Highway Safety Provisions Embedded in Omnibus Bill

by Dick Hall-Sizemore

Included in the Governor’s omnibus transportation bill, discussed earlier here, are some major highway safety proposals that have proved controversial in the past.  The administration probably thought the chance of passage would improve if these proposals were wrapped up in a big package with lots of other stuff.

The items are the following (I have plagiarized Dave Ress’ well-worded summary in his Daily Press article):

  • No talking on a handheld cellphone while driving. (Currently, talking on a handheld phone is banned only in highway work zones. Typing or reading text on a handheld phone is banned anywhere.)
  • No open containers of beer, wine or liquor while driving. (Currently, you can’t drink while driving; the change would mean a fine of up to $250 just for having an open container in your car.)
  • Driving with your seat belt unbuckled would be a primary offense — that is, sufficient reason for a police officer to pull you over and give you a ticket. (Currently, you can be ticketed for this only after a cop has pulled you for some other violation.)

From my Soapbox

: My narrow libertarian streak leads me to oppose the open container and the seat belt provisions. It should not be illegal for a passenger to be drinking a beer. A drinking or drunk passenger does not pose a danger to other drivers. During her presentation yesterday to the House Appropriations Committee, the Secretary of Transportation got several questions about this provision. She justified the provision by pointing out that Virginia is penalized by the feds for not prohibiting open containers. She later admitted that the state does not actually lose the money; its use is restricted. (I think it must be used for highway safety programs). She wants Virginia to have unrestricted use of the money. I would not be surprised if this provision were stripped from the bill.

I don’t like the seat belt provision, either. If someone wants to risk his neck by not using a seat belt, she should have that right. Besides, I am not sure how the police could enforce this one; it is awfully difficult to tell if someone in a fast-moving car has her seat belt fastened. Also, if you don’t fasten your seat belt, your car will annoy you with those beeping noises. In summary, I don’t see the need for this provision. Ironically, it runs counter to Democrats’ other push to eliminate excuses for the police to stop drivers, especially black drivers. Cops could cite “suspicion” of a seat belt violation for otherwise stopping drivers.


Share this article



ADVERTISEMENT

(comments below)



ADVERTISEMENT

(comments below)


Comments

16 responses to “Highway Safety Provisions Embedded in Omnibus Bill”

  1. Steve Haner Avatar
    Steve Haner

    It will be interesting to see whether this Christmas Tree approach, hanging all these policy provision ornaments on a financing bill, helps or hurts its chances. So far, no problem. If it does work, that will become a common practice quickly. I’d prefer seperate proposals.

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      I just read that they have hung another, endangered ornament on the tree–a revised (2-year) vehicle inspection bill. The opposition to that one was apparently substantial enough that the administration decided it needed some protection.

  2. Dick, I’m happy to see that you have a little libertarian in you!

    Let’s explore the open container issue a bit more. There are plenty of people who drink way too much outside the car and then get in the car and drive. Under an open container law, would those people proceed to get even more plastered? Or is the fear that people might drive around and get plastered chugging beers while they’re driving? Or both? Can either fear be demonstrated empirically? Is there evidence to support either proposition, or are legislators basing policy on a hunch?

    As an alternative to prohibiting open carry, we could simply enforce drunk driving laws on the basis of the alcoholic content in the driver’s bloodstream. That would seem to be a pretty objective criteria. “Don’t drive with an alcohol level over 0.8” is easier to justify than “don’t have a drink because we’re worried you might get drunk.”

    1. “… is the fear that people might drive around and get plastered chugging beers while they’re driving? …”

      Who is it that said: “It will be found an unjust and unwise jealousy to deprive a man of his natural liberty upon the supposition he may abuse it.”?

      I’m pretty sure it was either Oliver Cromwell or George Washington, I can’t remember which.

  3. LarrytheG Avatar

    I thought I also read that speed cameras would be allowed in places where accidents are high.

    In terms of “Libertarian”, how libertarian is a law that says you ARE guilty of drunk driving if you refuse to a breath or blood test?

    I support the phone law. Every single day, I see people with their phones on their steering wheels – it’s like a disease. Perfectly normal people who have jobs and parental responsibilities that require good judgement and care – do really stupid things in a car – with their kids on board !

    Keep in mind, all that fancy data they are using in their anlysis of traffic – it’s coming from data from cell phones in each car!

    Finally, I do not think Northam himself is ginning up all these things. I think he does support them, but he’s got some folks on staff who have vetted them and formulated a strategy – in this case the “bundle” which may not be terrible if each of the provisions is negotiable or changeable or removable.

    Notice also, how all that blackface stuff is in the rear-view mirror except for some elephant types… 😉

    1. Steve Haner Avatar
      Steve Haner

      Yes on the speed cams, with tickets but no points, in highway safety zones…..

    2. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      You will notice that I did not object to the provision on cell phones. I do object to including it in a bill that also deals with highway financing, however.

  4. The proposed change to the state inspection law gets no ink from you guys. The current law is ridiculous. So are the fixes. They are talking about inspections every two years. A brand new car very seldom needs anything before 50,000 miles. Brake pads typically go 70,000 unless you brake hard. Our now three year old 2017 Honda has 61,000 miles on it and passed inspection with all original equipment. The initial inspection sticker should expire three years from the date of sale. Thereafter, the mileage on the car should be taken into account. Our car should thereafter be inspected every other year because we put 20,000 mi a year on it. If we put 40,000 a year, it should probably be inspected more frequently.

  5. Over the weekend, we were stopped twice for the same inspection sticker violation. The first time we were given a warning, the second time we simply show the warning to the cop, who did not give us a ticket but insisted that we had to get it inspected “immediately”. A coincidence? I’d like to think not, especially since I don’t believe in coincidences. State police have come out firmly for annual inspections and against any change. And then there was the comment in RTD from the head of the Virginia gasoline merchants that revealed the real issue in our most parochial and feudal of states: “17,000 (inspector) jobs will be lost”.

    Instead, we’re supposed to support a public policy that requires the performance of a useless task in order to preserve makework jobs and create opportunities for companies like Firestone and others to recommend expensive unnecessary work on your car. Am I missing something?

  6. LarrytheG Avatar

    Wait a minute Crazy – you had an inspection sticker violation? a rejection?
    please explain how that fits in with your premise.

    I pretty much agree with you and I am perplexed at the Conservatives who want to keep it – the ones who keep talking about the harm of regulations and now we hear that getting rid of the regulations will actually COST jobs!

    WHICH IS IT?

  7. LarrytheG Avatar

    How can it be that regulations cost jobs and getting rid of regulations also costs jobs?

    Can anyone explain this?

    😉

  8. Steve Haner Avatar
    Steve Haner

    I was asked on the radio today if the “real” purpose of the Governor’s opposition to inspections was that the expired stickers are used to pull over minority drivers. Kinda scoffed at that. But gee, CrazyJD may have a point….

    And Larry: During the GA session, the rules of economics are suspended and every bill both costs jobs and creates jobs. It’s a field day for shyster PhDs and pollsters….

  9. I oppose the seat belt and open container provisions.

    I have tamped down my libertarian tendencies enough to support a ban on cell phone use while driving (If you think people talking on their phones are a danger to you in your car, try dealing with them from the seat of a motorcycle).

    I agree with Mr. Hall-Sizemore, though – None of these things belong in a highway financing bill.

  10. Larry,
    I didn’t say anything about a “rejection”, I said “violation”. The sticker had expired last month and my wife didn’t catch it.

    Re: jobs not lost. It’s the result of what’s called “rent seeking”. You could look it up in your Funk and Wagnall’s. Car inspections in the initial years of a new car’s life are the definition of rent seeking. Inspectors making money off of useless tasks

  11. Think of it as a transfer payment from the taxpayer to card inspectors without any value-added.

  12. idiocracy Avatar

    The fact remains that without safety inspections, there are still people who would rather spend $16 on a case of beer instead of a set of replacement headlight bulbs. A safety inspection is one way to get these people to spend the money required to maintain their vehicle.

Leave a Reply