Is multitasking a crime? No using iPods white crossing the street. No talking on cell phones white biking. Should lawmakers try to legislate common sense?

AuthorZeller, Tom, Jr.
PositionNEWS ANALYSIS

A few months ago, a New York State Senator introduced a bill in the State Legislature that would, he said, tackle the problem of "iPod oblivion."

This condition, Senator Carl Kruger I suggests, is suffered by the thousands of owners of electronic gadgets, from Palm Pilots to cell phones. His bill would make it a crime to "enter and cross a crosswalk while engaging in the use of an electronic device in a city with a population of one million or more." Violators would face a court summons and a $100 fine.

Kruger's justification for the bill, as submitted to the legislature, is this: "Since September, three pedestrians have been killed and one critically injured while crossing the street listening to electronic music devices. The use of electronic devices while crossing the street poses a threat to the public safety of pedestrians and motorists. It is impossible to be fully aware of one's own surroundings when occupied in using an electronic device. This legislation would eliminate this threat to public safety."

Kruger's proposal is not the only one of its kind. A number of state legislatures are considering measures to stop people from multitasking in ways that may jeopardize their safety. Four states and Washington, D.C., already have laws that prohibit using a handheld cell phone while driving.

SHAVING WHILE DRIVING

Some states are thinking about going further: The New Jersey Legislature is considering a bill that would require hands-free cell phones for people who want to talk while riding bicycles; violators would receive fines of $100 to $250. And Vermont lawmakers are considering a bill prohibiting cell-phone use, eating, drinking, personal grooming, and interacting with pets while driving.

Matt Sundeen of the National Conference of State Legislatures says most of this kind of legislation focuses on cell-phone use, though in the last few years some states have tried to tackle other driving distractions.

"Anybody who drives knows there's a lot of bizarre behavior on the roads whether it's people with pets on their laps or shaving or trying to read," Sundeen says.

Critics of the proposals suggest they're beyond the proper role of government, and emblematic of a trend towards what critics call "the nanny state." As one New Jersey legislator said, "You can't legislate common sense."

A sampling of comments on the Internet suggests that many people agree, finding the recent New York proposal excessive. "Perhaps we should ban deaf and blind...

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