Legislature(2005 - 2006)
04/01/2005 02:09 PM House JUD
| Audio | Topic |
|---|---|
| Start | |
| HB54 | |
| HB184 | |
| HB12 | |
| Presentation on Sex Trafficking by Leslie R. Wolfe, Ph.d., President, Center for Women Policy Studies | |
| HB148 | |
| HB101 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 12 - TVS AND MONITORS IN MOTOR VEHICLES 2:52:15 PM CHAIR McGUIRE announced that the next order of business would be HOUSE BILL NO. 12, "An Act relating to televisions and monitors in motor vehicles." [Before the committee was CSHB 12(STA).] 2:52:47 PM DAVID WEIZER said he supports HB 12 on behalf of [himself,] his brother Martin Weizer, sister-in-law Bethany Weizer, and his recently deceased parents, Bob and Donna Weizer. He relayed that on October 12, 2002, his parents were killed in a horrible vehicle accident when they were hit head on traveling southbound on the Seward highway, and that there was nothing left of their vehicle after the ensuing fire. Charges of second degree murder were brought against the driver of the other vehicle when the Alaska State Troopers determined that he had possibly been watching a DVD movie while driving. The driver, however, was acquitted of all charges, and the trial was of interest nationwide. He characterized the legislature as working on the vanguard of legislation pertaining to a nonpartisan issue - that of "our collective safety on the roads of this nation with drivers confronted by increasing and, in many ways, preposterous distractions." MR. WEIZER said the questions become: what societal benefit is provided by full-motion video in the front of a vehicle for entertainment purposes; what sane individual makes the argument that he/she should have the right to watch a video while driving; and what corporate interest would argue against severe penalties for violating the inherent safety features they themselves design into their own products. In answer to those questions, he said, "We would argue, 'None; we all have to drive the roads of our nation together.'" He noted that the driver of the other vehicle began his defense in the trial by admitting that he installed a DVD player in the front of his truck in such a way that it would play while the truck was moving, but argued that there was nothing wrong or illegal with having done so, and that he did it because " it was just easier." Mr. Weizer noted that in addition to the movie "Road Trip" being found in the driver's DVD player, he also had "a gaming station fully wired into the floor" of his truck. MR. WEIZER relayed that the jury found reasonable doubt that the driver was watching the DVD at the time of the accident and that such was the state's burden to prove in a murder trial. He opined that the legislators' burden is to reasonably believe that the driver was watching a DVD while driving and that others do as well every day. In reaching such a conclusion, he remarked, the legislature has the power to prevent the type of upheaval that his family suffered in the wake of the driver's acquittal of all charges. "You have the power to set an example for our nation," he said, adding, "My parents were on their way to celebrate their upcoming retirement, but they never made it; they were 26-year residents of Alaska, grandparents, law-abiding citizens, [and] over 450 people attended their funeral." MR. WEIZER concluded by saying that it is common sense that one should not drive while watching a video, but added that when that which is common sense not to do becomes common place - marketed by manufacturers and idealized on certain TV programs - it falls to the nation's legislators to influence and, when necessary, severely punish people's actions, especially when it results in injury, serious injury, or death. He asked the committee to support HB 12, said that [passage] of the bill will lead the way for legislators across the nation to enact similar legislation, and predicted that members will find support among their constituents for the bill. CHAIR McGUIRE, one of the prime sponsors of the bill, thanked Mr. Weizer for his testimony, relayed that she knew Mr. Weizer's family, and offered that many members of the legislature [did as well and] are sorry for his loss. REPRESENTATIVE GRUENBERG, one of the prime sponsors of the bill, said he appreciated Mr. Weizer's testimony, and thanked the bill's other prime sponsors and co sponsors. 2:59:51 PM DEBORAH CHORMANSKI HULL-JILLY, Acting Chief, Community Health & Emergency Medical Services, Division of Public Health, Department of Health and Social Services (DHSS), first relayed that the DHSS supports HB 12. She characterized the intent of the bill as one of striving to prevent motor vehicle accidents and their related injuries and deaths of vehicle occupants and pedestrians by giving law enforcement agencies the authority to cite drivers who are viewing entertainment devices. She expressed appreciation of Mr. Weizer's testimony, and then offered statistics. For example, research has shown that 25 to 56 percent of all vehicle crashes in the United States involve factors wherein the driver was distracted or inattentive in some fashion. MS. HULL-JILLY relayed that in 2002, a Gallup Poll survey regarding distracted and drowsy driving attitudes and behaviors found that 22 percent of the causes that led to a crash involved dealing with some form of technology within the vehicle, including cell phones, beepers, in-car navigation systems, Global Positioning Systems (GPSs), Internet and e-mail, radio, and other technology. Additionally, the National Center for Statistics and Analysis' (NCSA) Fatality Analysis Reporting System (FARS) listed driver inattention or inattentiveness as the primary factor in nearly 7 percent of fatal crashes in Alaska in 2003. MS. HULL-JILLY noted that the development of electronic devices for use in motor vehicles is a rapidly growing field, and the majority of manufacturers of in-vehicle entertainment systems have reviewed issues pertaining to driver distractedness and have included features to minimize distractions, such as locating the screens out of the driver's view, providing headphone jacks for the [other] occupants, and developing driver interlock systems that prohibit viewing while the vehicle is in motion. The need for the development of technology minimizing driver distractions, specifically those caused by in-vehicle entertainment systems, has been acknowledged by auto manufacturers. Other technological steps taken with the goal of minimizing driver distractions include minimizing hands-on/eyes- off-the-road time for adjusting features, simplifying or reducing the number of steps required to adjust the technology, and developing a common interface system for multiple devices. MS. HULL-JILLY remarked, however, that the research and development of such technology is lagging behind consumer demand. She noted that 38 states have some form of legislation banning front-seat entertainment systems, and that 12 states have similar laws pertaining to televisions and monitors in motor vehicles but exempt GPSs and driving-direction systems. Consumers can now purchase and install in-vehicle entertainment systems in vehicles not already equipped with such, and in so installing can bypass the equipment's safety devices and manufacturer recommendations. Additionally, it is possible to modify moving map displays so that movies and DVDs can be viewed by the driver; directions for such modifications are available on the Internet, as is information regarding how to disengage/circumvent an in-vehicle entertainment system's built- in safety features. In conclusion she noted that contrary to manufacturers' recommendations to not engage in certain activity while driving, it is still possible to use a portable computer for various applications such as listening to music and viewing GPS, "map" software, or movies. [HB 12 was held over.]
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