Thursday, January 17, 2008

Logic and policy.

Maybe those words don't go together, but you'd think the clever lawyers would take any opportunity to make their point. But then, maybe they don't want their point made.

Our town has a rule that a billboard can't change more than once a day - except for time and temperature. Unfortunately, the billboard companies claim the town doesn't have jurisdiction over state roads; which is just about all the roads that have businesses on them. So; first the "rotating triangle" billboards, and now, partial- or full-video boards are starting to proliferate.

I'm waiting for someone to hold the billboard companies liable for an accident because the driver was distracted by the motion. Their defense will be "our boards aren't a distraction." But I argue that any motion has to be categorized by the driver to decide whether it requires action and thus is a distraction.

Maybe we could compromise that a certain level of motion is not a distraction. Perhaps if the image changes no more than once during the time it typically takes a driver to pass.

But the companies are selling impressions - a car driving by while your ad is displayed. If you say they can only display an average of one ad while a car drives by, then that cuts their impressions by 50% - 75%. And if they are telling their customers that a certain number of people will see their ad, they are selling the fact of driver distraction. Or are they guaranteeing their customers a certain number of babies in their car seats?

The bottom line is: If the billboards aren’t a distraction, they aren’t doing their job. So anyone who has an accident in the presence of a billboard should be able to place some liability on the companies.

(c) 2008 Bill Barnes ... More like this: http://numbersforeveryone.blogspot.com/

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