As our society inevitably changes, new legal issues arise. When texting while driving became more and more common, the police started giving out tickets for Driving Without Due Care and Attention to texting drivers. This was happening long before there was legislation regarding using an electronic device while driving. Because of new technology, the police in BC adapted by using the laws that fit. The police were reacting to change.
The police were well ahead of politicians who generally work for the reward of more votes. With smart phones a technological change caused a change in driving behaviour that was met by police enforcement using the tool they had, i.e. a Violation Ticket for Driving Without Due Care.
By the time BC politicians introduced legislation to specifically prohibit using an electronic device while driving, they knew that they could use the new law to win votes from the people who actually vote. People under the age of 30 generally don’t vote. People over the age of 30 are much more likely to vote. Which group is more likely to text and drive?
A few years on we see some interesting developments: older people now seem to suddenly have iPhones; and people are holding their phones down at their crotch to text and drive.
The fact that old people are buying iPhones means not only that iPhones are no longer cool, but that confused over-30 types are now driving around while texting. We see this as we look out of our office windows in downtown Vancouver.
As for crotch texting, this has become such a significant problem that the Alberta Government is now running a goofy ad campaign to try and get people to look at the road instead of their smart phone. In this case the change of behaviour came because the Alberta Government implemented laws to prohibit texting while driving.
Texting drivers are simply reacting to change in the laws. When they introduced these laws the Alberta Government failed to anticipate that the reaction would be that drivers would no longer simply be distracted, they would actually take their eyes from the road and look to between their legs.
In the next few blog posts we hope to cover a number of instances where people are reacting to change in ways that were unanticipated and the implications for our society and the law.