Government introduces bill to ban use of hand-held cell phones by drivers while driving

Walter Noel, Minister of Government Services and Lands, has introduced an amendment to the Highway Traffic Act to ban the use of hand-held cell phones by drivers while driving. Passengers would continue to be permitted to use such devices, as would drivers when parked.

Minister Noel said: "We have researched the issue, assessed what has been done elsewhere, and consulted with the public and special interest groups. We are convinced cell phone use by drivers constitutes a serious diversion which must be discouraged to promote safe driving and help reduce injuries, costs and insurance rates. While all Canadian provinces are considering similar legislation, we are the first province to propose action.

"There are limits on human concentration. A driver�s preoccupation with dialing and talking means that less attention is paid to driving. While this ban would only apply to hand-held units, we believe hands-free devices also cause serious distractions. We are limiting this change to hand-held at this time because it appears to be a more serious problem for which prohibition has broader public support. However, we encourage drivers to pull to the side of the road to make or receive all types of telephone calls. The bulk of the research indicates that phone use is more of a problem than other distractions because people get caught up in the conversation.

"Ninety-five per cent of Newfoundlanders and Labradorians believe cell phone use by drivers is either a serious or very serious safety problem, according to an opinion poll we commissioned last August. Only five per cent believe that all types of cell phone use should be permitted while driving. Fifty-five per cent say the practice should be prohibited entirely, while 39 per cent feel hands-free is acceptable. Polls elsewhere produce similar results."

Approximately 30 countries have implemented cell phone restrictions to date. The state of New York and 14 local jurisdictions throughout the US have enacted prohibitions. Many jurisdictions in Canada, the US and elsewhere are contemplating action.

Media contact: Rick Callahan, Director of Communications, (709) 729-4860.

BACKGROUNDER

• The issue of operation of cellular phones in motor vehicles has been an area of concern since the inception of the devices in the early 1990s.
  
  
• According to a Corporate Research Associates poll, commissioned by Government Services and Lands last summer, 95 per cent of Newfoundlanders and Labradorians believe cell phone use by vehicle drivers is either a serious or very serious safety problem. Only five per cent believe that all types of cell phone use should be permitted while driving. Fifty-five per cent say the practice should be prohibited entirely, while 39 per cent feel hands-free is acceptable.
  
  
• C The Canadian Medical Association, at its 1999 annual meeting, passed a resolution urging their members to lobby governments to ban the use of cellular phones in motor vehicles.
  
  
• The Newfoundland Medical Association (NLMA) held a news conference in January of 2000 asking the province to ban their use. The main focus of that news conference was the hand-held portables phones which require the driver to use one hand to hold the phone or somehow jam it between their chin and shoulder to use it. The RNC supported the NLMA position.
  
  
• The Newfoundland and Labrador Senior Citizens� Federation has also requested a legislative ban on cell phone use while driving.
  
  
• In June 2001, the province of Ontario completed a jurisdictional scan to determine whether Canadian jurisdictions have specific legislation to address cell phone use while driving or driver distraction. All jurisdictions responded. Key findings were: No Canadian jurisdictions have specific legislation banning cell phone use while driving; all jurisdictions have similar offences and penalties for careless driving; some provinces have lesser offences for driver inattention, however, none are specific to cell phone use; other than the province of Ontario, no jurisdiction has implemented a targeted public education campaign; British Columbia, Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick, Prince Edward Island, Newfoundland and Labrador and the Yukon are actively reviewing this issue.
  
  
• Approximately 30 countries have implemented restrictions to date. The state of New York and 14 local jurisdictions throughout the US have enacted prohibitions. Last year cell phone legislation was introduced in 43 states, 35 of them calling for an outright ban on the use of hand-held. Arizona and Massachusetts banned use by school bus drivers. Many jurisdictions in both Canada and the US are contemplating action.
  
  
• Research in Canada, the US and the UK clearly shows that the use of cell phones by drivers has a profound effect on driving behaviour.
  
  
• Studies demonstrate that the human mind has a finite ability to execute multiple tasks at the same time. When a person uses a cell phone to carry on a conversation, this requires the person to devote less mental resources to driving.
  
  
• The City of St. John�s, Aliant Telecom Inc., The Workplace Health and Safety Compensation Commission, and Newfoundland Power have developed policies to eliminate or minimize cell phone use while driving.
  
  
• Most individuals and groups do not have a problem with a cell phone being in a vehicle as long it is not being used by the driver while driving. In fact, the benefits of cell phones in emergency situations have been clearly documented.
  
  
• There are limits on human concentration and a driver�s use of a hand-held unit for dialing and talking means that less attention is paid to driving. While this proposed ban is only on the hand-held unit, government encourages drivers to pull to the side of the road to make or receive calls on any type of phone. The manipulation of the hand-held phone is extremely distracting, but conversation also diminishes the attention that should be given to driving.
  
  
• Government will continue to monitor the results of the action it has taken, as well as continuing research throughout the world, and additional measures may be introduced.

2002 04 30                           3:30 p.m.