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Distracted/Negligent Driving

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by

Vanessa Valencia

on 14 November 2013

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Transcript of Distracted/Negligent Driving

Distracted/Negligent
Driving

Driving While Intexicated!


Is there any text message that’s worth dying for? Similar to the hand-held device law, the seat-belt laws implemented in the 70’s also received negativity and resistance.
Increase fines significantly

Impound vehicles

Penalties similar to excessive speeders and impaired drivers

Make it as socially unacceptable as drinking and driving

Increase the point demerits for each ticket making driving suspensions delivered before 5 violation tickets
Image
Drivers who are engaged in the following distractions are more likely to be in a crash or near crash event compared with non-distracted drivers.

Text messaging on a cell phone —

23 times more likely
Talking on a cell phone —
4 to 5 times more likely
Applying makeup —
3 times more likely

Reaching for a moving object —
9 times more likely
Dialing on a hand-held device —
3 times more likely
Talking or listening on a hand-held device —
1.3 times more likely


1st offence: Fine not exceeding $1000 or jail up to 6 months or both

2nd and subsequent offence: Fine not exceeding $2000 or jail up to 12 months or both

Each offense accounts for 12 demerit points

It takes 24 demerit points to have license suspended for 3 months





1st offence: Fine not exceeding $167

2nd offence: Fine not exceeding $167

Each offence accounts for 3 demerit points.

It takes 15 demerit points to have license suspended for3 months


Emergency personnel being exempt from these laws conflicts intentions and sets a bad example

Officers use cellphones, two-way radios, laptops while driving at high speeds

Seeing enforcers of these laws blatantly violating them creates disdain between officers and motorists

Distracted Driving is defined as the act of driving while engaged in other activities such as texting, talking on a cellphone, eating and much more.

In January 2010, federal legislature prohibited the use of electronic devices while operating a motor vehicle. Such devices includes: cellphones, music players and gps devices.

Part 3.1 Of the Motor Vehicles Act states:

Prohibition against use of electronic device while driving
214.2 (1) A person must not use an electronic device while driving or operating a motor vehicle on a highway.
(2) Without limiting subsection (1), a person must not communicate by means of an electronic device with another person or another device by electronic mail or other text-based message.


All across Canada, similar legislatures such as the one in the Motor Vehicle Act of BC, has been implemented.

The use of electronic devices must be used in hands free mode, if it requires voice activation to accept or end a call.

The federal legislature further describes the use of GPS devices and audio players while operating a motor vehicle.
Federal Laws
The distracted brain
Distracted driving causes the brain to focus on two or more different tasks while driving

not all filtered information is encoded = lack of attention to critical warnings while on the phone

Processing information and the reaction time the driver makes to avoid a crash slows when the amount of information increases
Where a driver looks
without
using a phone
Where a driver looks
when
using a phone
Singapore British Columbia
Setting an Example
everyone has the right to be secure against unreasonable search and seizure.

An individuals rights are violated if a police officer demands to view a motorists cellphone, thus making it difficult to prove a hand held device was being used unless visual confirmation was acquired.

Section 8 of charter of rights states:
Case Law
In the Provincial Court of British Columbia
Solutions
launch education campaigns, hosting summits, and banning the usage of phones while driving.

Insurance Bureau of Canada: D.U.M.B.
R. v. Thandi
On July 31, 2012, IRSU were conducting a cell phone and seat belt monitor operation on Quadra Street at the south end of Tuxedo Drive in Saanich when, Mr. Thandi was seen using an electronic device while driving on a highway. Contrary to section 214.2(1) of the Motor Vehicle Act, states, “A

person must not use an electronic device while driving or operating a motor vehicle on a highway. In Mr. Thandi’s defense, it was his wallet that was in his right hand and not a cell phone. The court’s decision finds Mr. Thandi guilty beyond a reasonable doubt that he was using his cell phone when seen by CST LeBlanc. The total charge is the ticketed amount.
In 2010, distracted driving was a contributing factor in 104 collision fatalities in British Columbia (RCMP)

Distracted drivers are 3 times more likely to be in a crash than attentive drivers (Alberta Transportation, 2011)


Distracted driver fatalities have increased by 17% in Canada in the last 5 years

Distracted drivers currently cause more deaths than impaired drivers in three provinces, Nova Scotia, Saskatchewan and Ontario

Distractions that are applicable to the law include eating and drinking, however, it is rare for an individual to receive a ticket for this action, depending on an officers discretion, individuals can be fined if they are being unreasonable or unpractical while partaking in these activities.


some Common misconceptions of cellphone usage while driving
"I can call or text when stopped at a red light."

"The law is the same for all drivers."

"using the speakerphone is allowed."


Possible ways to decrease hand-held device usage while behind the wheel…
Issues and Challenges
-statistics are misleading because it is difficult to prove that a cellphone was the main factor in a motor vehicle accident

- still viewed as socially acceptable by age groups that dominate the roads and cellphone use.

- Tickets being handed out have increased rather than decreased in the last 2 years.

- easy to conceal the violation of this law, making it difficult for officers to prove guilt in the courts

- Traffic courts becoming backlogged causing tickets to be stayed

Resolving issues
- Police are turning to other motorists to have their passengers photograph a driver on the phone and photograph their license plate. asking these motorists to contact police and testify in court.

- Police are conducting incognito traffic enforcement strategies to catch violators in the act.

- British Columbia police just requested more powers to temporarily seize the cellphones of those violating the hand held device ban.
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