Rules to tighten on cell use while driving
Lawyer says proposed ban goes too far
Shane Magee
Northern News Services
Friday, June 12, 2015
SOMBA K'E/YELLOWKNIFE
The GNWT is moving toward strengthening provisions of the Motor Vehicle Act meant to curb distracted driving by proposing to ban operating, holding or touching an electronic device while behind the wheel.
The definition of using an electronic device while driving, such as texting with a cell phone, is being expanded under legislation introduced in the legislative assembly this month. - Shane Magee/NNSL photo illustration |
Using an electronic device while driving has been illegal since 2012, but Bill 50 clarifies what "use" means. The bill was introduced in the legislative assembly last week and contains multiple amendments to the act.
"The need to address this issue came to our attention because it is currently very difficult to prove a driver is using their cell phone," said Gabrielle Moser, a senior policy analyst with the transportation department. "The term 'use' is very broad and we found there is a need to clarify what it means."
The amendment would expand the definition of the word "use" to include operating, holding or touching electronic devices.
It would bring the legislation in line with other Canadian jurisdictions and would also allow higher fines for drivers caught using devices in school and construction zones.
The fines would be set by regulations once the bill is passed.
"Driving while distracted is really serious," Moser said.
A 2009 study by the U.S. Virginia Tech Transportation Institute found texting increases the chance of a crash or near-crash by 23.2 times versus a person driving normally.
The bill includes provisions to allow a person's license to be suspended for repeatedly violating the law.
The suspension would be one day for a second offence within the past two years, seven days for a third offence within two years and 30 days for subsequent offences within two years.
Last year the GNWT increased the distracted driving fine from $115 to $322.
The proposed changes come weeks after a court case in which a judge ruled a city man caught holding his cell phone while driving was using it based on the existing law.
The driver was fined $50.
Defence lawyer Tu Pham had argued the ruling was unreasonable and would set a dangerous precedent for future cases.
Pham said Monday he has no information to suggest the amendment came forward as a result of the recent case he was involved with. Moser said the department monitors media stories and legislation across the country for "best practices."
Although the amendment helps clarify what drivers cannot do behind the wheel, Pham said the proposal is concerning.
"The legislature should not take this change too lightly," he told Yellowknifer after looking at the proposed amendment. "While I fully support encouraging drivers to eliminate the temptation of using their phone, making it illegal to simply touch your phone is problematic and goes too far."
The amendment would go beyond what someone would normally think of as illegal, he said.
Someone whose phone is in their pocket indirectly touching their leg could be considered guilty given the way the amendment is written, he suggested.
The bill received second reading in the legislative assembly June 4 and now will be considered by the Standing Committee on Economic Development and Infrastructure through the summer, which could suggest changes before the legislation is approved.
