NO TEXTING WHILE DRIVING, IT’S THE LAW (A WCHL Commentary)

A new law went into effect on December 1st, a law that says what you will not do while driving. This law falls into the category of what my grandmother would categorize as proof that you must tell some people everything! Yes, we now have a law that says you will not read and send text messages and e-mails while you drive. Drivers in North Carolina can be fined $100 for using mobile phones to type or to read text messages or e-mail and since it's not called a traffic violation, do it won't affect driving privileges or insurance.

Apparently, some people just won’t use common sense unless a law forces them to. Surely, people who text or send emails while driving must know how dangerous it is. One study of truckers found that talking on a cell phone increases the risk of a crash fourfold, and texting multiplies that risk 23 times! Some of us might argue that as our roads continue to get busier the risk will only rise.

North Carolina already says you can’t watch TV or look at computers or DVD players while driving, but you and I both know it still happens. Let’s hope that those who do this will get the message and not put their lives and the lives of those in their vehicle and the other vehicles on the road at risk.

Driving these days is hard enough; let’s hope that drivers in North Carolina will not use their heads, hands, and eyes to do anything other than to drive as safely as possible.

A GOOD ACT FOR INDIVIDUAL PRIVACY!

Last year I wrote a column entitled "Private vs. Public, Where's The Line?" I concluded it by saying, "Let’s hope that our representatives do what’s necessary to ensure that we don’t become victims of technology or the valid need for public documents. Being a victim is not a good thing."

They did! Effective December 1, 2007 our General Assembly passed Session Law 2007-534 (House Bill 454):

AN ACT to protect the identity of individuals by authorizing the taking of a photograph of a person who is cited for a motor vehicle moving violation, who does not produce a valid drivers license upon the request of a law enforcement officer, and where the law enforcement officer has a reasonable suspicion regarding the true identity of the person, and to provide a cause of action for a person whose identifying information is published over objection.

This law adds to North Carolina's existing identity theft protection act by making it a violation of the act for any person to "knowingly broadcast or publish to the public on radio, television, cable television, in a writing of any kind, or on the Internet, the personal information of another with actual knowledge that the person whose personal information is disclosed has previously objected to any such disclosure."

Other details can be seen in the actual law. In my mind, it's very important for us that this law explicitly states that it can be enforced by individuals, rather than limiting the right to bring suit under the law to the state attorney general. Also, the North Carolina law includes a statutory damages provision, which addresses difficulties that individuals seem to experience when trying to show actual damages in cases in the past.

We can thank an individual named Glenn Hagele who lobbied for this specific law to help deal with the situation where an individual's personal information was made available on the Internet as a reprisal for some public statements amde by an individual. Without Glenn's work on the law, there is simply no reason to think it would exist. Also, there is growing organized pressure on to act to solve this problem.

Kudos to the members of the GA who voted for this and helped the law catch up with our technology!