Given that any interruption can be problematic, how far should the law go? A recent U.S. case in the state of New Jersey held that texting a driver, knowing they are driving, could make the person texting the message liable. In this particular case, a young person sent a text message to a driver who, while distracted, veered into the opposite lane striking two people on a motorbike causing each to lose a leg. The New Jersey legislature also features a law that could make it standard practice to capture a person's cell phone in the case of any traffic accident to check if texting could have contributed to the accident.

Note that a conversation between driver and passengers in a car could also be said to be cause for distraction. However, evidence shows that having another person in a car can actually improve driving because the traffic conditions are typically part of the conversation and the passenger is often a help, for example in pointing to an exit, calling the driver's attention to obstacles ahead, keeping the driver awake, and so on.

In the case of texting and holding one's phone while driving, the more significant problem becomes that of how laws countering cell phone use while driving might be enforced? Even if they can be enforced, will such enforcement be effective in putting an end to the problem?

In terms of how to enforce the law, we need to ask ourselves if there are sufficient police resources to be effective in stopping what all the evidence shows is an all too common practice? Should both police and courts make an example out of and give major publicity to cases for awhile until everyone gets the message? Is the penalty severe enough? Should we encourage citizens to report others who are texting and driving at the same time?

Other efforts to encourage people not to text or hold their phones while driving might include driver education, media campaigns to make people more aware of the dangers and incentives, for example reduced insurance rates for those who will take a pledge not to text and drive and substantially increased insurance rates for those who are found guilty of texting while driving.

Finally, there seems little doubt that driver distraction caused by cell phones is an issue that will continue to be problematic and continue to cause many accidents and needless fatalities on China's roads. It will be important to continue research in this area to see if the present laws are really making a difference. In the U.S., for example, the evidence thus far shows that the laws are not working and the number of people texting while driving remains unchanged and in some cases even higher than before the law was enacted.

In the meantime, if you are a parent, please educate your child on the dangers of driving while texting or using one's cell phone. More than that, parents should set a good example for their children by being responsible drivers focused on safe driving.

The author is a columnist with China.org.cn. For more information please visit:

http://www.ccgp-fushun.com/opinion/eugeneclark.htm

Opinion articles reflect the views of their authors, not necessarily those of China.org.cn.