It was Monday, February 1st that the grace period for Ontario's 'cell phone ban' ended, and motorists would officially start paying a price for talking on the phone or texting a friend while driving. I have always found the law to be rather redundant as there are multiple laws that already address reckless driving.
Now over half a year later I still talk, text, e-mail and read news on my BlackBerry every day during every single trip I take. In the same way that motorists will speed until they see a officer of the law, I perform the aforementioned acts until I spot a cop car in my sights. The law hasn't changed my behaviour just like I knew it wouldn't. To remind everyone of my initial arguments against the new law, I'm reposting a column I wrote for the Charlatan newspaper, "Leave my BlackBerry out of it."
My passenger seat is home to at least seven spoons. And my glove compartment houses multiple sets of bowls and some plastic cups. This is because I eat yogurt and cereal every morning while driving to Carleton (and clearly do not clean my car). I’m also usually pouring coffee from a thermos into a travel mug along the way. Sometimes I bring a plate of fried eggs and portions of orange juice for the journey. This often means I’m driving hands-free and that I’m perhaps one of the most distracted (or dangerous) drivers on the road.
But because a spoon is not an electronic entertainment or communications device, Ontario’s new law intended to reduce distracted driving will do nothing to address my behaviour.
The new law, which came into effect at the end of October, will mean drivers who take their hands off the wheel to make calls, text messages, write e-mails, or scroll through their music collections, could face fines of up to $500 starting in February. On the surface, this is a great idea. Our provincial lawmakers seem to be acting with good intentions. But as the real problem is distracted driving and not handheld gadgets, this law is merely using my BlackBerry as a scapegoat. Considering that careless driving has long been a punishable offence, the new rule is redundant, and I will go as far as to say that the net effect of it will be more dangerous roads.
Police can already charge drivers for reckless driving thanks to existing laws. If drive-by yogurt eating ever gets me a careless driving conviction, I would automatically receive six demerit points, a fine up to $1,000 and I might even face as much as six months in prison. In some cases, I would lose my licence for up to two years. Clearly, we already have regulations that discourage irresponsible driving.
If that’s the case, what will this new law accomplish? It likely won’t change much. Just because something is illegal, doesn’t mean that people won’t do it. Think smoking marijuana or stealing. Or speeding! Those who engage in such activities simply try not to get caught. Why would those who talk and text now be any different?
According to the CBC, a survey released in September revealed that 92 per cent of Ontario drivers said they intended to obey the new law. The way I see it, nine-tenths of Ontario drivers were likely never even doing any of the things that have now become illegal, and therefore, there’s likely no potential for positive change. We will have a situation where those who pick up their phones while on the road will do so while keeping a watchful eye out. And those who text or e-mail while behind the wheel will simply (with ease) keep their devices out of sight. I won’t even get into tinted windows (but I might go buy some).
With people attempting to hide their actions, they will be paying even less attention to the road than they were before their actions became unlawful.
Let’s not underestimate the power of personal financial incentives and social pressures. When people get into accidents they face increased insurance premiums, usually need to pay for costly repairs, plus they have to deal with guilt if their actions harm others. These are strong deterrents. You might argue that the prospect of a fine will further discourage some people. And it will discourage some. But, again, think about speeding. Most of us are not risk-averse and speed all the time with the possibility of getting caught.
The bottom line is drivers who endanger others no matter what they are doing can and should be penalized under existing laws. Sometimes it’s necessary to use a communications device while driving and capable drivers should be able to do so without fearing legal repercussions.
For goodness sakes, I can type on a BlackBerry without even looking at it.
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