The Use of Cell Phones in Motor Vehicles (D. Thiele)

Recommendation:
That the February 16, 2006, Corporate Services Department report 2006COH012 be received for information.

Report Summary

This report provides a response to an inquiry regarding the use of cell phones while driving within Edmonton's city limits.

Previous Council/Committee Action

At the January 17, 2006. City Council meeting, CouncillorD.Thiele made the following inquiry:

  1. Does the City of Edmonton currently have employee policy or directive for the use of cell phones or two way communication while driving? If nothing exists, does this place the City of Edmonton in a potentially vulnerable legal position? (insurance? liability?)
  2. Please provide a listing of the private sector companies that have currently banned the use of cell phone use while driving for their employees or who have signed onto a cell phone free driving policy. Please provide copies of their policies and include how enforcement is carried out.
  3. Please provide information on any current Canadian legislation that bans cell phone use while driving and please include how enforcement is carried out.
  4. Please advise what process Council would use if we wished to introduce a ban or place restrictions on the use of cell phones while operating a motor vehicle in Edmonton.
  5. Please supply available reports that study the effects of cellular phones on driving behaviour and crash risk.
  6. Please supply reports to Council that show current statistics regarding collisions while one or more of the drivers involved were using a cell phone.

Report

  1. City of Edmonton’s Guideline

The City of Edmonton has guidelines entitled ‘Occupational Health and Safety Guidelines for the Use of Cell Phones and Communication Devices While Operating Vehicles and Equipment’, developed by the Corporate Occupational Health & Safety Steering Committee. A copy of these guidelines is included as Attachment 1.

  1. Private Sector Companies that have Banned the Use of Cell Phones

In Alberta, an organization called the Coalition for Cell Phone-Free Driving was recently established. Six corporations have signed on with the Coalition. These are:

  • Sterling Crane
  • Hole’s Greenhouses
  • Schlumberger
  • Halliburton
  • Tucker Wireline Services
  • Shippers Supply INC.

Indications are that these organizations have adopted a policy based on the generic policy published by the Coalition. Attempts were made to obtain information from all of the aforementioned companies. Two companies provided copies of their policies; Sterling Crane (Attachment 2) and Halliburton (Attachment 3). No response was received from the other companies.

Enforcement is difficult, but the policy is being enforced in a manner similar to other corporate policies.

  1. Information on Current Canadian Legislation

According to information provided by Transport Canada, it is illegal in Newfoundland and Labrador to use a hand-held cellular phone while driving. Violations result in fines ranging from $45 - $180 and violators receive up to four demerit points. This amendment to the Highway Traffic Act came into effect on April 1, 2003. No other Canadian jurisdictions currently ban the specific use of cell phones while driving, although some jurisdictions are considering legislation. Attachment 4 is a copy of the Newfoundland provision.

Across Canada, a driver who causes a collision by using a cellular phone, or who is observed driving unsafely while using the device, could be charged under a number of other provincial, territorial or federal laws including, but not limited to, those related to dangerous driving, careless driving and criminal negligence causing death or injury.

  1. Process Council would use to Introduce a Ban

If Council wished to introduce a ban or place restrictions on the use of cell phones while operating a motor vehicle in Edmonton it would do so by passing a bylaw containing such a prohibition or regulations.

  1. Reports that Study the Effects of Cell Phones when Driving

Research into the use of cell phones while driving is ongoing. Attached are three articles that discuss the research available and some of the conclusions drawn from that research.

  • An article found on the City of Edmonton’s e-City that provides background information related to development of the City’s guideline (Attachment 5).
  • Information from the Coalition for Cell Phone-Free Driving’s website outlining their research (Attachment 6).
  • Information from the Canadian Safety Council’s website and their analysis of the research and the relevant issues (Attachment 7).
  1. Statistics Regarding Collisions

Information on collisions, where one or more drivers were using a cell phone, is found in Attachment 8.

Background Information Attached

  1. Occupational Health and Safety Guidelines for the Use of Cell Phones and Communication Devices While Operating Vehicles and Equipment
  2. Sterling Safety Regulations
  3. Halliburton’s Corporate Policy
  4. Newfoundland - Use of Hand-Held Cellular Phones Prohibited
  5. Backgroundinformation related to development of the City’s guideline.
  6. The Coalition for Cell Phone Free Driving
  7. Too Many Distractions
  8. National Conference of State Legislatures – Cell Phones and Highway Safety 2005 State Legislative Update

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