT proves deadly: http://www.foleyservices.com/t-05_01_2009.aspx San Antonio bus driver rear ends vehicle while texting
NO STATE YET COMPLETELY BANS ALL TYPES OF CELL PHONE USE
NOVICE DRIVERS: 21 STATES, INCLUDING TEXAS BAN CELL PHONE USE BY YOUNG, NOVICE DRIVERS
ONLY 17 STATES SO FAR BAN USE OF CELL PHONE BY SCHOOL BUS DRIVERS!
20 STATES BAN TEXT MESSAGING FOR ALL DRIVERS
MOST STATES WITHOUT COMPREHENSIVE LAWS ALLOW CITIES TO ENACT LOCAL LAWS, BUT SOME SUCH AS FLA., KY., LA., MISS., AND NEV. HAVE PREEMPTION LAWS THAT PROHIBIT LOCAL ENFORCEMENT
SOME STATES RESTRICT USE OF CELL PHONES BY ADDING A DISTRACTED DRIVING ATTRIBUTE TO OFFENSE (S. CAR., MAINE)
ARE THESE BANS EFFECTIVE? SINCE MARCH 2008, IN NEW JERSEY,
224,725 CITATIONS HAVE BEEN ISSUED, 9,770 A MONTH FOR VIOLATING STATE CELL PHONE LAW
STUDY SHOWED THAT TWD INCREASED 40% BETWEEN 2008 & 2009 IN NJ
FINE IS $100, PLUS COSTS
MARCH 31, 2010: US TRANSPORTATION SECRETARY ANNOUNCED FED RULE PROHIBITING TEXTING BY INTERSTATE COMMERCE TRUCKS AND BUSES
OCTOBER 2009: BAN ON USE OF CELL PHONES IN FEDERAL VEHICLES OR ANY VEHICLE WHILE ON GOVT. BUSINESS
MARCH 2010: SAN ANTONIO POLICE OFFICER’S CAR KILLS ONE, INJURES ANOTHER. OFFICER USING PHONE AT TIME OF ACCIDENT. LAWSUIT FILED MARCH 30
DECEMBER 2009: JENNIFER SMITH’S MOTHER WAS KILLED BY A DRIVER TALKING ON A CELL PHONE IN OKLA. FILED LAWSUIT AGAINST COMPANIES THAT PROVIDED DRIVER’S PHONE AND WIRELESS SERVICE
SEC. 545.425 TC: USE OF WIRELESS COMMUNICATION DEVICE NO USE OF WIRELESS DEVICE IN SCHOOL
CROSSING ZONE▪ EXCEPT IF VEHICLE IS STOPPED OR
▪ HANDS-FREE DEVICE
▪ CITY MUST POST SIGN
NO USE OF WIRELESS DEVICE WHICH OPERATING PASSENGER BUS WITH A MINOR PASSENGER UNLESS BUS IS STOPPED▪ EXCEPTION: EMERGENCY
SEC. 545.424 TC: (a)PERSON UNDER 18 MAY NOT OPERATE
VEHICLE DURING FIRST 12 MONTHS OF DL WHILE USING A WIRELESS DEVICE, EXCEPT IN CASE OF EMERGENCY
(b) PERSON UNDER 17 WITH RESTRICTED MOTORCYLE LICENSE DURING FIRST 12 MONTHS FOLLOWING ISSUANCE OF DL MAY NOT OPERATE MOTORCYCLE OR MOPED WHILE USING A WIRELESS COMMUNICATION DEVICE, EXCEPT IN EMERGENCY
*SECONDARY ENFORCEMENT:
(e) Peace officer may not stop vehicle or detain operator for sole purpose of determining whether operator violated this section.
WIRELESS COMMUNICATION DEVICE:
MEANS A HANDHELD OR HANDS-FREE DEVICE THAT USES COMMERCIAL MOBILE SERVICE AS DEFINED BY 47 USC, SEC. 332
HANDS-FREE DEVICE:
MEANS SPEAKERPHONE CAPABILITY OR TELEPHONE ATTACHMENT OR OTHER EQUIPMENT, REGARDLESS OF WHETHER PERMANENTLY INSTALLED IN MV, THAT ALLOWS COMMUNICATION WITHOUT USE OF EITHER HAND
The Austin, Texas Cell Phone Law In 2009, Austin amended their city code to prohibit
electronic messaging while driving. The new ordinance ( # 20091022-028) states that:
"A driver of a motor vehicle may not use a wireless communication device to view, send, or compose an electronic message or engage other application software while operating a motor vehicle."
The new ordinance does not prohibit talking or dialing a cell phone or engaging in the prohibited behavior while a vehicle is stopped, emergency situations or affect GPS interaction. To read the new ordinance please read ORDINANCE NO. 20091022-028
VERIZON: A LOT OF PEOPLE WANT YOU TO GET HOME SAFELY, SO PLEASE DON’T TEXT AND DRIVE.
AT&T
MARCH 8, 2010
ANNOUNCED CAMPAIGN AIMED AT “CURTAILING” UNSAFE PRACTICE OF TEXTING WHILE DRIVING
“THIS IS THE TEXT MY DAUGHTER WAS READING WHEN SHE DROVE INTO ONCOMING TRAFFIC”
NO TEXT IS WORTH DYING FOR
STATE CELL PHONE LAWS:
www.ghsa.org/html/stateinfo/laws/cellphone_laws.html
US DOT SITE:
www.distraction.gov
FCC DISTRACTED DRIVING CLEARINGHOUSE
http://www.fcc.gov/cib/driving_clearinghouse.html
TRY THIS SIMULATION:
http://www.nytimes.com/interactive/2009/07/19/technology/20090719-driving-game.html
The Oprah show on January 15, 2010 had an excellent show on texting and talking while driving. The video clip below of the show is 38 minutes without commercials.
http://www.oprah.com/oprahshow/Watch-the-Full-Hour-Americas-New-Deadly-Obsession-Video
