Current Motorcycle Related Information in SC

Current Motorcycle Related Information Why is driving such a problem for humans?

We have spent years at our statehouse on distracted driving legislation. We have many in our ranks that have been personally affected by distracted drivers and some have lost their lives. Sometimes and want to make sure this is not always I get a person that feels making tougher laws on drivers and even requiring them to pay attention to the road is a violation to their rights. Below is a very good summary of what I call “Whose Rights Are Right” written by Del Ahlstedt about this subject.

Why a Hands-free law doesn’t violate individual rights – By Del Ahlstedt, A Libertarians View

As a Libertarian I believe in Individualism, Individual Rights, Spontaneous Order, The Rule of Law, Limited Government, Free Markets, Production, Natural Harmony, and Peace. While I am strongly against intrusive law’s I see the “hand’s free” issue from the Individual Rights and Rule of Law perspectives.

A quick summary of these 2 key concepts:

Individual Rights - Individuals have a right to be secure in their life, liberty, and property. These rights are inherent in the nature of human beings. They are not granted by a ruling entity (government). Rule of Law - Liberty under law, where individuals are free to pursue their own interests if there is respect for the same rights of others. This rule of law means that individuals are governed by generally applicable and spontaneously developed legal rules, not by arbitrary commands.

So how does this apply to a “hand’s free” law. Unlike laws that impose limits on an individual’s actions when the action does not affect another individual’s rights, like a helmet law. A “hand’s free” law protects the individual from an action by another that may have a direct impact on the right to be secure in their life. An individual who is holding any device in their hand creates a self-imposed handicap in the event of an emergency or need to fully control a 2-ton motor vehicle. This handicap is commonly captioned as “distracted driving”. While there is limited data on the actual effect of “hand’s free” law’s it is reasonable to see that any activity that increases the risk of harm to another individual is violating that individual’s Individual Rights.

Next is the need to assure that an individual doesn’t violate another individual’s rights. Thus the “Rule of Law”. To be fair the law needs to be specific in definition, with penalties that provide proactive adherence. Again, this law is to protect an individual from the adverse impact of an other’s actions. Hence there is no violation of natural rights, only a protection from interference in the right to be secure in their life.

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Legislative Coordinator Assistant Legislative Coordinator (803) 556-2354 (803) 491-5145

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