Transcript Countering Distracted Driving and Promoting Green

Countering Distracted Driving and
Promoting Green Transportation
Act, 2008
SMARTRISK LEARNING SERIES
January 29, 2009
Context
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Transport Canada estimates that driver
distraction is a contributing factor in about 20
per cent of all collisions in this country.
Research shows the most frequent distraction
for drivers is the use of a hand-held wireless
communication device.
Two key studies (1997, 2005) have shown
there is a four-fold increase in collision risk
when drivers use cell phones.
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Bill 118 – Inter-Ministerial
Consultation Process
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MTO held inter-ministerial consultation sessions on the proposed
items in Bill 118 that included:
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Ministry
OPP)
Ministry
Ministry
Ministry
Ministry
Ministry
of Community Safety and Correctional Services (including
of the Attorney General
of Health and Long-Term Care
of Municipal Affairs and Housing
of Health Promotion
of Education
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Bill 118 – Stakeholder Consultation
Process
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MTO held several external stakeholder consultation sessions on the proposed
items in Bill 118 including, but not limited to:
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Ontario Association of Chiefs of Police
MADD Canada
Insurance Bureau of Canada
Canadian Automobile Association
Association of Municipalities of Ontario
Traffic Injury Research Foundation
Ontario Students Against Impaired Driving
Ontario Community Council on Impaired Driving
Canadian Wireless Telecommunications Association
Ontario Trucking Association
Ontario School Bus Association
Ontario Motor Coach Association
Driving School Association of Ontario
Smartrisk
Ontario Safety League
Canada Safety Council
Canadian Courier and Logistics Association
Association of Canadian Car Rental Operators
MTO is continuing to work with our road safety partners on these initiatives.
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Status of the Bill
 Bill 118 was introduced on October 28, 2008.
 The Bill carried at second reading and was ordered
referred to Standing Committee on General
Government, which will hold public hearings the
week of Feb. 9, 2009.
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What would be prohibited?
Driver would be prohibited from:
 Use of hand-held wireless communications devices,
such as cell phones, satellite phones and BlackBerries
 Use of hand-held electronic entertainment devices,
such as iPods or other portable MP3 players,
PlayStation Portables, Game Boys
 Texting and emailing while driving
 Viewing display screens on devices unrelated to
driving, such as laptop computers or DVD players
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What would be allowed?
 Use of hands-free wireless communications devices with an earpiece or
Bluetooth device
 Pressing the button of a hand-held device secured in an accessible place
to activate hands-free mode for an incoming or outbound call
 GPS units mounted on a dashboard
 Calls to 911
 Use by emergency services personnel (police, fire and ambulance) in the
normal performance of their duties
 Logistical transportation tracking devices used for commercial vehicles
 Collision avoidance systems
 Instrument display screens that provide drivers with information regarding
the operation of the vehicle
 Use of any of the restricted devices if the motor vehicle is pulled off the
roadway and not impeding traffic or lawfully parked
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Supporting Regulation
 If the law is passed, it will require a supporting regulation to
describe the exemptions. MTO will consult with Ontario
ministries, federal ministries and key stakeholders on the
contents of the regulation.
 The supporting regulation will be developed, if the bill passes,
and an outline of the regulation will be posted on the Ministry of
Economic Development and Trade Regulatory Registry for
public/stakeholder feedback.
 In addition, more formal consultations with stakeholders (both
within and external to the OPS) will be held.
 Currently, MTO is reviewing requests for exemptions related to
the use of hand-held wireless communication devices or display
screens used for logistical purposes to dispatch, track and
monitor commercial drivers; similar requests have been received
on behalf of enforcement officers for some Ontario ministries
and the federal government.
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What are the penalties?
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General penalty in the HTA applies, with a fine range
of $60 to $500. No demerit points.
A driver may receive a ticket and could elect to plead
guilty and pay a set fine.
Drivers may also contest the charge in court.
In more serious cases, police officers may lay a
Careless Driving charge under the HTA or a
Dangerous Driving charge under the Criminal Code of
Canada.
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When would the law take effect?
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If the law is passed, a supporting regulation
is necessary to list and describe additional
exemptions. It is likely the ban would take
effect three or four months after passage of
the bill.
This will allow the general public enough time
to prepare for the ban by converting their
devices to hands-free use and allow the
police to prepare for the enforcement of the
new law.
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What are other jurisdictions doing?
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About 50 countries world-wide have now banned the use of hand-held
cell phones while driving, including the United Kingdom, Germany,
France, Japan, the Netherlands and Australia.
Three Canadian provinces -- Newfoundland and Labrador, Quebec and
Nova Scotia -- ban hand-held cell phone use by all drivers. Manitoba
introduced legislation in November 2008.
In April 2007, Prince Edward Island became the first Canadian
jurisdiction to ban only novice drivers from using hand-held cellular
telephones, headphones, mp3 players or any other hand-held
electronic device while operating a motor vehicle.
Five U.S. states (California, Connecticut, New Jersey, New York and
Washington), the District of Columbia and the U.S. Virgin Islands have
banned hand-held cell phones use while driving.
Eighteen states and the District of Columbia restrict cell phone use by
novice drivers.
In 17 states and the District of Columbia, school bus drivers are
prohibited from all cell phone use when passengers are present,
except for emergencies.
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Other forms of distraction
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In addition to the Bill 118 proposal, existing legislation
addresses distraction more broadly.
Drivers who fail to pay attention behind the wheel can face
severe consequences. They can be charged with:
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"Careless Driving" – if convicted, up to a $1,000 fine, six demerit
points, possible jail time and driver licence suspension.
"Dangerous Driving" – if convicted, up to a $2,000 fine and up to 5
years in jail.
A proactive and effective communication strategy and strong
support for enforcement will be key to the overall success of this
initiative.
We will use targeted public education to raise awareness about
the dangers of driver distraction, including both hand-held and
hands-free cell phone use, while driving.
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Next steps
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Gather feedback as this proposal goes to public
hearings and continues through the legislative
process
If the bill passes, conduct additional consultations to
develop the supporting regulation that will describe
specific exemptions.
Regulation development would take approximately 3
to 4 months.
During regulation development/amendment period,
undertake a comprehensive public education
campaign.
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