Cell phone driving ban report under wraps

Jeff Nagel - Richmond Review Published: May 17, 2009

One of the decisions awaiting B.C.'s next solicitor general – widely expected to be new Liberal MLA Kash Heed – will be whether to pry cell phones out of the hands of B.C. motorists in a bid to make roads safer. For more than a year now, the provincial government has sat on a report it ordered into the merits of restricting or banning the use of cell phones and other wireless devices while driving. Black Press sought details of the findings through Freedom of Information but was told the government is still considering the recommendations from B.C.'s Superintendent of Motor Vehicles. Documents released recently make it clear bureaucrats have been juggling the issue in part because of ministerial turnover. Former solicitor general John Les in January 2008 asked for the study into possible measures to fight driver distraction, particularly from cell phone use. But by March of 2008 Les had stepped aside amid an RCMP investigation into land deals when he was mayor of Chilliwack. His replacement, John van Dongen, resigned last month after revelations he was under a four-month driving suspension for excessive speeding after a string of tickets.

The B.C. Automobile Association (BCAA), which wants a crackdown, is calling on Victoria to publicly release its findings so far – even if it has not yet reached a decision. "Put it out for public discussion," said BCAA spokesman Trace Acres. "It would be helpful to the debate on the issue." He said BCAA representatives have met with "successive solicitors general" on the issue, adding van Dongen at the latest meeting called government-led restrictions "a work in progress." A growing body of evidence indicates dialling, talking and texting while driving is a serious contributor to crashes. The U.S. National Highway Traffic Safety Administration found 80 per cent of crashes and 65 per cent of near crashes involve some form of driver distraction within three seconds of the crash.

While several Canadian provinces have already banned the use of at least hand-held cell phones while driving, the BCAA is proposing a more limited first step here. The association wants the province to ban novices and learners in B.C.'s graduated licensing program from using any mobile communication device while driving. The move to initially target mainly young and new drivers makes sense, Acres said. "That's a very fast-growing market for the use of mobile communications," he said."Inexperienced drivers are also a fairly high-risk group," he said, noting drivers under age 25 account for a disproportionately high number of crashes. BCAA also argues it's a good fit with the intent of the graduated licensing program, which already seeks to minimize distraction by limiting the number of passengers that can ride with a new driver.

Acres said it would also make for a good test case – both in determining how a ban could be enforced and measuring what benefits would result. The idea has been endorsed by the B.C. Association of Chiefs of Police. "We know it makes sense and there's rationale and there's support for doing something like that," Acres said. He said Les was originally "quite enthusiastic" but less so after talking to the rest of cabinet. Ministry officials told van Dongen in a briefing note last May "driver distraction has been steadily and consistently growing in tandem with the increasing use of technological devices such as cellular phones, MP3 players, Blackberries, DVDs and other electronic devices. "The proliferation of electronic devices exacerbates existing distractions that result in an overall worsening of the driver distraction problem."The remainder of the note and its recommendation was not released.

Acres admits enforcement a challenge. Another issue is how far new rules should extend. ICBC previously concluded that making hands-free calls can be just as distracting as using a hand-held phone. An Alberta study recently found one in four accidents are linked to driver distraction and cell phone use is a significant cause, hands-free or not. The B.C. Medical Association last year called on the province to ensure any new restrictions also ban hands-free calls. "Just listening to a cell phone while driving cuts by more than one third the user's attention to driving," BCMA president Bill Mackie said last year in a letter to van Dongen. Motorists back cell phone ban after close calls. Plenty of motorists say they'd love to see a crackdown on people who talk or text on their cell phones and other gadgets.

Four Canadian provinces have so far banned the use of hand-held cell phones and other devices while driving. Ontario has just passed a ban, which takes effect in the fall and fines violators up to $500. Hands-free devices are exempt, as are 911 calls, but the ban includes the use of portable video games, MP3 players and DVD players while driving. GPS navigation systems are allowed as long as they're secured to the dash. Quebec, Nova Scotia and Newfoundland and Labrador also have bans on hand-held cell phone use behind the wheel.