Potential Consequences of an Executive Order vs. Sample Law to Ban Texting

Greg Fitch, Ph.D.Senior Research Associate

Virginia Tech Transportation InstituteAugust 3rd, 2010

Purpose

• Help ITS America understand the potential consequences that the White House Executive Order (issued October 2009) and NHTSA's proposed Sample Law to Prohibit Texting While Driving (issued in February 2010) will have on various segments of the driving population

Executive Order• Defines "Texting" as

– Reading from or entering data into any handheld or other electronic device

– Including for the purpose of SMS texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication

• Defines "Driving" as "operating a motor vehicle on an active roadway with the motor running, – including while temporarily stationary because of traffic, a

traffic light or stop sign or otherwise. – It does not include operating a motor vehicle with or without

the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary."

NHTSA Sample Texting Law• Defines "Texting" more narrowly as:– Manually typing or entering multiple letters, numbers,

symbols or other text in a wireless communication device for the purpose of non-voice interpersonal communication, or

– Sending or reading data, including but not limited to: texting, instant messaging and e-mail

• The NHTSA Sample Texting Law includes provisions to exempt a driver from the law if he or she is:– A law enforcement, fire service, or emergency medical

services professional performing official duties,– Using a navigation or GPS system, or– Reporting an emergency or criminal and suspicious activity

Main Differences Between Executive Order and NHTSA Sample Law

• The NHTSA Sample Texting Law more narrowly focuses on texting, instant messaging, e-mailing and:– Excludes navigation applications– Limits focus to "interpersonal communication"

(e.g. not machine-to-machine communication– Does not attempt to address internet surfing

Objectives• To Identify: – Organizations affected by the texting ban if the

devices they use while operating a motor vehicle fall under the broader definition of “Texting” defined in Executive Order

– Current level of productivity given the use of these devices while operating a motor vehicle,

– Future productivity if prevented from using these devices while operating a motor vehicle,

– The potential difference in impact between the Executive Order and the Sample Texting Law developed by NHTSA (with substantive stakeholder involvement).

Results

• Survey completed April 26th, 2010• Survey ended if Responders said they didn’t

use a device while operating a motor vehicle that falls under the broader Executive Order

Organizations that Started Survey (n = 70)

Percentage that “Text” while Driving Under Executive Order (n = 24)

List of Devices Used (n = 24)

n = 24

Tasks Performed

• Communicate to coworkers to use time more efficiently – Email, SMS for business purposes– Email, SMS, but we are supposed to pull off the road after receiving a

message– Answering important phone calls on the spot

• Engineers focused on vehicle safety research testing differential GPS data corrections and vehicle to vehicle (V2V) data exchanges

• Mobile data computers used to display demand response routes– The drivers have been instructed to only use the device if they are

pulled over to the side or off road and the vehicle is in park

• Use of sales management tools

Importance of Using Device While Operating a Motor Vehicle as it Relates to your Organization’s Operation (n = 24)

n = 24

Why are they Important?

• Communication with customers/co-workers (while en-route to a job site)

• Timely response to client messages is very important for client-based business

• To avoid paper maps• Traffic signal alerts over Smart Phone• V2V communicate position/speed to each other• Real time information about customer pick-up

and drop off locations

If prevented from using devices while operating a motor vehicle, my organization’s operation stands to degrade (n = 24)

n = 24

Please describe how your organization will be affected by the Executive Order texting ban

• Not be able to respond to issues with traffic signals within the City in a timely fashion

• Decreased turn-around time for our service and sales calls

• Cancel research on V2V• Go back to driver hand-writing information

down• Not meet a deadline

My organization just implemented, or is about to implement, a new procedure that hinges on “texting” while operating a

motor vehicle (n = 24)

n = 24

Please describe the new procedure and the effect the Executive Order texting ban will have on it

• New product allows sales people to hear their messages while they drive

• V2V will violate texting ban

Personal Implications

The Executive Order texting ban while operating a motor vehicle will degrade my productivity at work (n = 24)

n = 24

"I am likely to miss a business opportunity if I do not “text” while operating a motor vehicle (n = 24)

n = 24

If I do not 'text' while operating a motor vehicle, I believe that my employer/customer suspects that I am not working (n = 24)

n = 24

Please indicate how often you pull off the travel portion of a public highway to “text”

n = 24

If you do pull over to "text", please indicate where you are most likely to stop

n = 24

Please rate how acceptable it is to arrive to work late as a result of pulling over to "text" on your journey to work

n = 24

The NHTSA Sample Texting Law would impact my organization less than the Executive Order

n = 24

Summary

• Polarization in responses – “For” and “Against” Texting Ban

• Texting allows increased productivity and delivery of safety solutions

• Texting also increases crash risk if driver doesn’t pay attention to roadway

• NHTSA Sample Law more acceptable than Executive Order

Next Focus

• Can a solution be found?– Need a way to allow ubiquitous computing to

continue while not increasing distraction– Until vehicles are fully automated, a need for

auditor and haptic (touch) interfaces to delivery information may be required