Recommendations

Several options are available for addressing the underlying policy concerns.

Representatives could support the current state of affairs.  While it is true that cell phones are dangerous distractions for motorists, they are not unique in this regard.  This approach averts the potential racial disparity of the policy's impact and avoids concerns about racial profiling.  Additionally, It would save costs in enforcement.  However this would not improve actual motorist safety, nor would it address the rising concerns regarding the use of cell phones by motorists.  

On the other hand, representatives could support the legislation as it currently stands.  This responds directly to safety concerns of drivers, by limiting a particular distraction of new drivers, a group already considered less safe by many motorists.  Additionally, this is a politically appealing option because its burden is born by a small group that is largely composed of non-voters.  The proposed legislation is well targeted in that it affects all cell phone use, including hands-free cell phones, and that it applies to new drivers, who are less safe while using cell phones than experienced drivers.  However, cell phone users may well substitute other activities that are at least as dangerous while driving.  Concerns over racial profiling could be addressed by amending the bill to mandate the gathering and publishing of additional data on related law enforcement action.  This option could establish a precedent to extend the legislation to cover all drivers.

Alternatively, representatives could attempt to address the problem by informing the public more fully.  They could amend the driver's education materials and programs to include more information on the possible consequences of distraction, as well as sources of distraction.  Additionally they could attempt to mandate the inclusion of this information in the test to acquire a permit, thereby targeting new drivers.  Programs to train drivers to deal with distractions could be provided.  Incentives, such as reduced fines or points, could be used to encourage drivers, particularly those who had recently been in accidents, to attend.  These options would involve less disruption and exercise of authority, would likely be less expensive, and less contentious.  Additionally this could address other distractions, thereby possibly leading to greater road safety than if the current legislation were passed.  This option also avoids both the perception and the actuality of disparate impacts and greater racial profiling.