Q: It’s clearly dangerous to talk on the phone while driving, and it makes sense that we have a law against it, but why are the police allowed to do it?
A: The longer cell phones are around, the more we all agree that they don’t mix well with driving. According to AAA surveys, in 2009, 58 percent of us thought that drivers talking on their phones were a serious threat. By 2014, 66 percent of us thought it was unacceptable, and in 2023, 78 percent of us thought it was very dangerous. The remaining 22 percent thought it was slightly or somewhat dangerous; nobody put it in the ‘not dangerous at all’ category. It’s hard to ignore all the evidence (in the form of crashes), and our attitudes toward distracted driving have shifted to reflect that (including 78 percent of Washington drivers who support enforcement of distracted driving).
In Washington, 20 percent of fatal crashes are reported to involve distraction. But the real number is most certainly higher. In contrast to some other risk factors, it’s tough for a collision investigator to know if a driver was distracted. For example, an impaired driver can be confirmed with a breath or blood test. So far, we don’t have a blood test to prove distraction, and not all distracted drivers involved in a crash are going to admit to it.
Naturalistic driving studies have found that the odds of crashing double while talking on the phone. And talking is the least of the problems. Reaching for a ringing phone increases crash risk almost five times, and you’re twelve times more likely to crash while dialing a number.
Even so, there are a few folks who will claim they’re the exception, because they’re good at multi-tasking. No, you’re not. In fact, multi-tasking isn’t a real thing. Our brains don’t do two things at the same time; they switch between them. When your brain moves from one task to another there are switching costs, measured in increased errors.
And yet, as you mentioned, there are exceptions in our distracted driving law, and not just for the police. The law does not apply to drivers using their phones to contact emergency services, transit drivers calling their dispatch with time-sensitive information, and emergency responders.
That doesn’t mean it’s a free-for-all for emergency responders. Police, fire, and other emergency response agencies have organization policies that limit when drivers are allowed to use their phones and other in-vehicle technology distractions. For example, here’s an excerpt of a police department policy: “Officers operating emergency vehicles should restrict the use of these devices to matters of an urgent nature and should, where practicable, stop the vehicle at an appropriate location to use the PCD (personal communications device).”
Nationally, there have been too many examples of the consequences of distracted driving by bus drivers and emergency responders, resulting in serious injuries and deaths. Both drivers and their agencies have faced multi-million-dollar lawsuits for events when drivers ignored, and agencies failed to enforce, their distracted driving policies.
The law both recognizes the risk of using a phone while driving and makes limited provisions for when it might be worth the risk. Many organizations aren’t willing to take that risk, and have phone use policies that are stricter than the law. As an example, King County Metro prohibits all phone use while driving, even though state law permits a driver to call their dispatch. As I’ve said before, following the law is the minimum requirement; it isn’t always best practice. Where the law is weak, organizations can, and should, set higher standards.
Great article & very well said. I think using the sync (hands free) in your vehicle is the same as holding the phone to your ear. You may be looking ahead of you, however, your mind is on your conversation, you are not properly scanning ahead, not able make timely critical decisions related to your driving task & it reduces your reaction time.