Ban on texting and driving fails in S.D. House

**OntarioVanMan** · 02-18-2010, 12:35 AM

Peoples rights still come first...

The Associated Press | Posted: Wednesday, February 17, 2010 4:18 pm

PIERRE -- Legislation to prohibit texting while driving has hit a dead end in the South Dakota Legislature.

The bill's sponsors fell four votes short of getting it passed in the House on Wednesday.

Supporters argued that texting drivers pose a danger to other motorists if they're distracted.

Opponents argued the bill would impede on personal rights and amounts to government interference. They say drivers face other distractions.

The bill would not have applied to talking on a cell phone but only to sending and receiving text messages.

**LDB** · 02-18-2010, 04:17 AM

Should have passed.

**layoutshooter** · 02-18-2010, 07:17 AM

I have mixed feelings. I, more than most, defend everyone freedoms. I also know that distracted driving kills. I don't have a good answer.

**LDB** · 02-18-2010, 08:49 AM

I understand your position and in most cases am for the freedom side of things. There are times though when lack of common sense and/or human decency mandates a law taking away a freedom that should never under any circumstances be exercised anyway. Nobody should be texting while driving. Nobody. Ever. Anywhere. Period. Making it illegal shouldn't affect anyone but since some people are too STUPID/selfish it would affect them. Better to restrict the mental midgets allowed actions than have a funeral for innocent(s) killed by the morons.

**OntarioVanMan** · 02-18-2010, 09:38 AM

Originally Posted by LDB

I understand your position and in most cases am for the freedom side of things. There are times though when lack of common sense and/or human decency mandates a law taking away a freedom that should never under any circumstances be exercised anyway. Nobody should be texting while driving. Nobody. Ever. Anywhere. Period. Making it illegal shouldn't affect anyone but since some people are too STUPID/selfish it would affect them. Better to restrict the mental midgets allowed actions than have a funeral for innocent(s) killed by the morons.

Could you then Leo..not use your argument (to some degree)also to ban handguns?

lets see. Some people are so stupid we now legislate...

Seat belts
infant car seats
Child booster seats
No smoking

To protect the innocent from the selfish/stupid?

**LDB** · 02-18-2010, 09:57 AM

No, because handguns aren't a privilege they are a right guaranteed by the Constitution. A texting ban is merely a limitation on a privilege.

**OntarioVanMan** · 02-18-2010, 10:01 AM

since driving is a privilege we could ban any drivers over the age of say 62 from driving a Commercial vehicle over 10,000 gvw and that would be ok...?

**greg334** · 02-18-2010, 10:12 AM

Glad it didn't pass. The issue isn't whether the rights of the individual is being impeded but rather as layout indicated, government intrusion is being done under the guise of safety.

If we were serious about safety, it would start with the licensing programs across the country and then our government would not allow Ford and all the other car companies to have built in distractions - starting with "smart" radios to hands free phones to Nav units which are all distractions for many dimwitted drivers.

I do like the limitations on age for truck drivers - if we are going to be treated like a pilot, then we should have the same rules.

**LDB** · 02-18-2010, 10:13 AM

Not going to go through dozens of what ifs. Common sense. Texting while driving is NEVER safe or sensible or needed. Certain specific drivers, whether over or under 62, should be banned from all driving not just commercial. Blanket policy is downright foolish. Common sense should prevail and would properly cover things.

**greg334** · 02-18-2010, 11:20 AM

Originally Posted by LDB

Not going to go through dozens of what ifs. Common sense. Texting while driving is NEVER safe or sensible or needed. Certain specific drivers, whether over or under 62, should be banned from all driving not just commercial. Blanket policy is downright foolish. Common sense should prevail and would properly cover things.

Ifs?

Oh come on Leo, you can't legislate common sense.

Look around in this profession, we have little common sense in many of the cabs and this cause us to live with those foolish blanket policies, HoS, EOBR, Medical requirements, etc... .

The solution is in this profession could be actually license and regulate it as a profession, not a hobby, not as an easy thing to get into, right?

**pelicn** · 02-18-2010, 11:31 AM

I'm also glad it didn't pass. Distracted driving is distracted driving, there are already thousands of laws on the books that would cover that so why add another?
As far as the "safety" we can not legislate stupid, there will always be stupid people. If someone is texting while driving or eating while driving or whatever, and causes an accident that kills someone, the person is still dead.

**Steady Eddie** · 02-18-2010, 04:57 PM

Text while driving fails in S.D. House????? Poor cows are still in danager of getting hit by a texting driver!

**OntarioVanMan** · 02-18-2010, 05:03 PM

Originally Posted by Steady Eddie

Text while driving fails in S.D. House????? Poor cows are still in danager of getting hit by a texting driver!

Don't forget the sheep....

**Rhodes101** · 02-18-2010, 06:16 PM

It is common sense not to over legislate, since there are already distracted driving laws this law would be redundantly senseless common or otherwise.