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D-1 Model Legislation A P P E N D I X D
D-2 Using Electronic Devices While Driving: Legislation and Enforcement Implications Model Legislation A model electronic device distracted driving law takes into account current technologies and uses, as well as makes provisions (as best as possible) for future technology. The language used ensures that the law is enforceable. Additionally, the law attempts to stop the most dangerous behaviors associated with electronic device use, in particular those behaviors that result in diversion of attention from the driving task by taking eyes off the road for any extended period of time.1 Therefore, the law should prevent certain behaviors that may result in eyes off the road, even if the electronic device is hands-free or mounted. THE KEY COMPONENTS OF EFFECTIVE LEGISLATION ARE: â Using the terminology âelectronic deviceâ as opposed to âcell phoneâ or âmobile deviceâ, allows for greater coverage of the types of devices that are included in the law. Several jurisdictions2 (states and provinces) have adopted this more generic language in order to allow the law to extend to a variety of electronic or computerized devices. In addition, most of the current legislation does not specifically address wearables such as smart watches with communication capabilities. However, by using the more generic term âelectronic deviceâ, wearables are an example of current and upcoming technologies that could be covered by the law. â The law should be in effect at all times when the vehicle is traveling on public roads, this includes at stop lights and when temporarily slowed or stopped in traffic. Electronic device use should only be permitted when the vehicle is legally parked or pulled over on the side of the road. This is an important safety component and ensures enforceability of the law. â The language in the law should clearly state the behaviors the driver cannot engage in, including: i. Hold or support an electronic device with any part of his/her body. ii. Use the electronic device to manually dial numbers or input text, engage in multiple swipes and/ or taps. This includes when the device is used hands-free (mounted, affixed, or resting somewhere in the vehicle). iii. Use an electronic device to stream, record, or broadcast video. This includes when the device is used hands-free (mounted, affixed, or resting somewhere in the vehicle). iv. Use the electronic device or applications on the device that display motion on the deviceâs screen, with the exception of a global positioning system (GPS) or navigational software. This includes when the device is used hands-free (mounted, affixed, or resting somewhere in the vehicle). â With respect to penalties and fines i. Fines should be in line with other traffic safety laws in the same jurisdiction, as this practice has been found to increase public support for the law. Incremental fines should be in place for subsequent violations. ii. Penalties for distracted driving should also be in line with other serious traffic offenses in the state. There is some belief that points against a driverâs license that have the potential to result in temporary suspension or loss of a license are more impactful than monetary fines at modifying the behavior. Additionally, points on a license are often associated with increased insurance rates; therefore, making the penalty more punitive. Some jurisdictions report using a point penalty structure similar to serious offenses, such as driving under the influence (DUI). Other jurisdictions impose a license suspension for violations. If possible, the legislation should include points or license suspensions, and these should be incremental for subsequent violations of the law. 1 Lee, J. D., Young, K. L., and Regan, M. A. (2008). Defining driver distraction. Driver Distraction: Theory, Effects, and Mitigation, 13(4), 31-40 2 Alberta Government. (n.d.) Distracted Driving Law. Available at: https://www.alberta.ca/distracted-driving.aspx Maine State Legislature. (n.d.) Distracted Driving & Text Messaging. Available at: http://legislature.maine.gov/lawlibrary/what-is- maines-law-on-distracted-driving-text-messaging/9460
Model Legislation D-3 â The law should have minimal exemptions. Possible common exemptions include: i. Law enforcement and first responders in the scope of their duties. ii. To report an emergency. iii. Use of GPS or navigational system hands-free, with no allowance for manual entry while driving. â There should be separate legislation or an additional provision for other types of distractions such as eating, grooming, reading, etc. â Additional legislation should be in place with more stringent restrictions for drivers under 18 years of age. â An additional provision is recommended for a driver that causes serious injury or death while talking on a handheld cell phone or texting to include more punitive measures or approximated to reckless driving. For example, âJakeâs Lawâ in Maryland, which states, âA driver that causes serious injury or death while talking on a handheld cell phone or texting may receive a prison sentence of up to three years and a fine up to $5,000.â3 3 Maryland Motor Vehicle Administration. (2019) 2018 Maryland Distracted Driving Program Area Brief. Available at: http://www.mva. maryland.gov/safety/FY19_Distracted_ProgramAreaBrief%20FINAL.pdf
D-4 Using Electronic Devices While Driving: Legislation and Enforcement Implications MODEL LEGISLATION EXAMPLE TEXT 1. Definitions of Terminology Used The following provides definitions of the terminology used in Section 2, âProhibitionsâ and Section 3, âExemptionsâ. A. âElectronic Deviceâ means any portable electronic device that is capable of wireless communication or electronic information or data retrieval and is not is not an in-vehicle system. This includes, but is not limited to, a cell phone, tablet, laptop, two-way messaging device, or electronic game. âElectronic Deviceâ does not include in-vehicle systems, two-way radio, citizens band radio, or amateur radio equipment. B. âUseâ includes holding, viewing, and manipulating, including, multiple swipes or presses of a handheld, mounted, or hands-free electronic device. C. âHandheldâ means holding or using a portion of the body to hold an electronic device. D. âOperate a Motor Vehicleâ means driving a motor vehicle on a public way with the motor running, including while temporarily stationary because of traffic, a traffic light or a stop sign or otherwise stationary. âOperate a Motor Vehicleâ does not include operating a motor vehicle with or without the motor running when the operator has pulled the motor vehicle over to the side of, or off, a public way and has halted in a location where the motor vehicle can safely remain stationary. E. âTextâ means reading or manually composing electronic communications including text messages, instant messages, and emails using an electronic device. F. âHands-freeâ means the use of an electronic device to talk or listen without use of either hand or any part of the body to prop the device, but instead by employing an internal feature (e.g. speakerphone) or an attachment to the device. 2. Prohibitions The following prohibitions apply to using an electronic device while operating a motor vehicle, except as provided in Section 3, âExemptions.â A. A person may not operate a motor vehicle while using a handheld electronic device. B. A person may not operate a motor vehicle while dialing numbers or inputting text, engaging in multiple swipes or multiple taps, this includes use when the device is hands-free. C. A person may not stream, record, or broadcast video, this includes use when the device is hands-free. D. A person may not use applications on the device that depict motion on the deviceâs screen, with the exception of a global positioning system (GPS) or navigational software, this includes use when the device is hands-free. Drivers who are 16 or 17 years of age are restricted from using any type of electronic device while driving, even with hands-free accessories, with the exception of GPS or navigational software. 3. Exemptions The following exemptions apply to Section 2, âProhibitions.â A. A cell phone or mobile electronic device may be used, by a driver of any age, in an emergency situation, when contacting an emergency response operator, a hospital, physicianâs office, health clinic, ambulance company, or fire or police department. B. The law does not apply to an individual driving or operating an emergency vehicle while the individual is acting within the scope of the individualâs employment.
Model Legislation D-5 C. GPS or navigational software use is allowed when the electronic device is being used hands-free, however, inputting the destination must be performed when the operator has pulled the motor vehicle over to the side of, or off, a public way and has halted in a location where the motor vehicle can safely remain stationary with the engine turned off. D. Use of a citizenâs band radio or two-way radio by an operator of a moving commercial motor vehicle on a public road or highway is allowed. 4. Penalties The following penalties apply to a violation of Section 2, âProhibitionsâ. A. Fines i. A person who violates Section 2, âProhibitionsâ commits a traffic infraction for which a fine of $____ will be issued. ii. A second or subsequent offense under this section is subject to a fine of $____. B. Points / License Suspension Assignment of points or license suspension should be structured similar to other traffic safety laws. 1. If the state has a points system, a. A person who violates Section 2, âProhibitionsâ commits a traffic infraction for which ____ points will be issued. b. A second offense under this section is subject to ____ points issued. c. A third or subsequent offense under this section is subject to ____ points issued and/or temporary suspension of the personâs license for a period of ____ days. 2. If the state does not have a points system in place, a. A person who has a third or subsequent violation of Section 2, âProhibitionsâ within a 3-year period will be issued a suspension of his/her license for a period of: i. 30 days, if the person has 3 adjudications. ii. 60 days, if the person has 4 adjudications. iii. 90 days, if the person has 5 or more adjudications.