I sort of agree. In an ideal world the only criteria would be how much competence and attention the driver has, and that being objectively measured.
But people have made the same argument about drinking ‘I drive better after 3 drinks than some people do sober’, and it holds zero legal weight.
Nearly every law leaves some similar situation unaddressed, but we still need laws. Maybe that 20 year old can drive better texting, but I’m not willing to bet my life, or the lives of my loved ones on it, and how to objectively discriminate between the 20 year old who CAN and the 23 year old who can’t?
Once you accept authoritarian principles, this becomes easy. Every car gets a camera built in, recording the driver, and putting the data in a black box. If there is an accident, the black box shows what the driver was doing, if it was something in a list of “things known to distract drivers”, we charge them.
But who wants their car recording stuff like speed and the driver?