Drivers who talk on hand-held cellphones or conduct other distracting activities will soon be subject to a fine in the province after the passing of new distracted driving legislation last month. Bill 16, the Traffic Safety Amendment Act, also restricts activities like texting, reading, writing, personal grooming and puts restrictions on using other electronic devices while driving.
“It passed, and it had lots of pretty good debate,” said Little Bow MLA Barry McFarland. “Basically, everyone supported it. I was dead set against it a couple of years ago, and then all the driving I do, you start really watching and you see that some people that abuse it are making it so that now everyone gets to pay the penalty — kind of like the bad kid in school, instead of him getting detention, everyone else has to stay in class. I understand, and that’s just fine, but I’ve got this gnawing feeling in my gut that a very small number of police officers might decide to use this as a tool, like a very small number might misuse photo radar — it’s an easy cash cow, so let’s sit on the hill and catch everyone on the curve coming downhill.”
The legislation permits the use of hands-free phones, and radio communication devices such as CB radios are allowed for commercial and search and rescue purposes. Drivers may also use hand-held devices to contact emergency services, such as 9-1-1, and Bill 16 does not affect the official duties of emergency service personnel.
The new distracted driving offence will carry a proposed fine of $172 with no demerit points, and drivers engaged in any of the identified activities can be charged under the law. In addition, a distracted driver could face other charges if they commit other violations.
Bill 16 will complement the current driving without due care and attention law, an offence with a fine of $402 and six demerit points. McFarland appreciated the intention to introduce drivers gently to the law.
“I think the general intent is good. I really like the idea that they were going to give a grace period. I think that will go a long way. No doubt there’s going to be lots of guys dropping cellphones between their legs when they see the policeman, but better that than the consequences.”
Bill 16 will come into force upon proclamation, with an anticipated grace period when drivers will receive an explanation of the legislation and a warning. Sgt. Tom Cooke of the Taber/Vauxhall RCMP detachment illustrated the danger involved in distracted driving.
“I agree, Bill 16, is a good thing. We should remember while driving, our attention should be focused on the task at hand. Taking your eyes off the road for just seconds, especially during this time of the year, can cause a serious collision that could change your life or the life of someone else forever.”
Cooke acknowledged the criticism that hands-free devices may often be a comparable distraction.
“Hands-free cell phones are still a distraction in my opinion, but this is a better alternative than not using hands-free.”
Bill 16 should make it easier for officers to deal with situations involving distracted driving, Cooke added.
“This legislation will make enforcement for police officers easier. If you are caught talking on a cell phone, texting, reading, personal grooming while driving, then the offence has been set out and you will receive the appropriate violation ticket for your actions.”
The $172 fine should have the desired effect.
“I think the $172 fine will be a sufficient deterrent for most, but I'm sure like everything else, there will always be people that really don't care and they will continue no matter what,” said Cooke.
We all need to be vigilant maintaining safe driving skills, especially during winter, added Cooke.
“We should remember one thing, when we did our road test to obtain our drivers licence, for some of us it's been a while, and for some it's just been recently, I can tell you, we were not driving with the examiner sitting next to us, while we were talking on our cellphone, texting, playing with the radio, so why do we think it's OK to do it now? Holding a drivers licence is not a right, it's a privilege that comes with conditions, that we all should follow for the safety of everyone.”
The new legislation is expected to take effect by the middle of 2011, with the province launching a public education and awareness campaign in coming months. For more information on the new distracted driving legislation, visit www.transportation.alberta.ca.