Law in Contemporary Society

View   r15  >  r14  ...
BrandonGeFirstPaper 15 - 14 May 2010 - Main.BrandonGe
Line: 1 to 1
 
META TOPICPARENT name="FirstPaper"
Changed:
<
<

Social Norms and Improving HOV Lane Violation Rates

>
>

Social Norms and Increasing Compliance With HOV Restrictions While Decreasing Police Enforcement

 
Changed:
<
<
-- By BrandonGe - 26 Feb 2010
>
>
-- By BrandonGe - 26 Feb 2010, Revised 13 May 2010
 
Changed:
<
<

Introduction

>
>

The Destination

 
Changed:
<
<
HOV lanes were created in the 1960s and 1970s in response to rising foreign oil prices and the consequent desirability of lowering gas consumption. Creation of the lanes became popular among cities to encourage carpooling, thereby increasing person throughput and road capacity, and improving air quality. Some have criticized HOV lanes as actually lowering road capacity and increasing overall congestion. Proponents point to the development of "slugging," an organized system of taking advantage of HOV lanes, as evidence of effectiveness.
>
>
High occupancy vehicle (HOV) lanes were created in the 1960s and 1970s in response to rising foreign oil prices and the consequent desirability of lowering gas consumption. Creation of the lanes became popular among cities as a way of encouraging carpooling, thereby increasing person throughput and road capacity, and improving air quality. Although HOV lanes have possible benefits, much of this potential has not been realized because of the difficulty in enforcing lawful use.
 
Changed:
<
<
Although it appears that HOV lanes can potentially be very beneficial, much of this benefit has not been realized because of the difficulty in enforcing lawful use. Violation rates are high throughout the country and problems inhere in human enforcers trying to distinguish violators from innocent carpoolers in moving vehicles travelling on high-traffic highways. Because enforcement is difficult and costly, I propose that cities should focus more on creating social norms and stigmatizing cheating in achieving higher compliance with HOV lane rules (a theory that has also been described by Professor Strahilevitz)
>
>
Violation rates are high throughout the country. Problems inhere in human officers trying to distinguish violators from innocent carpoolers in moving vehicles on high-traffic roads. Occupants such as babies and nappers are hard to see with the naked eye. Further complicating matters, some states, such as Arizona, have allowed owners of certain hybrid vehicles to apply for special license plates that let them use HOV lanes regardless of occupancy. Police officers can also be counterproductive. The draw of HOV lanes for carpoolers lies in their faster transit times, but officers slow traffic, both because many drivers slow down when they see a police car, and because suitable enforcement areas are often unavailable.
 
Changed:
<
<

Enforcement Methods

>
>
Because police officer enforcement is so inefficient, the ultimate goal should be increasing compliance with HOV lane rules while decreasing reliance on police enforcement as much as possible, allowing deployment of officers to more productive areas. To achieve this, I propose that we focus on creating a social norm and stigmatizing violation of HOV lane restrictions (a theory that has also been described by Professor Strahilevitz).
 
Changed:
<
<
A commonly proposed solution is devoting more patrol time to enforcement. This fails as a long-term solution. It can be difficult to see whether a particular vehicle is in compliance with HOV lane rules. Occupants such as babies and sleeping passengers are hard to see with the naked eye, especially when they are inside a fast-moving vehicle. Further complicating matters, some states, such as Arizona, have allowed owners of certain hybrid vehicles to apply for special license plates that let them use HOV lanes regardless of occupancy. Devoting more police officer time to enforcement can also be counterproductive. The draw of HOV lanes for potential carpoolers lies in their faster transit times, but police officers often slow traffic because many drivers slow down when they see a police car ahead. Lastly, many object to devoting valuable resources to enforcing relatively innocuous HOV lane violations.
>
>

The Vehicle

 
Changed:
<
<
Many also propose increasing fines and making sure drivers know of the high fines in an effort to deter violators.
>
>
One proposed fix is increasing fines, a solution that has helped decrease HOV violation rates in parts of the country. But imposition of draconian fines with only sporadic enforcement is often ineffective (see, for example, cheating in academic settings and the RIAA's difficulties in its battle against music piracy). To be effective, such a method must be complemented with more-than-sporadic police enforcement. Although greater fines would help offset the cost of enforcement, as well as give officers an incentive to be more diligent in catching violators, this is still not an optimal solution if the goal is to reduce the need for police enforcement as much as possible. Furthermore, extremely high fines may have the counterproductive effect of decreasing public support for HOV lanes.
 
Changed:
<
<
Most alternatives are flawed. Barriers between HOV and unrestricted lanes can increase the effectiveness of police officer enforcement, but may lead to slower transit times in the HOV lane, as the effect of one slow driver is amplified. Also, the lower number of exits and entries for the HOV lane would discourage use even by carpoolers. Video and photographic surveillance is fraught with inaccuracies since it often cannot detect children and sleeping people.
>
>
Barriers between HOV and unrestricted lanes can increase the effectiveness of police officer enforcement, but may lead to slower transit times in the HOV lane because of the amplified effect on traffic of slow drivers and officers writing citations. Also, the lower number of exits and entries for the HOV lane would discourage use even by legitimate carpoolers.
 
Changed:
<
<

Success of the FasTrak Program

>
>
Cameras, although potent speeding deterrents, are far less effective in deterring HOV lane violations. Factors that complicate detecting the number of occupants in a vehicle are the speed of the vehicle, suboptimal lighting conditions, obstacles like headrests and windshields, and the size and position of occupants (for example, babies and nappers). Infrared technologies are riddled with similar problems. Even if an accurate technology were to develop, it would likely be prohibitively expensive, at least in the foreseeable future, given that there are thousands of miles of HOV lanes in the US.
 
Changed:
<
<
One successful solution has been the creation of a high occupancy toll (HOT) lane by allowing solo commuters the option to buy their way into the HOV lane. San Diego did this with their FasTrak program, launched in 1996, and it has resulted in an increased number of carpoolers and decreased violation rate. Although patrol presence increased with the launch of the program, this cannot fully explain these successful results since historically, violation rates had not fallen and risen with the level of enforcement. What explains these results?
>
>
One successful solution has been the creation of a high occupancy toll (HOT) lane by allowing solo commuters to buy their way into the HOV lane. San Diego did this with their FasTrak program, launched in 1996, resulting in an increased number of carpoolers and decreased violation rate. Although patrol presence increased with the launch of the program, this cannot fully explain these successful results since historically, violation rates had not fallen and risen with the level of enforcement. Additionally, allowing solo commuters on the HOV lane makes distinguishing violators more difficult since one now must look for a transponder instead of additional occupants, so logic would seem to dictate that fewer drivers would be deterred from unlawfully using the HOV lane. So what explains the results?
 
Changed:
<
<

Social Norms

>
>

The Route

 Social norms can be an effective, low-maintenance way of encouraging people to act in certain ways. In class discussion and in the literature, it has been suggested that social norms play a role in homeowners continuing payments even when it is advantageous to walk away. There is a social stigma attached to foreclosure. We have also seen this with seat belt laws. It was only a few decades ago when few people wore seat belts. But because of seat belt laws, use of seat belts became so widespread that now many people buckle up upon sitting in a car without thinking twice. Other examples of social norms people generally adhere to without enforcement include not cursing in front of children, recycling, and leaving a tip after a meal in a restaurant.
Changed:
<
<
There is already a social deterrent from violating HOV lane rules in areas that have not implemented a program similar to FasTrak. Violators frequently get dirty looks and honks from carpoolers. This, coupled with the volume of people a violator drives past during a traffic jam, can be a powerful deterrent for some (this is the main deterrent that I consider when driving solo). However, given the unpopularity and emptiness of many HOV lanes, there is still a high rate of violators who believe they are doing a social good in violating what they consider a stupid law.
>
>
There is already a social deterrent from violating HOV lane rules in areas that have not implemented a program similar to FasTrak. Violators frequently get dirty looks and honks from carpoolers. This, coupled with the volume of people a violator drives past during a traffic jam, can be a powerful deterrent for some. Nevertheless, given the unpopularity and underutilization of many HOV lanes, there are still many HOV lane violators who believe they are doing a social good in violating what they consider a stupid law.
 
Changed:
<
<
The FasTrak program has created a social norm against cheating. The popularity of the program, the stupidity of violation and risking hefty fines, and the availability of meaningful alternatives have helped create a community-wide stigma against violation. As violation rates decrease further, it becomes internalized that cheating is socially unacceptable, eventually reaching a point where people adhere to the rules voluntarily and with little enforcement. Guilt becomes the deterrent.

HOV lane enforcement is costly and ineffective. Thus, creation of a social norm that produces guilt in violators will be the main factor in improving nationwide compliance with HOV lane rules.

>
>
The popularity of the FasTrak program, the stupidity of violation and risking hefty fines, and the availability of meaningful alternatives have helped create a community-wide stigma against violation. Additionally, increased difficulty in distinguishing violators creates an illusion of higher compliance. As violation rates decrease further, it becomes internalized that cheating is socially unacceptable, eventually reaching a point where people adhere to the rules voluntarily and with little enforcement. Guilt becomes the deterrent. Thus, creation of a social norm that produces guilt in violators should be the focus moving forward in improving nationwide compliance with HOV lane rules.

Revision 15r15 - 14 May 2010 - 08:08:53 - BrandonGe
Revision 14r14 - 14 May 2010 - 04:17:29 - BrandonGe
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
Syndicate this site RSSATOM