Using Electronic Devices While Driving: Legislation and Enforcement Implications (2021) / Chapter Skim
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J-1 Research Webinar for Practitioners A P P E N D I X J
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J-2 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 1 • Introductions – presenter • Research managed under BTSCRP Examining the Implications of Legislation and Enforcement on Electronic Device Use While Driving: Webinar Research managed under the Behavioral Traffic Safety Cooperative Research Program (BTSCRP)
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Research Webinar for Practitioners J-3 Slide 2 • The study methodology allowed for a review of U.S. and Canadian jurisdictions with varying electronic device use laws, enforcement strategies, public awareness strategies, and more.
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J-4 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 3 Background 3
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Research Webinar for Practitioners J-5 Slide 4 • Distracted driving is a major traffic safety issue. In 2018 alone, 2,841 motor vehicle fatalities involved a distracted driver.
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J-6 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 5 • The study was conducted in two phases. • The first phase included – A review of existing legislation across all 50 states and 10 Canadian provinces, with a focus on the language, penalties, and sanctions used to address distracted driving related to electronic device use.
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Research Webinar for Practitioners J-7 Slide 6 • The methodology for this study focused on four main tasks: – Reviewing the existing laws in all jurisdictions (50 U.S. states and 10 Canadian provinces)
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J-8 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 7 • The review of existing electronic device legislation took place in January 2019. • Prior to reviewing each law, several key components of the law were identified that the authors wanted to document, such as: – Affected roadways or specific locations where the law was in effect (e.g., school zones, work zones)
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Research Webinar for Practitioners J-9 Slide 8 • After dissecting each jurisdiction's law, its strength was assessed. • When assigning points for law strength, the authors considered the following components in the classification scheme: – Violation type – Behaviors covered (an extra point was allowed for additional behaviors covered, such as reading or speaking)
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J-10 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 9 • To group the jurisdictions for further study, the researchers conducted a cluster analysis of states and provinces with similarly structured legislation. The cluster analysis was based on the results of the assessment and ranking of the strength of the laws.
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Research Webinar for Practitioners J-11 Slide 10 • The authors conducted an in-depth review for the 20 jurisdictions identified by the cluster analysis. • The authors first conducted an internet scan for the selected jurisdictions to identify additional information about their distracted driving laws as well as any enforcement or outreach and education efforts.
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J-12 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 11 • The next few slides present several key findings from this phase of the study. Key Findings 5
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Research Webinar for Practitioners J-13 Slide 12 • The quantitative findings are discussed first. Quantitative Findings Key components of the laws • Behaviors covered • Drivers covered • When law is enforceable • Exemptions to the law Strength of laws 6
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J-14 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 13 • The researchers collected data for 61 jurisdictions in January of 2019. • Based on the language of the law, reading and texting were the behaviors most commonly prohibited, followed closely by handheld electronic device use.
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Research Webinar for Practitioners J-15 Slide 14 • Electronic device use laws varied with respect to the population of drivers covered. • In most jurisdictions (N = 58)
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J-16 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 15 With respect to when the law is enforceable: • Some laws specified that a driver is in violation only if the vehicle is in motion; if no other restrictions were specified, these were treated as "in motion only" laws. This designation was also used when the law permits device use when the vehicle is stopped at a traffic signal.
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Research Webinar for Practitioners J-17 Slide 16 • During the initial scan, the researchers also noted a number of exemptions to the law. Most jurisdictions provided multiple exemptions in their electronic device use laws.
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J-18 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 17 • After reviewing the laws in all 50 states and 10 provinces, the researchers assigned points for the strength of each law based on eight components: – Violation type – Behaviors covered (allowed an extra point for additional behaviors covered, such as reading or speaking) – Types of drivers covered (allowed an extra point if the law covered all drivers and there were one or more laws that were more stringent for specific populations)
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Research Webinar for Practitioners J-19 Slide 18 • This section reviews the qualitative findings on electronic device use legislation based on the initial scan and the in-depth review with the 20 selected jurisdictions following the cluster analysis and sample selection. Qualitative Findings Based on in-depth review with selected jurisdictions: • Process for enacting or revising an electronic device use law.
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J-20 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 19 • The process of enacting or revising an electronic device use law will be discussed first. • A number of jurisdictions indicated that including a variety of partners in the process was key to enacting or revising a more rigorous electronic device use law.
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Research Webinar for Practitioners J-21 Slide 20 With respect to challenges faced: • As of December 2019, only Connecticut, Oregon, Maine, and New Jersey were eligible for NHTSA 405E funding based on the language of their laws. Several states expressed interest in clarifying their language in order to qualify for 405E funding and for additional NHTSA support as they are developing the language of their laws.
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J-22 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 21 With respect to the language used and how the law is interpreted: • Inclusive or wide-ranging language allows for broad interpretation of the electronic device use law. For example, in Alberta, the law prohibits handheld use of a device for all drivers, all roadways, in motion or stopped.
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Research Webinar for Practitioners J-23 Slide 22 The following were found when discussing penalties and fines with the selected jurisdictions: • In several jurisdictions, there was some concern about setting a fine too high because officers may be reluctant to issue the citation. – Some law enforcement personnel in Connecticut initially expressed concern over issuing substantial fines; however, due to the high level of public education and outreach, it became easier to issue citations over time because drivers could no longer say they were unaware of the law.
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J-24 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 23 • Law enforcement personnel in the different jurisdictions often confirmed the importance of including law enforcement when developing a law. • Here are some of the enforcement strategies that were shared: – Focused Patrols.
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Research Webinar for Practitioners J-25 Slide 24 • In many jurisdictions, a strong public awareness campaign has been deployed following the enactment or revision of the distracted driving law. Because of funding issues, in some areas, campaigns occur only during Distracted Driving Awareness Month.
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J-26 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 25 • The researchers also spoke to representatives about data collection efforts within their jurisdictions. • Crash data were not used as frequently because of issues with underreporting.
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Research Webinar for Practitioners J-27 Slide 26 With respect to changes in perception: • In many jurisdictions, use of electronic devices has not necessarily dropped, but tolerance for distracted driving is low. To this point, harnessing the voice of voting citizens and local victim advocates might be an approach to influence lawmaker decisions.
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J-28 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 27 • As anticipated, across the groupings in the cluster analysis, the authors identified similarities in distracted driving laws, enforcement strategies, public awareness and information campaigns, and safety and political culture. • Specifically, respondents from the weaker law groupings were more likely to note challenges to initiating more rigorous laws and conducting enforcement and public information campaigns.
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Research Webinar for Practitioners J-29 Slide 28 • To summarize, here are some of the key findings identified in the review of the current legislation, enforcement, and education activities. • Language of the Model Law – It is imperative that proposed language be carefully scrutinized to limit exceptions or loopholes.
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J-30 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 29 • The second phase of the study involved the design of a series of materials identifying best practices that could be shared with various stakeholders. Sharing Best Practices 23
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Research Webinar for Practitioners J-31 Slide 30 • These materials serve as different methods to communicate the information identified during Phase 1 to key audiences, including legislators, law enforcement personnel, policy makers, local government officials, researchers, and the general public. Some of these deliverables summarize main findings, and others are more instructional or a "how to." • In addition to the information gathered in Phase 1, the researchers used a variety of resources, such as existing toolkits and research publications, to guide the development of deliverables.
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J-32 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 31 • Designed for key stakeholders, including legislators and policy makers, highway safety administrators, law enforcement personnel, community stakeholders, and advocates. • In developing the model legislation, the authors have used examples from states, localities, and provinces that have proven to be well-written, easy to enforce, and apparently effective based on the research of enforcement activity and crash data.
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Research Webinar for Practitioners J-33 Slide 32 • When developing legislation, it is important to clearly define the terminology used in the law. The example on the slide shows how to define the terminology in the legislation.
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J-34 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 33 • This slide shows how to describe the prohibited behaviors when developing electronic device use legislation. [This slide is intended to be a reference for the wording used in the model law.]
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Research Webinar for Practitioners J-35 Slide 34 • As indicated earlier, a strong law will have very few exemptions. These exemptions should be clearly stated.
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J-36 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 35 • Assignment of points or license suspension should be structured similarly to other traffic safety laws. [If the state has a points system]
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Research Webinar for Practitioners J-37 Slide 36 • The authors developed a presentation to provide customized information and guidance for different stakeholders responsible for drafting, enacting, implementing, and enforcing legislation on electronic devices, as well as educating the public on the significant safety benefits of complying with the law. • The presentation focused on the process of developing a new law or modifying an existing law.
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J-38 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 37 • The presentation includes detailed and targeted modules for each type of stakeholder. The audiences include – Legislators and policy makers, – Highway safety administrators, – Law enforcement, – Community stakeholders and advocates, – Public health officers, and – Educators.
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Research Webinar for Practitioners J-39 Slide 38 • The presentation highlights strategies, protocols, and procedures that have been employed by the states and provinces that have been successful in drafting and enacting legislation to deter distracted driving. • It also provides information on the different implementation stages of effective electronic device legislation, from inception through enactment, education about and enforcement of the law, and the evaluation of efforts.
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J-40 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 39 • The presentation functions as a slide deck that can be customized for the target audience. The introductory section is intended for all audiences and includes the background, key definitions, and an overview of the implementation stages of effective electronic device legislation.
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Research Webinar for Practitioners J-41 Slide 40 • While the presentation for stakeholders did include a section for law enforcement, this presentation is more detailed and emphasizes the importance of educating the public and enforcement countermeasures to the success of an electronic device use law to reduce distracted driving. • This presentation is designed to provide law enforcement with essential information to support effective education and enforcement of an electronic device use law and is based on experiences of law enforcement agencies across North America.
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J-42 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 41 • Topics that influence enforcement practices were incorporated into the presentation. These include: – Identifying the problem; – Prioritizing distracted driving within the agency, which includes the importance of leadership and oversight of the program; – Training and educating enforcement personnel; – Enforcement strategies; – Outreach and education, including communicating the law to motorists; – Using data to target enforcement and education efforts; – Officer safety and the importance of reducing distractions while driving for work; and – Providing feedback to officers.
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Research Webinar for Practitioners J-43 Slide 42 • The authors developed a comprehensive 2-page electronic document to help inform legislators on the importance of distracted driving legislation and the components of a strong law. To make this document an accessible decision-making aid, the research findings and suggestions are organized to clearly convey the most relevant and useful information.
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J-44 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 43 • The document includes key messages that emerged as important components during Phase 1 of the project. Because the document is for a legislative audience with different levels of awareness about the dangers of distracted driving and motor vehicle safety, the use of technical and statistical jargon was avoided and unfamiliar terms were explained.
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Research Webinar for Practitioners J-45 Slide 44 • The model press release is designed to communicate information on legislation to deter electronic device use while driving. It is a concise and targeted document that provides both general guidelines and examples of customizable text for use by different stakeholders, such as law enforcement personnel, community stakeholders, and highway safety agencies.
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J-46 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 45 • This document is organized such that: – It first provides key components to be considered when developing outreach messages. – It next includes sample press releases or outreach messages organized according to the agency sharing the information and by possible topics.
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Research Webinar for Practitioners J-47 Slide 46 • As part of the final report, the authors highlighted potential future research needs and action items to further address distracted driving issues. The following are examples of possible action items and areas of research: – The need to collect and analyze data to better understand the effect of the law on crashes, injuries, and fatalities.
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J-48 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 47 • Westat will also present this topic at one of the upcoming GHSA meetings, such as the executive board or annual meeting. The presentation will address the background of the project; methodology used to complete Phase 1 and Phase 2; how the data was collected, consolidated, and evaluated; key study findings; and conclusions.
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Research Webinar for Practitioners J-49 Slide 48 • Thank you for your time. • Feel free to contact us with any follow-up questions.
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