I would say that such a law, when being written, should maintain the original mindset as described in this comment of mine. What I mean by this is to say "whenever you are driving" does not cover the situations in which there would never be (or, at least, extremely unlikely to be) any harm to another except yourself, or those consenting. An example of this woud be offroading -- perhaps you were implying for such laws to only apply when driving on public roads, but this wasn't specified explicitly, so I'm making assumptions.