Bill passed to limit cell phone use by drivers

On Thursday, December 19, Bill 15, an act to ban the use of cell phones by drivers while driving, received Royal Assent in Newfoundland and Labrador, making it the first Canadian jurisdiction to bring in such legislation. The new law will not become effective for a few months, to allow for an information campaign, administrative preparations and opportunities for drivers to make new arrangements, such as having hands-free equipment installed.

Government Services and Lands Minister Walter Noel said: "The vast majority of citizens realize cell phone use by drivers is dangerous. If there is a problem, we have to deal with it. Most people are responsible most of the time, but we have to deal with those who are not responsible, and we have to realize that even the most responsible have lapses. One mistake could prove very costly. The practice must be discouraged to promote safe driving and help reduce injuries, costs and insurance rates. Our government is sending the right message on this issue. Jurisdictions refusing to act are sending the wrong message. That is most unfortunate, in view of the growing number of distractions becoming available in vehicles."

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 commissioned in August 2001. Only five per cent believe all types of cell phone use should be permitted while driving. Fifty-five per cent said the practice should be prohibited entirely, while 39 per cent felt hands-free is acceptable. This is in keeping with poll results elsewhere. A Leger Marketing poll indicated four out of five Canadians believe hand-held cell phone use by drivers should be illegal.

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

Minister Noel said: "Our legislation bans the use of hand-held cell phones by drivers while driving. Passengers may still use them. Drivers will be permitted to use hands-free units. These, however, are also dangerous. Even people who believe they are responsible get caught up in distracting conversations. We advise all drivers to avoid using any type of cell phone while operating a vehicle.

"With the growing number of distractions to drivers, everything reasonable has to be done to minimize dangers. While strong arguments are made for banning hands-free as well, we feel our legislation is the most acceptable action to take at this time. Banning hands-free would have much less public support and would be difficult to enforce. Our law will make it much easier for police to enforce imprudent driving infractions related to hand-held phones.

"This ban is part of our extensive efforts to make driving safer and reduce the cost of accidents and insurance. During this legislative session we have also tabled Bill 28, an act to amend the Automobile Insurance Act, the Insurance Companies Act and the Highway Traffic Act, which would bring about important reforms in the insurance industry. The House has also passed Bill 20, which increases penalties for impaired driving, and Bill 9, which authorizes the appointment of an advocate to represent consumers at automobile insurance rate hearings before the Public Utilities Board."

Fines for violations of the cell phone law will range from $45 to $180. Four demerit points will be assigned, in keeping with similar imprudent driving penalties.

Media contact: Rick Callahan (709) 729-4860

2002 12 20                                       11:00 a.m.