Alberta passes distracted driving law

[Slava]

Originally Posted by puckluck

Love this new law, but I will still probably use my phone while driving. I can actually use my phone without swerving and doing 20 clicks under the speed limit. I know how that sounds but meh whatever. I hope this law works and catches the ######s who can't drive while talking on the phone or texting since they ruined it for all us superior drivers.

Wait a second...is it true that you can talk on your phone and not get a ticket if the officer figures you are driving fine? That seems like a ridiculous standard and basically goes against the point of the new law in the first place?

I still don't believe that talking on the phones actually increase accidents...but I sure hope that if they're bringing in a law for this that its enforced strongly.

[zamler]

All I expect is that when I get out on the road, people around me take driving seriously, understand the rules of the road, and accommodate other drivers. Texting and driving is the just the tip of the iceberg, if you do that constantly, chances are you don't think or care much about automobile safety, and are probably one of those dickheads that do 10 other things behind the wheel that aggravate other drivers, screw up traffic, and make things less safe for people around you.

I have my doubts that this law will do much to snap people out of their bad habits, hope I'm wrong.

[Rathji]

Originally Posted by Slava

Wait a second...is it true that you can talk on your phone and not get a ticket if the officer figures you are driving fine? That seems like a ridiculous standard and basically goes against the point of the new law in the first place?

I still don't believe that talking on the phones actually increase accidents...but I sure hope that if they're bringing in a law for this that its enforced strongly.

The quotes posted in this thread and other articles I have read seem to indicate that CPS has no desire to go all phone Nazi on us. I would be very surprised if the first few weeks didn't result in a larger than expected number of tickets.

[Slava]

Originally Posted by Rathji

The quotes posted in this thread and other articles I have read seem to indicate that CPS has no desire to go all phone Nazi on us. I would be very surprised if the first few weeks didn't result in a larger than expected number of tickets.

I won't be taking any chances. I just figure that not enforcing it though basically indicates that its not as dangerous as its made out to be. Otherwise it should be close to zero tolerance.

[Rathji]

I think the basic idea is that they wont be driving down the road and looking to see what everyone is doing, but if someone does something odd they will be checked out for any indications of breaking the law.

[4X4]

Originally Posted by zamler

All I expect is that when I get out on the road, people around me take driving seriously, understand the rules of the road, and accommodate other drivers. Texting and driving is the just the tip of the iceberg, if you do that constantly, chances are you don't think or care much about automobile safety, and are probably one of those dickheads that do 10 other things behind the wheel that aggravate other drivers, screw up traffic, and make things less safe for people around you.

I think you just summarized my seven years and 10,000+ posts on CP.

[Slava]

Originally Posted by Rathji

I think the basic idea is that they wont be driving down the road and looking to see what everyone is doing, but if someone does something odd they will be checked out for any indications of breaking the law.

Which makes sense. The problem is that when someone (me) gets a ticket its a pretty open door to walk in and say "I was totally under control and paying attention. Its those other idiots who should be ticketed." Its just a glaring loophole unless they basically go zero tolerance.

Lets face it...if talking on your phone is really as bad as they say then they really should go zero tolerance here, right?

[ken0042]

Originally Posted by To Be Quite Honest

Good. The CPS can hire a business consultants to cut costs and for balancing their budget and actually focus on real CRIME.

I know this was already addressed to a certain extent; however I would like to point out that the number of people who die in Alberta in car crashes is higher than those who die as a result of homicide. Last time I looked at the numbers it was quite a bit higher too.

So making our roads safer can save more lives than preventing all murders.

[Rathji]

Originally Posted by Slava

Which makes sense. The problem is that when someone (me) gets a ticket its a pretty open door to walk in and say "I was totally under control and paying attention. Its those other idiots who should be ticketed." Its just a glaring loophole unless they basically go zero tolerance.

Lets face it...if talking on your phone is really as bad as they say then they really should go zero tolerance here, right?

As zero tolerance as is reasonably possible with the manpower and budgeting concerns that face any public organization in today's economy.

[Bring_Back_Shantz]

Originally Posted by Slava

Which makes sense. The problem is that when someone (me) gets a ticket its a pretty open door to walk in and say "I was totally under control and paying attention. Its those other idiots who should be ticketed." Its just a glaring loophole unless they basically go zero tolerance.

Lets face it...if talking on your phone is really as bad as they say then they really should go zero tolerance here, right?

That's not the point at all.
Technically talking on your phone is 100% illegal.
If you drive by a cop and nothing is out of the ordinary, but you've got your phone to your ear chances are you'll get a stern look, hang up and you'll both go on your way.

It's no different than speeding. There'll be some wiggle room, and just as cops don't give everyone a ticket who is going 10 over, they won't be giving a ticket to everyone who takes a quick glance at their phone.

[Resolute 14]

Originally Posted by Rathji

I would be willing to wager that total damage to both people and property from automobile accidents outweighs the total damage done to people and property as a result of violent crime. I could be wrong though *shrug*

While it is only one statistic representing only part of the issue, in 2007, 2767 people died in traffic accidents, while 594 people were murdered.

[You Need a Thneed]

I wonder how this law would cover my dad's truck, which is equipped with some Banks aftermarket parts. Changing the settings on the speed brake, etc, involve the use of a Palm PDA. Essentially, the PDA is extra gauges and switches to operate the vehicle.

Under the law, I imagine a cop could see me adjusting a setting, and pull me over. The positioning of the PDA is such so that it's right beside the driver's window, in plain view of other motorists, but for the driver, it could be essential gauges. Other drivers could assume that I'm an inconsiderate driver with a PDA on.

[Rathji]

Originally Posted by You Need a Thneed

I wonder how this law would cover my dad's truck, which is equipped with some Banks aftermarket parts. Changing the settings on the speed brake, etc, involve the use of a Palm PDA. Essentially, the PDA is extra gauges and switches to operate the vehicle.

Under the law, I imagine a cop could see me adjusting a setting, and pull me over. The positioning of the PDA is such so that it's right beside the driver's window, in plain view of other motorists, but for the driver, it could be essential gauges. Other drivers could assume that I'm an inconsiderate driver with a PDA on.

I imagine it would be similar to using a GPS.

Why cant you change the settings when the truck is stopped?

[You Need a Thneed]

Originally Posted by Rathji

I imagine it would be similar to using a GPS.

Why cant you change the settings when the truck is stopped?

There's nothing stopping you from changing settings when the truck is stopped, but there are some settings that you'd want to change while driving. For example, the speed brake, where you are going downhill, and you set the truck to hold you at a maximum of 60km/h, then at the bottom of the hill switch back to normal. It's not really different than switching the gear lever while moving.

[Russic]

Originally Posted by Rathji

I imagine it would be similar to using a GPS.

Why cant you change the settings when the truck is stopped?

I heard a cop on the radio saying that adjusting something like a GPS is still prohibited even at a red light. You must be in a legal parking space. You can answer a phone call with a single button press/touch, but that's about it once you're on a road.

[lazypucker]

So the government is saying that as long as I am using a handsfree device I will be OK? Maybe I should get this:

[To Be Quite Honest]

Originally Posted by ken0042

I know this was already addressed to a certain extent; however I would like to point out that the number of people who die in Alberta in car crashes is higher than those who die as a result of homicide. Last time I looked at the numbers it was quite a bit higher too.

So making our roads safer can save more lives than preventing all murders.

Murder isn't the only crime. There is fraud (Which is a wide spread white collar crime that ruins millions of lives from poor investments), assault, Hard Core Drugs, attempted murder...

I really thought about this all day. What is my freaking beef. Like I said earlier, I understand why the distracted driving law is wanted. It's not like I want crazy people behind the wheel, or a driving experience like San Jose, Costa Rica here in Calgary.

In it's simplest form I just don't like to be told what to do... Like I REEEALLLY don't like it. ... and cash cow.

Anyway, I concede. I still don't like it, but I am man enough to admit defeat... lol

Cheers guys.

[freedogger]

Here's the text of the new law:
The following is added after section 115:
Cellular telephones, electronic devices, etc.
115.1(1) Subject to this section and the regulations made under section 115.5, no individual shall drive or operate a vehicle on a highway while at the same time
(a) holding, viewing or manipulating a cellular telephone, radio communication device or other communication device that is capable of receiving or transmitting telephone communication, electronic data, electronic mail or text messages, or


(b) holding, viewing or manipulating a hand‑held electronic device or a wireless electronic device.
(2) An individual may drive or operate a vehicle on a highway while using a cellular telephone or radio communication device in hands‑free mode.
(3) Subsection (1)(a) does not apply to
(a) the use of a 2‑way radio communication device, only for the purposes set out in the regulation, by an individual driving or operating an escort, pilot or trail vehicle who is required by regulation under this Act to maintain 2‑way radio communication, or the use of a cellular telephone or other communication device by that individual for those purposes when 2‑way radio communication is not functional or is unavailable,
(b) the use of a 2‑way radio communication device, only for the purpose of maintaining communication with the individual’s employer, by an individual driving or operating a vehicle who is required by the individual’s employer to maintain 2‑way radio communication while the individual is acting within the scope of the individual’s employment, or the use of a cellular telephone or other communication device by that individual for that purpose when 2‑way radio communication is not functional or is unavailable,
(c) the use of a 2‑way radio communication device, only for the purpose of participating in a search, rescue or emergency management situation, by an individual driving or operating a vehicle, or the use of a cellular telephone or other communication device by that individual for that purpose when 2‑way radio communication is not functional or is unavailable, or
(d) the use of a cellular telephone or other communication device, only for the purpose of contacting an emergency response unit, by an individual driving or operating a vehicle.
(4) Subsection (1) does not apply to an individual driving or operating an emergency vehicle while the individual is acting within the scope of the individual’s employment.
(5) Subsection (1) does not apply in respect of a vehicle that
(a) is not on a highway, or
(b) is parked in a manner specified in a regulation under this Act.
Display screen visible to driver prohibited
115.2(1) Subject to this section and the regulations made under section 115.5, no individual shall drive or operate a vehicle on a highway if the display screen of a television, computer or other device in the vehicle is activated and is visible to the individual.
(2) Subsection (1) does not apply in respect of the display screen of
(a) a global positioning system navigation device while it is being used to obtain navigation information in accordance with section 115.3,
(b) a cellular telephone or radio communication device being used in hands‑free mode,
(c) a logistical transportation tracking system device that is used to track vehicle location, driver status or the delivery of packages or other goods for commercial purposes,
(d) a dispatch system used for the transportation of passengers,
(e) a collision avoidance system device while it is being used to provide collision avoidance information, or
(f) an instrument, gauge, device or system that is used to provide information to the individual regarding the status of various systems or the location of the vehicle.
(3) Subsection (1) does not apply to an individual driving or operating an emergency vehicle while the individual is acting within the scope of the individual’s employment.
Global positioning system
115.3(1) Subject to this section and the regulations made under section 115.5, no individual shall use a global positioning system navigation device for navigation purposes while driving or operating a vehicle on a highway.
(2) An individual may use a global positioning system navigation device while driving or operating a vehicle on a highway if the system
(a) is programmed before the individual begins to drive or operate the vehicle, or
(b) is used in a voice‑activated manner.
(3) If a global positioning system navigation device is portable, an individual may use the system while driving or operating a vehicle on a highway if, in addition to the requirements of subsection (2), the system
(a) is not held in the individual’s hand, and
(b) is securely affixed to the vehicle in a manner that does not interfere with the safe operation of the vehicle.
Prohibited activities
115.4(1) Subject to this section and the regulations made under section 115.5, no individual shall drive or operate a vehicle on a highway while engaged in an activity that distracts the individual from the operation of the vehicle, including but not limited to
(a) reading or viewing printed material located within the vehicle other than an instrument, gauge, device or system referred to in section 115.2(2)(f),
(b) writing, printing or sketching,
(c) engaging in personal grooming or hygiene, and
(d) any other activity that may be prescribed in the regulations.
(2) Subsection (1) does not apply in respect of a vehicle that
(a) is not on a highway, or
(b) is parked in a manner specified in a regulation made under this Act.
Regulations
115.5 The Minister may make regulations
(a) exempting any individual or class of individuals, vehicles or devices from section 115.1, 115.2, 115.3 or 115.4 and prescribing conditions and circumstances for any such exemption;
(b) prescribing prohibited activities for the purposes of section 115.4;
(c) respecting the manner in which a cellular telephone, radio communication device or electronic device may be used in hands‑free mode.

[Bill Bumface]

Question, cop sees the annoying girl in front of me on Crowchild swerving into my memorial exit lane. Cop pulls up beside her and sees her head down, likely texting. Is that enough to get her? Or can she just go to court and come up with a lame excuse like she was fixing her pube that was stuck in her zipper?

[Bertuzzied]

Originally Posted by hulkrogan

Question, cop sees the annoying girl in front of me on Crowchild swerving into my memorial exit lane. Cop pulls up beside her and sees her head down, likely texting. Is that enough to get her? Or can she just go to court and come up with a lame excuse like she was fixing her pube that was stuck in her zipper?

that should be fine. Masturbation wasn't part of the list.