On Thursday Alberta's new and long overdue distracted driving legislation, Bill 16, will come into force.
It is being hailed as the toughest distracted driving legislation in Canada. Innisfail-Sylvan Lake MLA Luke Ouellette, the province's transport minister, noted no other jurisdiction in Canada addresses such a wide range of driving distractions.
However, it must also be said here the Alberta government has been dragging its feet on this legislation for far too long. It was approved by the government on Nov. 17, 2010 and won't be in effect until nearly a year later.
This is a point not missed by many law enforcement agencies across the province. In fact, Alberta RCMP didn't even bother to wait. Using the existing careless driving law, RCMP targeted distracted drivers last February.
This is an interesting point to consider further as the existing careless driving legislation carries a fine of $402 with six demerits. The new distracted driving legislation calls for a $172 fine with no demerits. Last fall Stelmach said licence demerit points, which affect insurance premiums, would come down the road if the new distracted driving legislation doesn't work.
But while the government's additional delay invites one failing grade to the new legislation there is much to applaud.
There is no doubt Bill 16 is sweeping in its scope. Beginning Sept. 1 it will be illegal for drivers to use hand-held cellphones, text or e-mail, or use electronic devices like laptop computers, video games and cameras. Drivers are also forbidden to use audio players like MP3 players, or enter information on GPS units. And it is also illegal to read, write, sketch or perform any type of personal grooming.
But Bill 16 stops short on banning hands-free cellphones or communication devices that can be activated by voice or a single touch.
Drivers will still be allowed to use CB or two-way radios when escorting oversized vehicles, to contact one's employer or when participating in search and rescue operations.
Although no province has introduced legislation that includes a ban on hands-free technology, it is already being targeted as the next logical step, something, which again, the Alberta government will review or delay if you will.
Dr. Louis Francescutti, president of Canada's Royal College of Physicians and Surgeons, is already suggesting to Alberta legislators that the absence of targeting hands-free cellphones in Bill 16 is a serious omission. He said the practice is dangerous, and that failing to include restrictions Bill 16 will lead to more lives being lost than saved.
His opinion is echoed by Anthony Singhal, a psychology and neuroscience professor at the University of Alberta, who has conducted his own research into distracted driving.
Singhal said research shows that hand-held and hands-free are equally distracting.
Buttressing this expert opinion is an Alberta Motor Association poll of drivers across the province, which showed almost 70 per cent of drivers backed the banning of all cellphones, including hands-free.
The best the Alberta government can counter to this comes from MLA Art Johnson, who introduced Bill 16. He will only say the Tories will be reviewing the hands-free issue in the future.
There is no doubt the Alberta government has finally taken an important big step with Bill 16 in reducing road injuries and fatalities on provincial highways, even if it took too long for the legislation to come into law.
And while prudence is usually the best strategy in matters of important legislation it should not be the priority when lives are at stake.
On the issue of hands-free cellphone use the Alberta government should immediately throw out its practice of study and delay and employ action with unprecedented vigour and urgency.
