Kiwi Polemicist

November 7, 2009

• Cellphones aren’t allowed while driving, you naughty children

The police state has slain another freedom: now talking on a hand held cellphone whilst driving is illegal [1]. This is from the NZ Herald:

For frontline road police such as Sergeant Ashley Gore, the ban on using hand-held phones while driving could not have come soon enough.

“We have been waiting for the cellphone ban to come in because we have seen a lot of bad driving and so many near-misses,”

Naturally the policeman and the NZ Herald trumpet the party line, whilst ignoring the fact that talking on a hands free phone while driving is about as dangerous as talking on a hand held one.

The NZ Herald goes on to say

Even before the ban, police were able to charge motorists caught driving erratically while on the phone with careless use of a motor vehicle.

Great, so now if you drive erratically whilst talking on a hand held cellphone you can be prosecuted for two offences instead of just one [2]. That’s like having state executions where they shoot people twice in the head despite the fact that once would suffice.

The cop’s statement typifies the attitude of those people who rule this country:

We have been waiting for the cellphone ban to come in because we have seen a lot of bad driving and so many near-misses

The key phrase there is “near misses”. Most of the time people manage to talk on a cellphone without causing any problems, but the state punishes the majority in order to ‘protect’ them from the minority [3]. Again and again our masters see something that causes occasional problems and they decide that it must be made illegal in order to maintain social order and justify their parasitic careers. It Is Important To Be Seen To Be Doing Something is their motto. It’s the same with the anti-smacking law: a tiny minority of people beat their children to a pulp so giving a swat on the rump steak was made illegal for everyone [4].

Here’s a better way. Talking on a cellphone while driving doesn’t violate the non-aggression axiom, so make it legal. At the same time, bring in restorative justice so that those who damage person and/or property as a result of driving whilst talking on a cellphone bear the full cost of the consequences of their actions, including medical care for the injured [5]. At present the cost of medical care for the injured is borne by every taxpayer, so offenders are shielded from the consequences of their actions. When people see what the potential cost of driving whilst talking on a cellphone is – far, far greater than a $80 fine – the sensible ones will stop the practice. The foolish ones will continue their habits no matter what system is in place, but at least with my plan they will receive a huge and just self-inflicted punishment rather than a paltry $80 fine from the state.

Making people bear the full cost of the consequences of their actions is a fair and just way of reducing the dangerous practice of driving whilst talking on a cellphone. It is also consistent with the laws of nature: when a child puts his hand on a hot stove the pain teaches him to stay away from hot stoves.


Related posts:

The NZ Herald delivers state propaganda

What is a “social contract”?

Referendum on anti-smacking law: John Key gives the finger

1. Arguably it’s not a slaying of a freedom, but rather a removal of a permission. Experience shows that any ‘freedom’ we have only exists because the state allows it to exist. If you have trouble believing this, consider the fact that the state can take your house and property at any time, it can take your children if abuse is even suspected, it can force medical treatment upon you and your children, it controls what you put into your body, and it can take as much of your money as it wants to. New Zealanders have no legal means with which to to control the government, therefore the government is the de facto absolute ruler over them. You are a vassal, a pawn controlled by the state.

2. You can also be prosecuted if the phone is not ‘secured in a mounting fixed to the vehicle’. That’s right, you can’t put the phone on the seat beside you and use a hands free kit. For the full details see clause 23 here (PDF 96KB). The plain-English version (it’s as close to plain English as a bureaucrat can get) is here.

3. Who needs enemies when they have friends like that? The ban on using cellphones whilst driving is fundamentally a violation of property rights, i.e. it violates your right to do whatever you like with your property unless you violate the non-aggression axiom in the process. Think about it: Nanny State (Big Brother’s sister) is sitting in the back seat of your car and telling you that you cannot pick up the cellphone that you own.

4. That was one of the publicly stated motivations for the anti-smacking law. Here’s my version: our masters believe that smacking is wrong so they force everyone to parent as they do. This action arises from their conviction that every child is the dominion of that state not the dominion of their parents (as shown by the fact that parents must get permission from the state before they can home school their children). See footnote 1.

5. If someone is killed the offender should provide for that person’s dependents, providing what the deceased would have otherwise provided. At present every taxpayer bears the cost of providing for the dependents (via the welfare system) and therefore the offender is shielded from the consequences of his actions.




  1. Thanks for the link to the amendment. I cannot believe the hypocrisy of the police in that they are allowed to make cell-phone calls while driving, and that ordinary citizens are not. If it is unsafe, it is unsafe for everyone at any time….

    Comment by Johnnieboy — November 16, 2009 @ 10:36 am

  2. […] justice, road safety, transport rule — Kiwi Polemicist @ 7:34 am In my earlier post titled Cellphones aren’t allowed while driving, you naughty children I slammed the recent law which made driving while using a cellphone illegal and proposed a better […]

    Pingback by No need to make cellphone use while driving illegal « Kiwi Polemicist — January 4, 2010 @ 7:35 am

  3. [ad hominem deleted] These are people’s lives at cost here and you’re trying to justify keeping cellphone use legal by upholding some American-neoconservative obsession over the government not interfering in any aspect of your life. Well guess what, governments and laws and taxes are at least in some part necessary for a functioning society. If they didn’t exist, the rich and powerful could have complete control over the disadvantaged masses. Governments need to help people who can’t help themselves – they need to make rules so that we’re safe. Call me a socialist but I’d really like it if every person was allowed basic human rights and liberties (remembering that crashing a car while txting is not a basic human right or liberty) – something that is impossible without governemnt regulation of some aspects of our lives. And furthermore, don’t talk about the government as though they’re some extra terrestrial being that is completely seperate from anyone it supposedly represents. You can vote in elections, referendums, polls. You can say whatever right wing codswallop you like on your blog. You can take part in protests. You can even *wait for it* become part of the evil government you so desperately hate (not that they actually let child murderers into parliament these days). And you may care to notice that the governemnt isn’t hunting you down and killing you because of it. In summary, stop pretending like there’s some communist plot to take away all your important liberties like getting yourself killed calling up your accountant. And what’s more [ad hominem deleted] Love from the voice inside your head

    Comment by The voice inside your head that says 'Wait a second there are other people in the world besides me' — April 12, 2010 @ 12:50 am

    • Thank you for your comment. I do not agree with what you say, but I will continue to defend your right to say it.

      Comment by Kiwi Polemicist — April 29, 2010 @ 10:20 am

  4. That’s like having state executions where they shoot people twice in the head despite the fact that once would suffice.

    Now you have to love that one KP

    Comment by ThndrBrd1 — September 25, 2010 @ 9:25 am

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