SOMBA K'E/YELLOWKNIFE
A clear definition of what constitutes distracted driving is among a list of changes to the NWT Motor Vehicles Act, which comes into effect on Sunday. Regardless of whether a phone or other device is on or in use, it has to be untouched while at the wheel.

On or off, holding a device while driving can land you a ticket under the amended NWT Motor Vehicles Act, which comes into effect May 1. - NNSL photo illustration

"Within distracted driving, we've done a few things. We have defined the term 'use of a phone,'" said Steve Loutitt, director of road licensing and safety with the Department of Transportation.

"You won't be able to hold, operate or touch - it's the acronym HOT - your telephone or restricted device while in the vehicle."

The need for such definition, Loutitt said, to some extent came out of a court case in the Yukon where a driver argued their phone was pinched between their ear and shoulder, rather than in-hand.

"I believe that a clear and concise act is beneficial for citizens and the courts," said Loutitt.

"If you're aware that this is the rule of the road and you can't hold or operate your phone - that's something we need to make sure that they're clear on."

As well as clarifying what constitutes distracted driving, the department stiffened up penalties in school and construction zones, where Loutitt said people on the street are most vulnerable.

The fine for distracted driving in these zones has increased from $322 to $644, including the victims of crime surcharge.

While the fine is stiff, Loutitt said some other jurisdictions have gone quite a bit higher with penalties.

The three-demerit penalty for distracted driving will remain the same, though Loutitt said it would likely be looked at in the future as well.

Repeat offenses of distracted driving are also seeing a tougher response under the Act. Within a two year period of the first offense, distracted driving will lead to a one-day suspension on the second charge, seven-day suspension on the third and 30 days for the fourth and any subsequent suspensions.

Ideally, the added penalties will encourage people to put down their phones when driving, as an Ontario study outlined just how dangerous driving can be.

"Some studies in the south have indicated that distracted driving is killing and injuring more people than impaired driving and speeding," Loutitt said.

"Thankfully, we haven't had those issues in the NWT but it's important to be proactive and not reactive and provide safe highways for all of our users."

Fines based on overage

Amendments to the act will replace the system of monetary speed-fines based on ranges with fines that increase per kilometer over the speed limit.

Currently, driving less than 15 km/hr or less over the speed limit carries a fine of $115 including the victim of crime surcharge; 16 to 30 km/hr over comes with an inclusive $173 fine; and 30 to 50km over is $230 inclusive.

The new fines that increase per kilometer over the speed limit, Louttit said are in line with other jurisdictions and actually a fairer penalty.

"Right now, a person going 16-over and 30-over in the NWT gets the same fine but one is doing twice as much as the other one and causing significantly more risk to other drivers and people on the road," he said.

The new fines start at $68 for one-kilometre-per-hour over and increase by $3 for every kilometer over until 15 km/hr. After that, the increase jumps to $6 for every kilometer up to 30 km/hr over. The fine increases by an additional $9 per kilometer beyond that.

"Those fines have increased, they were very low," Loutitt said.

"They're not near the highest in the country but they are in line with quite a few other jurisdictions."

Regular amendments to act

Every two or three years, amendments are made to the Motor Vehicles Act, which first came into place in 1988 and Loutitt said this round has been one of the larger roll-outs.

In additional to some of the larger changes, there are a number of smaller amendments throughout the act.

The changes are a mix of administrative policy and changes that more directly impact drivers, Loutitt said, and are based on best practices across the country, persistent issues coming through the courts and any regulatory changes that affect drivers. For example, he said with the federal government legalizing marijuana, the department would look at any impacts that will have on road safety and whether the act again needs amendments.

In sum, he said the amendments making policies as clear-cut as possible and encouraging safe driving habits on NWT roadways.

"We just want to ask people for the safety of themselves and other road users, slow down and don't drive distracted," said Loutitt.

"Whatever phone call or text you get, it can wait."