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Using Electronic Devices While Driving: Legislation and Enforcement Implications (2021)

Chapter: Appendix F - Presentation for Key Stakeholders

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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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Suggested Citation:"Appendix F - Presentation for Key Stakeholders." National Academies of Sciences, Engineering, and Medicine. 2021. Using Electronic Devices While Driving: Legislation and Enforcement Implications. Washington, DC: The National Academies Press. doi: 10.17226/26082.
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F-1 Presentation for Key Stakeholders A P P E N D I X F

F-2 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 1 Developing and Implementing Electronic Device Legislation to Deter Distracted Driving

Presentation for Key Stakeholders F-3 Slide 2 Key Audiences Legislators and Policy Makers Highway Safety Administrators Law Enforcement Community Stakeholders and Advocates Public Health Officers Educators

F-4 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 3 [For all audiences] • Distracted driving is a major traffic safety issue affecting motorists. In 2018 alone, there were 2,841 motor vehicle fatalities that involved a distracted driver. • However, distracted driving is underreported and is likely a contributing cause in far more fatal crashes. Electronic device use, particularly dialing, texting, and browsing the internet while driving, are some of the more common distractions. Studies show that engaging in these behaviors while driving is extremely risky. It takes about 5 seconds, on average, to read or send a text. In that time span, with your eyes on your device and not on the road, a vehicle travelling at 55 miles per hour will cover the length of a football field. Background Distracted Driving  A diversion of attention away from activities critical for safe driving toward a competing activity.  In 2018, there were 2,841 motor vehicle fatalities in the U.S. involving a distracted driver. Distracted Driving Is Likely Underreported!  Research shows the use of electronic devices is a common cause of distracted driving resulting in serious safety implications.  Many states and local governments in the U.S. and internationally have passed laws restricting or banning the use of electronic devices to talk or text while driving.

Presentation for Key Stakeholders F-5 Slide 4 [For all audiences] Purpose of This Presentation  Provide relevant information and guidance for different stakeholders responsible for drafting, enacting, implementing, and enforcing legislation on electronic devices.  Focus on the process of developing a new law or modifying an existing law.  Highlight successful strategies, protocols, and procedures from jurisdictions across North America to deter distracted driving, specific to electronic device use.  Guide each implementation stage of effective electronic device legislation.

F-6 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 5 [For all audiences] • Here are some of the terms used in this presentation. [Read the definitions] • In most jurisdictions, “electronic device” does not include in-vehicle systems, two-way radio, citizens band radio, or amateur radio equipment. Key Definitions The following key terms are used in this presentation: “Electronic Device” Any portable electronic that is capable of wireless communication, electronic information, or data retrieval, and is not an in-vehicle system. This includes, but is not limited to, a cellphone, tablet, laptop, two-way messaging device, and electronic game. “Use” Holding, viewing, and manipulating of a handheld, mounted, or hands-free electronic device. “Manipulating” Multiple types, swipes, or presses. “Handheld” Holding or using a portion of the body to hold an electronic device.

Presentation for Key Stakeholders F-7 Slide 6 [For all audiences] • [Read the definitions] • “Operate a Motor Vehicle” does not include when the operator has pulled the motor vehicle over to the side of, or off of, a public roadway and has halted in a location where the motor vehicle can safely remain stationary. Key Definitions (continued) “Operate a Motor Vehicle” Driving a motor vehicle on a public way with the engine running, including while temporarily stationary because of traffic, a traffic light, or a stop sign. “Text” Reading or manually composing electronic communications, including text messages, instant messages, and emails using an electronic device. “Hands-Free” The use of an electronic device to talk or listen without use of either hand or any part of the body to prop the device, but instead by employing an internal feature (e.g., speakerphone) or an attachment to the device. “Jurisdiction” A geographic area or a population, including a city, county, state, or province.

F-8 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 7 [For all audiences] • These are the implementation stages of effective electronic device legislation. The presenta- tion will provide detailed information for each of these stages. Implementation Stages of Electronic Device Use Legislation Identifying the Problem Developing Language of the Law Establishing Fines and Penalties Enacting Legislation Educating the Public Enforcing the Law Evaluating

Presentation for Key Stakeholders F-9 Slide 8 [For all audiences] • Different data sources may be used to measure the magnitude of the problem. – An increasing number of jurisdictions are identifying the type of distraction on crash reports. – Citation data are used by many jurisdictions to plan enforcement and outreach activities. – Observational surveys of electronic device use were also mentioned as an evaluation method. Currently, not many jurisdictions collect this data. Observations of electronic device use may be added to state observational surveys of seat-belt use. Important data to collect includes: � Demographic information (gender, age). � Time of day. � Behavior observed (holding and talking versus manipulating). – Several jurisdictions measure the public’s knowledge, attitudes, and behaviors to support highway safety activities, legislation, and enforcement. In many cases, the survey data point to a high level of awareness of the dangers of distracted driving. [Examples below should be updated with more recent statistics] � For example, in December 2017, a survey of Ontarians revealed that a majority (90%) felt that it is dangerous to send/read a text message or use a handheld device while driving, and perceptions of these dangers have increased since 2015 (85%). � In Nebraska, a majority of respondents to the Annual Traffic Safety Study in 2018 sup- ported a law allowing a ticket solely for cell phone use while driving (61%), and most respondents (92%) supported a law allowing drivers to be stopped and ticketed solely for texting while driving. � These findings may support transition to a primary law. [Additional information on data and evaluation is presented in the sections specific to highway safety administrators and public health officials.] Identifying the Problem Different data sources may be used to measure the magnitude of the problem, support legislation, identify risk groups, and plan enforcement and outreach activities.  Crash forms or distracted driving citations to estimate electronic device use.  Pre-and post-implementation observational data of electronic device use to measure any behavior changes.  Public opinion surveys to assess the level of awareness related to the dangers of distracted driving and measure support for distracted driving laws.

F-10 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 9 [For all audiences] • The language of the law has a significant impact on enforcement and public acceptance; there- fore, it is essential to give a great deal of thought to the wording. • Inclusive or wide-ranging language allows for broad interpretation of the distracted driving law. • A number of jurisdictions purposefully designed the language to reduce these types of limita- tions in the laws. – In some jurisdictions, the language of the law was revised to a “mobile electronic device” instead of a “mobile communication device” in order to broaden the definition of device usage and remove many exceptions to the statute. – Other jurisdictions avoided complexities that can arise from vague definitions of “use” by stating in the legislation that “a driver who is holding a device is presumed to be using it.” – It is also important to note inclusion of clear language as to those instances or times in which electronic device use is allowed when the vehicle is not in motion, such as contacting emergency personnel, which is also important. [Additional information on model legislation is presented in the sections specific to legislators and highway safety administrators.] Developing the Language of the Law 9  Content and wording of distracted driving legislation can impact the ability to enforce the law and public acceptance.  The language of the law should be inclusive or wide ranging.  “Electronic device” instead of a “mobile communication device” or “cellphone.”  Use qualifying statements “a driver who is holding a device is presumed to be using it.”  Clearly define terminology used in the legislation.  Exceptions to the law can make enforcement challenging.  For example, allowing handheld use but not allowing texting, requiring the vehicle to be in motion, or secondary enforcement versus primary.

Presentation for Key Stakeholders F-11 Slide 10 [For all audiences] • Decisions regarding penalties and fines are an important part of the implementation of a distracted driving law. • Representatives in several jurisdictions indicated that there was some concern with setting a fine too high because officers may be reluctant to issue the citation. Therefore, it is important to assign fines and penalties that are similar to other traffic violations in your jurisdiction. • Although several jurisdictions have instituted incremental fines and penalties, there is limited research on reducing electronic device use to support whether these initiatives have been effective. This is an ongoing research need. Safety advocates in some of the jurisdictions spec- ulated that incremental penalties may be more effective than incremental fines because people are more willing to accept a one-time fee rather than the loss of their license. • In addition to incremental fines/penalties, several jurisdictions have more punitive measures, such as jail time, in cases where crashes involving electronic device use result in injury or death. • It is also important to educate the public on the fines and penalties associated with a distracted driving citation. For example, some law enforcement personnel initially expressed concern over issuing substantial fines in Connecticut; however, due to the high level of public educa- tion and outreach, it became easier to issue citations over time because drivers could no longer indicate that they were unaware of the law. Establishing Fines and Penalties  Decisions regarding penalties and fines are an important part of the implementation of electronic device legislation.  Assign fines and penalties for distracted driving that are similar to other traffic violations.  Several jurisdictions have incremental fine or penalty structures.  Several jurisdictions have more punitive measures in cases where a crash resulting in a death or injury involves a driver who is distracted by an electronic device.  Public information campaigns are important to increase public acceptance of fines and penalties.

F-12 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 11 [For all audiences] • Several strategies are used when enacting or revising electronic device use legislation. – A number of jurisdictions indicated that including a variety of partners in the process was key to enacting or revising electronic device use legislation. – Another strategy for developing a stronger law is to initially prohibit texting and develop a more rigorous law over time. – Some jurisdictions adopted local ordinances with the hope of influencing the state govern- ment to enact or revise a law. • With respect to challenges: – While an increasing number of jurisdictions have been reporting type of distraction on their crash reports, few collect observational data. Collecting observational data is impor- tant because it helps to identify the problem areas and can guide legislation. Additionally, there is a need for research on the impact of distracted driving legislation and how certain components of the fine and penalty structure affect recidivism. – At the time of writing, there were only four states (Connecticut, Oregon, Maine, and New Jersey) that were eligible for 405E funding from NHTSA based on the language of their laws. While states are interested in qualifying for 405E funding and for additional support from NHTSA, this can be challenging to match the language and requirements needed to receive the funding. [Update as needed] – Jurisdictions indicated that there was sometimes resistance to revisions of the law. For example, politicians who believe that voting constituents would be against it and so will not support the law or any revisions. [Additional Information on model legislation is presented in the sections specific to legislators and highway safety administrators.] Enacting Legislation  Jurisdictions use different strategies to enact or revise electronic device use legislation, including:  Building a coalition or team of stakeholders.  Starting with the texting law and the addition of more rigorous clauses.  Adopting local ordinances.  Some of the challenges faced included:  Availability of data to support the need for legislation.  Using language to meet eligibility requirements for additional traffic safety grants (e.g., NHTSA 405E funding).  Resistance to revisions of the existing law.

Presentation for Key Stakeholders F-13 Slide 12 [For all audiences] • In many jurisdictions, a strong public awareness campaign was designed following the initial enactment or revision of the distracted driving law. Public awareness campaigns also take place primarily during Distracted Driving Awareness Month (April). • Outreach efforts include social media advertisements, radio/TV commercials, public events, and programs in schools or with younger drivers. Because funding is limited, these events are often a result of partnerships. • When developing outreach messages, tailor the message so that it resonates with the target audience. Use language the audience will clearly understand. Use the data (crash, citation, observation) to identify the population in most need of the information. [Additional Information on educating the public is presented in the sections specific to highway safety administrators and educators.] Educating the Public  Public awareness campaigns are important when implementing electronic device use legislation.  Campaigns should be implemented:  Following the enactment or revision of the law.  During Distracted Driving Awareness Month.  Year-round via social media, public events, and programs in schools with young drivers.  Developing partnerships with other stakeholders is a key method to increase public awareness.  Outreach campaigns should be tailored so they resonate with the target audience.

F-14 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 13 [For all audiences] • It is important to include law enforcement when developing the law, because the language of the law needs to be enforceable. Including law enforcement from the beginning helps to get their buy-in and supports the development of a more enforceable law. • Enforcement should be emphasized during high-visibility periods, such as Distracted Driving Awareness Month. • Efforts should be directed toward areas with higher rates of crashes involving distracted drivers or high rates of citations. • Finally, the type of enforcement strategies selected are often directly related to the language of the law, including any exemptions. [Additional information on enforcement is presented in the section specific to law enforcement.] Enforcing the Law  Law enforcement agencies are essential partners when developing the content and language for new or revised electronic device legislation.  Enforcement Strategies:  High-visibility enforcement during defined periods, such as Distracted Driving Awareness Month.  Using data to target enforcement areas, population, and time of day.  Enforcement activities are tailored to the local law, including any exemptions, such as a primary versus secondary law.

Presentation for Key Stakeholders F-15 Slide 14 [For all audiences] • Evaluations can be used to assess the impact of new legislation, identify risk groups, and plan enforcement and outreach activities. • Observational surveys of electronic device use can be conducted. At the time of writing, not many of the jurisdictions collected observational data. One approach to gathering this information is to add electronic device use as one of the variables collected during the state observational surveys of seat belt use. [Additional information on evaluation is presented in the sections specific to highway safety admin- istrators and public health officials.] Evaluation  Periodic review is important to understanding the impact of the distracted driving law.  Evaluation can:  Assess the impact of new legislation, enforcement, fines, public awareness, and penalties.  Identify high-risk groups over time and target enforcement and outreach activities.  Evaluation can use information from the following sources:  Distracted driving crashes.  Distracted driving citations.  Observational surveys of distracted driving.  Public surveys of knowledge and awareness.

F-16 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 15 [Additional slides for legislators and policy makers] Legislators and Policy Makers

Presentation for Key Stakeholders F-17 Slide 16 [Read the role] As legislators and policy makers, your role is to lead the process in revising or implementing electronic device use legislation. What Is Your Role?

F-18 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 17 • A key strategy to promote new distracted driving legislation is to build a coalition of stake- holders. An effective coalition extends the reach and intensifies the impact of the traffic safety program’s education and outreach efforts by increasing the number of individuals who have a better understanding of the importance of distracted driving legislation and are willing to act as advocates. • A strong and effective coalition will increase the program’s access to: – Various safety advocates and capabilities within the community, – Available physical and financial resources, and – Different areas of expertise. Coalition Building  A key strategy to promote new distracted driving legislation is to build a coalition of stakeholders.  Coalitions extend the reach and intensify the impact of a traffic safety program.  Coalitions increase access to: • Various safety advocates and capabilities within the community. • Available physical and financial resources. • Different areas of expertise.

Presentation for Key Stakeholders F-19 Slide 18 • Forming a coalition provides stakeholders with an opportunity to: – Combine their resources, – Exchange information and brainstorm, – Disperse responsibilities and work assignments, – Allocate funding and other resources, – Plan community activities, – Review goals and objectives of the program, – Examine progress, and – Develop and modify strategies for outreach. • Most notably, being part of a coalition can encourage individual members to take on leader- ship roles to increase compliance, raise the level of traffic safety, and improve the quality of life within their community. Coalition Building • Forming a coalition provides stakeholders with an opportunity to: • Combine their resources. • Exchange information and brainstorm. • Disperse responsibilities and work assignments. • Allocate funding and other resources. • Plan community activities. • Review goals and objectives of the program. • Examine progress. • Develop and modify strategies for outreach. • Being part of a coalition can encourage individual members to take on leadership roles to increase compliance with the law, prioritize traffic safety, and improve the quality of life within their community.

F-20 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 19 • Several jurisdictions indicated that including a variety of partners in the process was key to enacting or revising a more rigorous distracted driving law. • Important partners to consider include relevant state or provincial government agencies such as those in highway safety, law enforcement, the judiciary, and the department of motor vehi- cles. Other possible partners include political leaders such as legislators and state governors. Nongovernmental stakeholders such as safety organizations and community leaders can also help facilitate and garner support for a new law. • Victim advocates can also serve as leading voices for stronger distracted driving laws, as has been the case in Maryland and Pennsylvania. • Several jurisdictions’ representatives mentioned the importance of inviting groups that might be in opposition to the law to coalition meetings in order to better understand their concerns and arguments and see if their concerns can be addressed or a compromise can be achieved. For example, in some states, issues regarding racial profiling have been raised by different groups. By including concerned parties, it may be possible to reach a compromise, such as through an annual review of citation demographics. • Examples of coalition building [Update with recent examples as needed]: – In Alberta, community members participated in the vetting process of a new law or revision in order to increase legislative and public acceptability. – The Connecticut Highway Safety Office gathered stakeholders from the police, DMV, and judicial branch to work together to piece together the distracted driving law. – In Maine, the New England AAA played a key role in spearheading legislation. – In Ontario, distracted driving policy changes were made in cooperation with members of the public, enforcement partners, road safety groups, and community groups in both consultations and a public forum. – Representatives in Virginia hired a lobbyist to help them support the transition from a texting law to a hands-free ban. – In Oregon, an interdisciplinary task force was created in 2016 to tackle distracted driving. The task force included subject-matter experts from the fields of transportation, research, law enforcement, communications, health care, the behavioral sciences, and policy, as well as the judicial and legislative branches, and had a goal of covering every facet of distracted driving. The task force made recommendations related to necessary data and reporting, legislation and policy, enforcement, and education and communication. The work of the task force supported the revision of the distracted driving law. Coalition Building Key members include:  Political leaders;  Highway safety agency staff;  Law enforcement;  Medical personnel and first responders;  Judiciary;  Department of Motor Vehicles (DMV);  Public health officials;  Safety organizations;  Community leaders;  Victim advocates;  Universities/research centers; and  Media.

Presentation for Key Stakeholders F-21 Slide 20 • When helping to develop a law, take into account current technologies and uses and make provisions for future technology. • The law should attempt to stop the most dangerous behaviors associated with electronic device use—specifically, behaviors that result in diversion of attention from the driving task by taking eyes off the road for any extended period of time, even if the electronic device is hands free or mounted. • For a law to be effective, its language must ensure that the law is enforceable. For example, jurisdictions indicated that “texting” is not only difficult to enforce but is also antiquated lan- guage. Current users are browsing, snapchatting, watching, creating videos, and manipulating devices in other ways. Therefore, it is important to scrutinize all language and terminology used in the law. • The penalty and fine structure should be clearly defined. – In order to increase public acceptance, fines should be in line with other traffic safety laws. – Incremental fines should be in place for subsequent violations. – Penalties for distracted driving should also be in line with other serious traffic offenses. There is some belief that points against a driver’s license that have the potential to result in temporary suspension or loss of the license are more effective at modifying behavior than monetary fines are. Additionally, points on a license are often associated with increased insurance rates, making the penalty more punitive. • The law should have few exemptions. Possible exemptions include: – Law enforcement and first responders in the line of duty. – Reporting an emergency. – Hands-free use of GPS or navigational system. Key Components of Electronic Device Use Legislation  Take into account current technologies and uses, as well as make provisions for future technology.  Attempt to stop the most dangerous behaviors associated with electronic device use; specifically, behaviors that result in taking eyes off the road.  Use inclusive language:  The term “electronic device,” as opposed to “cell phone” or “mobile device,” allows for greater inclusion of devices covered by the law.  Use clear descriptions of the behaviors that violate the law.  Have well-defined penalty and fine structures.  Have limited exemptions to the law.

F-22 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 21 • The law should prohibit the use of electronic devices at all times when the vehicle is travel- ing on public roads, including when the vehicle is at traffic signals and when it is temporarily slowed or stopped in traffic. Use of the electronic device should be permitted only when the vehicle is legally parked or pulled over on the side of the road. This is important for safety and ensures enforceability of the law. • The language should clearly state driver behaviors that are in violation of the law. The driver should not: – Hold or support an electronic device with any part of his/her body. – Use the electronic device to manually dial numbers or input text or to engage in multiple swipes or taps. This includes when the device is used hands free (mounted, affixed, or rest- ing somewhere in the vehicle). – Use an electronic device to stream, record, or broadcast video. This includes when the device is used hands free (mounted, affixed, or resting somewhere in the vehicle). – Use the electronic device or applications on the device that display motion on the device’s screen, with the exception of GPS or navigational software. This includes when the device is used hands free (mounted, affixed, or resting somewhere in the vehicle). Recommended Behaviors to Include in the Law  Electronic devices should be prohibited at all times when the vehicle is traveling on public roads, including when the vehicle is temporarily slowed or stopped in traffic or at traffic signals.  The language should clearly state that the driver should not engage in the following behaviors:  Hold or support an electronic device with any part of his/her body.  Use the electronic device to manually dial numbers or input text, as well as engage in multiple swipes or multiple taps.  Use an electronic device to stream, record, or broadcast video.  Use the electronic device or applications on the device that display motion on the device’s screen, with the exception of GPS or navigational software. This includes when the device is used hands free (mounted, affixed, or resting somewhere in the vehicle).

Presentation for Key Stakeholders F-23 Slide 22 • When developing legislation, clearly define the terminology used. The example on the slide shows how to define the terminology in the legislation. [This slide is intended to be a reference to the wording in the model law.] The legislation should clearly define the terminology used. This is an example of how to define terminology in your law. Section 1: The following provides definitions of the terminology used in Section 2, “Prohibitions” and Section 3, “Exceptions”.  “Electronic Device” means any portable electronic that is capable of wireless communication or electronic information or data retrieval and is not is not an in- vehicle system. This includes, but is not limited to, a cellphone, tablet, laptop, two-way messaging device, or electronic game. “Electronic Device” does not include in-vehicle systems, two-way radio, citizens band radio, or amateur radio equipment.  “Use” includes holding, viewing, and manipulating, including, multiple swipes or presses of a handheld, mounted, or hands-free electronic device.  “Handheld” means holding or using a portion of the body to hold an electronic device.  “Operate a Motor Vehicle” means driving a motor vehicle on a public way with the motor running, including while temporarily stationary because of traffic, a traffic light or a stop sign or otherwise stationary. "Operate A Motor Vehicle" does not include operating a motor vehicle with or without the motor running when the operator has pulled the motor vehicle over to the side of, or off, a public way and has halted in a location where the motor vehicle can safely remain stationary.  “Text” means reading or manually composing electronic communications including text messages, instant messages, and emails using an electronic device.  “Hands-free” means the use of an electronic device to talk or listen without use of either hand or any part of the body to prop the device, but instead by employing an internal feature (e.g. speakerphone) or an attachment to the device. Example Model Law: Definitions of Terminology Used

F-24 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 23 • This slide shows how to write the prohibited behaviors when developing electronic device use legislation. [This slide is intended to be a reference to the wording in the model law.] The prohibited behaviors should be clearly stated. This is an example of how to identify prohibited behaviors in your law. Section 2: The following prohibitions apply to using an electronic device while operating a motor vehicle, except as provided in Section 3, “Exceptions.”  A person may not operate a motor vehicle while using a handheld electronic device.  A person may not operate a motor vehicle while dialing numbers or inputting text, engaging in multiple swipes or multiple taps, this includes use when the device is hands-free.  A person may not stream, record, or broadcast video, this includes use when the device is hands-free.  A person may not use applications on the device that depict motion on the device’s screen, with the exception of a global positioning system (GPS) or navigational software, this includes use when the device is hands-free.  Drivers who are 16 or 17 years of age are restricted from using any type of electronic device while driving, even with hands-free accessories, with the exception of GPS or navigational software. Example Model Law: Prohibitions

Presentation for Key Stakeholders F-25 Slide 24 • As indicated earlier, a model law will have very limited exemptions. These should be clearly stated. [This slide is intended to be a reference to the wording in the model law.] Example Model Law: Exemptions Any exemptions to the law must be clearly stated. This is an example of possible exemptions to include in your law. Section 3: The following exceptions apply to Section 2, “Prohibitions.”  A cellphone or mobile electronic device may be used, by a driver of any age, in an emergency situation, when contacting an emergency response operator, a hospital, physician’s office, health clinic, ambulance company, or fire or police department.  The law 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.  GPS or navigational software use is allowed when the electronic device is being used hands-free, however, inputting the destination must be performed when the operator has pulled the motor vehicle over to the side of, or off, a public way and has halted in a location where the motor vehicle can safely remain stationary with the engine turned off.  Use of a citizen's band radio or two-way radio by an operator of a moving commercial motor vehicle on a public road or highway is allowed.

F-26 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 25 • Assignment of points or license suspension should be structured similarly to other traffic safety laws. [If the state has a points system] • A person who violates Section 2, “Prohibitions,” commits a traffic infraction for which ____ points will be issued. • A second offense under this section is subject to ____ points issued. • A third or subsequent offense under this section is subject to ____ points issued and/or tem- porary suspension of the person’s license for a period of ____ days. [If the state does not have a points system in place] • A person who has a third or subsequent violation of Section 2, “Prohibitions” within a 3-year period will be issued a suspension of his/her license for a period of: – 30 days, if the person has 3 adjudications. – 60 days, if the person has 4 adjudications. – 90 days, if the person has 5 or more adjudications. [This slide is intended to be a reference to the wording in the model law.] Example Model Law: Penalties and Fines Outline the penalties and fines. This is an example of how to outline penalties and fines in your law. Section 4: The following penalties apply to a violation of Section 2, “Prohibitions.” Fines:  A person who violates Section 2, “Prohibitions” commits a traffic infraction for which a fine of $____ will be issued.  A second or subsequent offense under this section is subject to a fine of $____. Points / License Suspension:  Depending on the system in the state  Incremental Penalty – additional points for second or third offense.  License Suspension – for third offense within a 3-year period.

Presentation for Key Stakeholders F-27 Slide 26 • These are some of the challenges to implementing or revising legislation that the authors heard from jurisdictions across the United States and Canada: – In Idaho, there was resistance from businesses and farmers, who expressed opposition to including a hands-free ban to the state’s distracted driving law. Businesses and farmers viewed the inclusion of a hands-free ban as challenging in their working environment. However, in an attempt to influence state legislation, the cities of Hailey, Idaho Falls, Ketchum, Pocatello, and Sandpoint enacted local ordinances banning handheld use of cell phones. This method has been successful in other traffic safety efforts such as moving from secondary to primary seat belt enforcement laws in several states. – In some cases, compromises regarding certain sections may enable passing of a more rigor- ous law than the existing legislation. For example, it may help to compromise on the level of the fine but still improve enforceability of the law by improving the language and adding needed restrictions. – It is important to recognize why a law does not pass and work on improving the process; in Virginia, nonprofit organizations led by Drive Smart Virginia lobbied and worked toward revisions of the distracted driving law, to transition from a texting and driving law to a hands-free law. The law has been blocked twice. Following each failed attempt, they spent time analyzing the reasons why the bill failed and addressed these issues with their next proposal. – By involving different kinds of stakeholders, including potential dissenters, you increase the likelihood that the law will pass. Challenges and Possible Solutions  There may be resistance to implementing or revising a distracted driving law.  Some possible solutions to address resistance include:  If change is not possible at the state level, begin with local ordinances.  Make revisions to selected sections of the law, targeting specific issues.  Analyze why the bill did not previously pass and make adjustments.  Invite key stakeholders to participate in the coalition and develop joint resolutions to respond to their concerns.

F-28 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 27 [Additional slides for highway safety administrators] Highway Safety Administrators

Presentation for Key Stakeholders F-29 Slide 28 [Read the role] What Is Your Role? As highway safety administrators, your role is to work with legislators and other policy makers to promote new or revise electronic device use legislation. As experts in the field, you can provide needed background information to support this process. Your agency will also be responsible for coordinating with law enforcement, developing and evaluating public awareness campaigns, and working with stakeholders.

F-30 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 29 • A key strategy to promote new distracted driving legislation is to build a coalition of stake- holders. An effective coalition extends the reach and intensifies the impact of the traffic safety program’s education and outreach efforts by increasing the number of individuals who have a better understanding of the importance of distracted driving legislation and are willing to act as advocates. • A strong and effective coalition will increase the program’s access to: – Various safety advocates and capabilities within the community, – Available physical and financial resources, and – Different areas of expertise. Coalition Building  A key strategy to promote new distracted driving legislation is to build a coalition of stakeholders.  Coalitions extend the reach and intensify the impact of a traffic safety program.  Coalitions increase access to: • Various safety advocates and capabilities within the community. • Available physical and financial resources. • Different areas of expertise.

Presentation for Key Stakeholders F-31 Slide 30 • Forming a coalition provides stakeholders with an opportunity to: – Combine their resources, – Exchange information and brainstorm, – Disperse responsibilities and work assignments, – Allocate funding and other resources, – Plan community activities, – Review goals and objectives of the program, – Examine progress, and – Develop and modify strategies for outreach. • Most notably, being part of a coalition can encourage individual members to take on leader- ship roles to increase compliance, raise the level of traffic safety, and improve the quality of life within their community. Coalition Building • Forming a coalition provides stakeholders with an opportunity to: • Combine their resources. • Exchange information and brainstorm. • Disperse responsibilities and work assignments. • Allocate funding and other resources. • Plan community activities. • Review goals and objectives of the program. • Examine progress. • Develop and modify strategies for outreach. • Being part of a coalition can encourage individual members to take on leadership roles to increase compliance with the law, prioritize traffic safety, and improve the quality of life within their community.

F-32 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 31 • Several jurisdictions indicated that including a variety of partners in the process was key to enacting or revising a more rigorous distracted driving law. • Important partners to consider include relevant state or provincial government agencies such highway safety, law enforcement, the judiciary, and the department of motor vehicles. Other possible partners include political leaders such as legislators and state governors. Non- governmental stakeholders such as safety organizations and community leaders can also help to facilitate and garner support for a new law. • Victim advocates can also serve as leading voices for stronger distracted driving laws, as has been the case in Maryland and Pennsylvania. • Several jurisdictions’ representatives mentioned the importance of inviting groups that might be in opposition to the law to coalition meetings in order to better understand their concerns and arguments and see if their concerns can be addressed or a compromise can be achieved. For example, in some states, issues regarding racial profiling have been raised by different groups. By including concerned parties, it could be possible to reach a compromise, such as through an annual review of citation demographics. • Examples of coalition building [Update with recent examples as needed]: – In Alberta, community members participated in the vetting process of a new law or revision in order to increase legislative and public acceptability. – The Connecticut Highway Safety Office gathered stakeholders from the police, DMV, and the judicial branch to work together to piece together the distracted driving law. – In Maine, the New England AAA played a key role in spearheading legislation. – In Ontario, distracted driving policy changes were made in cooperation with members of the public, enforcement partners, road safety groups, and community groups in consulta- tions and a public forum. – Representatives in Virginia hired a lobbyist to help them support the transition from a texting law to a hands-free ban. – In Oregon, an interdisciplinary task force was created in 2016 to tackle distracted driving. The task force included subject-matter experts from the fields of transportation, research, law enforcement, communications, health care, the behavioral sciences, and policy, as well as the judicial and legislative branches, and had a goal of covering every facet of distracted driving. The task force made recommendations related to necessary data and reporting, legislation and policy, enforcement, education, and communication. The work of the task force supported the revision of the distracted driving law. Coalition Building Key members include:  Political leaders;  Law enforcement;  Medical personnel and first responders;  Judiciary;  Department of Motor Vehicles (DMV);  Public health officials;  Safety organizations;  Community leaders;  Victim advocates;  Universities/research centers; and  Media.

Presentation for Key Stakeholders F-33 Slide 32 • When helping to develop a law, take into account current technologies and uses and make provisions for future technology. • The law should attempt to stop the most dangerous behaviors associated with electronic device use; specifically, behaviors that result in diversion of attention from the driving task by taking eyes off the road for any extended period of time, even if the electronic device is hands free or mounted. • For a law to be effective, its language must ensure that the law is enforceable. For example, jurisdictions indicate that “texting” is not only difficult to enforce but is also antiquated lan- guage. Current users are browsing, snapchatting, watching, creating videos, and manipulating the device in other ways. Therefore, it is important to scrutinize all language and terminology used in the law. • The penalty and fine structure should be clearly defined. – In order to increase public acceptance, fines should be in line with other traffic safety laws. – Incremental fines should be in place for subsequent violations. – Penalties for distracted driving should also be in line with other serious traffic offenses. There is some belief that points against a driver’s license that have the potential to result in temporary suspension or loss of the license are more effective at modifying behavior than monetary fines are. Additionally, points on a license are often associated with increased insurance rates, making the penalty more punitive. • The law should have few exemptions. Possible exemptions include: – Law enforcement and first responders in the line of duty. – Reporting an emergency. – Hands-free use of GPS or navigational system. Key Components of Electronic Device Use Legislation  Take into account current technologies and uses, as well as make provisions for future technology.  Attempt to stop the most dangerous behaviors associated with electronic device use; specifically, behaviors that result in taking eyes off the road.  Use inclusive language:  The term “electronic device,” as opposed to “cell phone” or “mobile device,” allows for greater inclusion of devices covered by the law.  Use clear descriptions of behaviors that are in violation of the law.  Have well-defined penalty and fine structures.  Have limited exemptions to the law.

F-34 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 33 • The law should prohibit the use of electronic devices at all times when the vehicle is travel- ing on public roads, including when the vehicle is at traffic signals and when it is temporarily slowed or stopped in traffic. Use of the electronic device should be permitted only when the vehicle is legally parked or pulled over on the side of the road. This is important for safety and ensures enforceability of the law. • The language should clearly state driver behaviors that are in violation of the law. The driver should not: – Hold or support an electronic device with any part of his/her body. – Use the electronic device to manually dial numbers or input text, as well as to engage in multiple swipes or taps. This includes when the device is used hands free (mounted, affixed, or resting somewhere in the vehicle). – Use an electronic device to stream, record, or broadcast video. This includes when the device is used hands free (mounted, affixed, or resting somewhere in the vehicle). – Use the electronic device or applications on the device that display motion on the device’s screen, with the exception of GPS or navigational software. This includes when the device is used hands free (mounted, affixed, or resting somewhere in the vehicle). Recommended Behaviors to Include in the Law  Electronic devices should be prohibited at all times when the vehicle is traveling on public roads, including when the vehicle is temporarily slowed or stopped in traffic or at traffic signals.  The language should clearly state that the driver should not engage in the following behaviors:  Hold or support an electronic device with any part of his/her body.  Use the electronic device to manually dial numbers or input text, as well as engage in multiple swipes or multiple taps.  Use an electronic device to stream, record, or broadcast video.  Use the electronic device or applications on the device other than GPS or navigational software.

Presentation for Key Stakeholders F-35 Slide 34 • When developing legislation, clearly define the terminology used. The example on the slide shows how to define the terminology in the legislation. [This slide is intended to be a reference to the wording in the model law.] Example Model Law: Definitions of Terminology Used The legislation should clearly define the terminology used. This is an example of how to define terminology in your law. Section 1: The following provides definitions of the terminology used in Section 2, “Prohibitions” and Section 3, “Exceptions”.  “Electronic Device” means any portable electronic that is capable of wireless communication or electronic information or data retrieval and is not an in-vehicle system. This includes, but is not limited to, a cellphone, tablet, laptop, two-way messaging device, or electronic game. “Electronic Device” does not include in-vehicle systems, two-way radio, citizens band radio, or amateur radio equipment.  “Use” includes holding, viewing, and manipulating, including, multiple swipes or presses of a handheld, mounted, or hands-free electronic device.  “Handheld” means holding or using a portion of the body to hold an electronic device  “Operate a Motor Vehicle” means driving a motor vehicle on a public way with the motor running, including while temporarily stationary because of traffic, a traffic light or a stop sign or otherwise stationary. "Operate A Motor Vehicle" does not include operating a motor vehicle with or without the motor running when the operator has pulled the motor vehicle over to the side of, or off, a public way and has halted in a location where the motor vehicle can safely remain stationary.  “Text” means reading or manually composing electronic communications including text messages, instant messages, and emails using an electronic device.  “Hands-free” means the use of an electronic device to talk or listen without use of either hand or any part of the body to prop the device, but instead by employing an internal feature (e.g. speakerphone) or an attachment to the device.

F-36 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 35 • This slide shows how to write the prohibited behaviors when developing electronic device use legislation. [This slide is intended to be a reference to the wording in the model law.] Example Model Law: Prohibitions The prohibited behaviors should be clearly stated. This is an example of how to identify prohibited behaviors in your law. The prohibited behaviors should be clearly stated. Below is an example of how to identify prohibited behaviors in your law:  Section 2: The following prohibitions apply to using an electronic device while operating a motor vehicle, except as provided in Section 3, “Exceptions.”  A person may not operate a motor vehicle while using a handheld electronic device.  A person may not operate a motor vehicle while dialing numbers or inputting text, engaging in multiple swipes or multiple taps, this includes use when the device is hands-free.  A person may not stream, record, or broadcast video, this includes use when the device is hands-free.  A person may not use applications on the device that depict motion on the device’s screen, with the exception of a global positioning system (GPS) or navigational software, this includes use when the device is hands-free.  Drivers who are 16 or 17 years of age are restricted from using any type of electronic device while driving, even with hands-free accessories, with the exception of GPS or navigational software.

Presentation for Key Stakeholders F-37 Slide 36 • As indicated earlier, a model law will have very limited exemptions. These should be clearly stated. [This slide is intended to be a reference to the wording in the model law.] Example Model Law: Exemptions Any exemptions to the law must be clearly stated. This is an example of possible exemptions to include in your law. Section 3: The following exceptions apply to Section 2, “Prohibitions.”  A cellphone or mobile electronic device may be used, by a driver of any age, in an emergency situation, when contacting an emergency response operator, a hospital, physician’s office, health clinic, ambulance company, or fire or police department.  The law 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.  GPS or navigational software use is allowed when the electronic device is being used hands-free, however, inputting the destination must be performed when the operator has pulled the motor vehicle over to the side of, or off, a public way and has halted in a location where the motor vehicle can safely remain stationary with the engine turned off.  Use of a citizen's band radio or two-way radio by an operator of a moving commercial motor vehicle on a public road or highway is allowed.

F-38 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 37 • Assignment of points or license suspension should be structured similarly to other traffic safety laws. [If the state has a points system] • A person who violates Section 2, “Prohibitions,” commits a traffic infraction for which ____ points will be issued. • A second offense under this section is subject to ____ points issued. • A third or subsequent offense under this section is subject to ____ points issued and/or tem- porary suspension of the person’s license for a period of ____ days. [If the state does not have a points system in place] • A person who has a third or subsequent violation of Section 2, “Prohibitions” within a 3-year period will be issued a suspension of his/her license for a period of: – 30 days, if the person has 3 adjudications. – 60 days, if the person has 4 adjudications. – 90 days, if the person has 5 or more adjudications. [This slide is intended to be a reference to the wording in the model law.] Example Model Law: Penalties and Fines Outline the penalties and fines. This is an example of how to outline penalties and fines in your law. Section 4: The following penalties apply to a violation of Section 2, “Prohibitions”. Fines  A person who violates Section 2, “Prohibitions” commits a traffic infraction for which a fine of $____ will be issued.  A second or subsequent offense under this section is subject to a fine of $____. Points / License Suspension - Depending on the system in the state  Incremental Penalty – additional points for second or third offense  License suspension – for third offense within a 3-year period

Presentation for Key Stakeholders F-39 Slide 38 • These are some of the challenges shared by jurisdictions across the United States and Canada to implementing or revising legislation: – In Idaho, there was resistance from businesses and farmers, who expressed opposition to including a hands-free ban to the state’s distracted driving law. Businesses and farmers viewed the inclusion of a hands-free ban as challenging in their working environment. However, in an attempt to influence state legislation, the cities of Hailey, Idaho Falls, Ket- chum, Pocatello, and Sandpoint enacted local ordinances banning handheld use of cell phones. This method has been successful in other traffic safety efforts such as moving from secondary to primary seat belt enforcement laws in several states. – In some cases, compromises regarding certain sections may enable passing of a more rigor- ous law than the existing legislation. For example, it may help to compromise on the level of the fine but still improve enforceability of the law by improving the language and adding needed restrictions. – It is important to recognize why a law does not pass and work on improving the process; in Virginia nonprofit organizations led by Drive Smart Virginia have lobbied and worked toward revisions of the distracted driving law, to transition from a texting and driving law to a hands-free law. The law has been blocked twice. Following each failed attempt, they spend time analyzing the reasons why the bill failed and address these issues with their next proposal. – By involving different kinds of stakeholders, including potential dissenters, the likelihood that the law will pass is increased. Challenges and Possible Solutions  There may be resistance to implementing or revising a distracted driving law.  Some possible solutions to address resistance include:  If change is not possible at the state level, begin with local ordinances.  Make revisions to selected sections of the law, targeting specific issues.  Analyze why the bill did not previously pass and make adjustments.  Invite key stakeholders to participate in the coalition, and develop joint resolutions to respond to their concerns.

F-40 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 39 • The highway safety office can serve as a resource for all the data needed for a data-driven approach to legislation, enforcement, and education efforts. In doing so, the highway safety officer can assist in collecting, analyzing, managing, and distributing data to key stakeholders. Serving as a Resource for Data  Serve as a resource for data to support a data-driven approach to legislation, enforcement, and education efforts.  Assist with collection, analysis, and distribution of data, including:  Crash,  Citation,  Observational, and  Public opinion.

Presentation for Key Stakeholders F-41 Slide 40 • Timing for outreach efforts should ideally be year-round, but often this is not feasible due to budgetary and staff restrictions. If restricted, focus outreach efforts around periods of high- visibility enforcement or other events such as changes in the legislation or Distracted Driving Awareness Month in April. Designing Public Awareness Campaigns  Partner with coalition members to educate on risks of distracted driving and the importance of the electronic device use law.  Timing for outreach efforts:  Ideally, year-round.  To publicize the initial enactment or revision of a distracted driving law.  During enhanced/targeted periods – such as Distracted Driving Awareness Month or other high-visibility enforcement campaigns.

F-42 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 41 • It is important to employ various media outlets to deliver messages on distracted driving because it broadens the audience and the reach of the message. Methods to consider include: – Press releases, – Television and radio broadcast public service announcements (PSAs), – Social media posts, and – Public events and school programs. Designing Public Awareness Campaigns Possible media outlets and venues include:  Press releases;  Television and radio broadcast public service announcements (PSAs);  Social media; and  Public events and school programs:  County fairs;  Health fairs; and  Sporting events.

Presentation for Key Stakeholders F-43 Slide 42 • Key components of a well-designed outreach message include: – Relevant Timing. The message should coincide with an event, such as Distracted Driving Awareness Month, a revision to the legislation, an upcoming enforcement effort, the start of a public information and education campaign, or reporting on a crash where distracted driving was a contributing factor. – Compelling Headline. The headline should be direct, informative, and grab the audience’s attention. It should also be brief, keeping in mind character limitations of different dis- tribution platforms (e.g., Twitter 71 to 100 characters, Google 60 characters, Facebook 40 characters). It should be information rich and understandable; make sure to include keywords. – Informative Leading Sentences. Include who, what, where, when, and why in the first few sentences of the body of the message. The remaining content should be supporting information. – Customized Tone and Talking Points � Tailor the message so that it resonates with the target audience. Use language the audience will clearly understand. � Modify the message so it reflects the agency relaying the message. For example, certain messages are more appropriate from law enforcement, others from practitioners and other safety advocates. Relevant Timing Should coincide with an event. Compelling Headline Should be direct, informative, and grab audience attention. Informative Leading Sentences Include the who, what, where, when, and why in first few sentences. Customized Tone Tailored to the audience. Key Components of a Well- Designed Message

F-44 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 43 • Key components of a well-designed outreach message include: – Use of Quotations as Support. Supplement the facts with supporting quotes. A strong quote can make the message more compelling and can add a personal or emotional angle. – A Clear Call to Action. Have a goal in mind when developing the message, and clearly state what you want the audience to do or take away from the information. Provide hyperlinks to additional information and provide contact information for follow-up questions. – Limits on Length. Keep the message brief to reduce the risk of losing the audience’s atten- tion. Typically stay between 400 and 600 words. – When Possible, Use Multimedia. When possible, enliven the message by adding multimedia elements, including photos, videos, and infographics. Key Components of a Well-Designed Message Use Quotations as Support Supplement facts with supporting quotes. Have a Clear Call to Action Have a goal in mind when developing the message. Be Conscientious of Length Keep the message brief to reduce risk of losing the audience. When Possible Use Multimedia Make the message more compelling by use of multimedia.

Presentation for Key Stakeholders F-45 Slide 44 • Examples of campaigns following enactment or revision of a distracted driving law include the following [update as needed with current programs]: – Maryland developed a campaign called “Park the Phone before You Drive,” which targeted the handheld cell phone law. The campaign materials were distributed via Maryland’s traffic safety partners. Outreach also targeted the law enforcement community regarding the proper enforcement of Maryland’s handheld cell phone law. – Connecticut developed the “U Drive. U Text. U Pay.” campaign. Press events and ride-alongs were conducted with police to gain publicity about the distracted driving law through earned media. The slogan was also used in radio spots and at movie theaters, concerts, and events. • Examples of unique distracted driving campaigns during distracted driving awareness month include the following [update as needed with current programs]: – In Alberta, February is designated for distracted driving prevention. One of the more prom- inent campaign slogans it used was in 2013 and was titled “Crotches Kill.” The campaign targeted drivers who texted while driving and included billboards, radio, social media, online display ads, and a website. – Based on findings from focus groups with the public after distracted driving became the leading cause of crashes in 2014, Ontario developed a campaign titled “Put Down the Phone. It Happens Fast.” The television advertisement developed for the campaign depicted a young man struck by a vehicle after a driver looked at a phone for just a few seconds. It was heavily publicized and won a platinum award for most hits on Google. A KAB survey conducted before and after the campaign found that after the ads were viewed by the general public, awareness of the dangers of distracted driving increased significantly. – The Tennessee Highway Safety Office promoted “Thumbs Down to Texting & Driving.” This campaign spread awareness by encouraging the public to post photos of two thumbs down with #ThumbsDownTN on social media throughout the month of April 2019. Successful Public Awareness Campaigns Connecticut Citation Holder with Information on New Law Alberta Award Winning “Crotches Kill” Campaign Manitoba “Save the 100” Campaign

F-46 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 45 [Additional slides for law enforcement] Law Enforcement

Presentation for Key Stakeholders F-47 Slide 46 [Read the role] What Is Your Role? As law enforcement, you may support the process of implementing or revising electronic device use legislation by reviewing the text used and discussing enforcement practices in committees. Once a law is in place, your role is to educate the public and enforce the law.

F-48 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 47 • Well-publicized and rigorous law enforcement operations have been shown to positively influence motorists’ behavior and remind the public of the consequences of disobeying the law. • Successful programs have shown that education and enforcement should go hand in hand. • Traffic stops are an important opportunity to educate the public on the risks of distracted driving. • Enforcement must be sustainable to be effective, meaning that it must occur throughout the year in addition to during high-visibility enforcement campaigns. Importance of High Visibility Enforcement Well-publicized and rigorous law enforcement operations have been shown to positively influence motorists’ behavior and remind the public of the consequences of disobeying the law. Successful past programs have shown that education and enforcement should go hand in hand. Traffic stops are an important opportunity to educate the public on the risks of distracted driving. For enforcement to be most effective, it must be sustainable.

Presentation for Key Stakeholders F-49 Slide 48 • Leadership in the Agency. Visible commitment from agency leadership from the inception of the legislative idea through its enactment and enforcement will serve as a strong model for other officers who will look to leadership for support and direction. • Training. Law enforcement officers will become the face of the distracted driving enforcement effort, so it is critical that they become familiar with the details of the law and are trained on different enforcement strategies. All officers, not just those who are tasked with enforcing it (i.e., traffic safety unit), should be trained on the importance of traffic safety and encouraged to make contact if they see someone not adhering to the law. In addition, it is important that officers be trained not only on the details of the law, but on the safety risks related to distracted driving and the data behind why the law is necessary and should be enforced. • Enforcement Strategies. When establishing distracted driving enforcement as a priority within an agency, initial enforcement needs to be vigorous, with periodic mobilizations scheduled based on data analysis. There is no single best method for enforcing distracted driving. Each jurisdiction needs to customize a combination of tactical methods and technologies that works best for the agency and community. • Data-Driven Approach. Maintaining up-to-date records of observational surveys, citations, warnings, and crashes involving distracted driving will allow leaders to: – Provide support to legislators to show the need for a law or a revision to an existing law; – Evaluate how close they are to meeting program goals and objectives; – Target enforcement efforts; – Monitor the impact of ongoing activities; – Plan for future enforcement actions; and – Convey the program’s progress to officers, stakeholders, and residents. • Providing Feedback. By keeping everyone abreast of successes and failures, leaders can prop- erly allocate resources to most effectively meet program goals. Regular meetings and reviews of performance enhance accountability throughout the agency, demonstrate the support of agency leadership for the program, and ensure that the program’s initiatives are fully imple- mented and remain a priority throughout the agency. • Motivating Officers. Recognizing the efforts and accomplishments of officers can encourage them to take initiative and strengthen their commitment to the program. Program leaders can employ a variety of incentives that are customized to the needs of the officers and community. Incentives do not have to be elaborate; sometimes the most effective incentives can be simple recognition presented in front of peers. Key Elements of Effective Enforcement Efforts Some important elements of effective enforcement efforts include:  Prioritizing distracted driving as a traffic safety issue within the law enforcement agency.  Conducting specific training and education for law enforcement.  Implementing successful enforcement strategies.  Using data to direct enforcement efforts.  Providing feedback to law enforcement officers.  Motivating initiative within the law enforcement agency.

F-50 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 49 • Often, the wording of the law presents law enforcement officers with challenges when trying to enforce distracted driving legislation. • Examples of challenges for law enforcement related to how legislation is worded are as follows [update as needed with current examples]: – In Maine, prior to the 2019 revisions to the distracted driving law, the law only prohibited texting while driving and allowed drivers to use phones to play music, search for directions, or dial a call. The law was challenging to enforce because it required the officer to prove that the motorist was texting. – In Pennsylvania, exemptions in the law, including use of a GPS or making a call, make it challenging to enforce the texting law. – In New Mexico and Louisiana, distracted driving laws only prohibit texting while driving. In New Mexico, as in many other jurisdictions, law enforcement may not conduct a search of a cell phone, and there are often difficulties enforcing the law because officers will only issue a citation when they can see a driver blatantly texting while behind the wheel or when they observe erratic driving. – Under the law in Louisiana [as of January 2019], drivers who insist that they are using their phones for something other than texting may not be cited, and officers cannot search through someone’s phone due to an individual’s right to privacy. – In some states (for example, Nebraska and South Dakota), the distracted driving law is a secondary offense, and law enforcement cannot pull anyone over for texting unless they see another offense. – The existing distracted driving law in South Carolina as well as the previous law in Tennes- see required law enforcement to observe the driver texting when the vehicle is in motion. This limits some types of enforcement activities, such as when drivers are observed using electronic devices when stopped at a light or stop sign. Tennessee passed an updated dis- tracted driving law (effective July 2019). This hands-free law includes provisions that allow for enforcement when the vehicle is stopped at a traffic light or stop sign. – In addition to enforcement challenges, jurisdictions discussed issues related to prioritizing distracted driving offenses in the adjudication process. For example, although enforcement rates are high in Connecticut, many citations are dismissed due to the number of citations that need to be processed by the court system. This may be a source of frustration for law enforcement and may have an impact on their willingness to enforce if the law is not seen as a priority within other agencies. Enforcement Challenges  The content and wording of distracted driving legislation can affect the ability to enforce the law.  For example, if the law often only covers certain behaviors and allows for exemptions that affect enforcement.  Some common issues:  Law only prohibits texting while driving.  Law includes exemptions such as use of GPS or making a call.  Law requires observation of behavior while the vehicle is in motion.  Law is a secondary offense.  Law enforcement has to prove that the phone is used for texting, but not able to examine the phone.  Citations that are issued are dismissed.

Presentation for Key Stakeholders F-51 Slide 50 • Following are some strategies to combat some of the enforcement challenges. [update as needed with current examples] • Focused Patrols. Connecticut sets up focused patrol zones manned by multiple officers includ- ing a spotter, an officer to pull over the vehicles, and others to write citations. Montgomery County, Maryland, uses a similar technique. Channelization includes use of law enforcement or construction equipment to narrow lanes and allow for better viewpoints of distracted driv- ing. However, it is not a checkpoint. Traffic is not stopped but slows; when necessary, vehicles are pulled to the side of the road. • Use of Elevated Vehicles. Pickup trucks, commercial trucks, utility vehicles, and buses have been used by enforcement agencies to spot distracted drivers in several jurisdictions including Tennessee, Maine, Manitoba, and Quebec. • Operation Incognito in Tennessee. Uses elevated vehicles to observe drivers. The Tennessee Highway Safety Office and Highway Patrol invite media and community partners to board a bus and assist as spotters. The spotters notify police in patrol cars when they see distracted drivers. • Use of Video or Photography. In Idaho, elevated vehicles were also used, and drivers were videotaped in order to ensure that there was evidence of texting behavior. The use of video or photos may serve as a strategy in cases of laws with problematic language for enforcement. Effective Enforcement Strategies Strategies include:  Focused Patrols/Channelization – Creating zones for distracted driving enforcement.  Elevated Vehicles – Used to spot drivers texting or using their device.  Video/Photography – May be used together with other strategies to ensure there is evidence of distracted driving.

F-52 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 51 • Following are some strategies to combat some of the enforcement challenges. [update as needed with current examples] • Focused Patrols. Connecticut sets up focused patrol zones manned by multiple officers includ- ing a spotter, an officer to pull over the vehicles, and others to write citations. Montgomery County, Maryland, uses a similar technique. Channelization includes use of law enforcement or construction equipment to narrow lanes and allow for better viewpoints of distracted driv- ing. However, it is not a checkpoint. Traffic is not stopped but slows; when necessary, vehicles are pulled to the side of the road. • Use of Elevated Vehicles. Pickup trucks, commercial trucks, utility vehicles, and buses have been used by enforcement agencies to spot distracted drivers in several jurisdictions including Tennessee, Maine, Manitoba, and Quebec. • Operation Incognito in Tennessee. Uses elevated vehicles to observe drivers. The Tennessee Highway Safety Office and Highway Patrol invite media and community partners to board a bus and assist as spotters. The spotters notify police in patrol cars when they see distracted drivers. • Use of Video or Photography. In Idaho, elevated vehicles were also used, and drivers were videotaped in order to ensure that there was evidence of texting behavior. The use of video or photos may serve as a strategy in cases of laws with problematic language for enforcement. Effective Enforcement Strategies Strategies include:  Roving Patrols – Using 2-officer details in unmarked vehicles to survey other cars  Covert Tactics – Undercover flaggers in work zones, Highway Construction vehicles, Panhandlers, etc.  Coordinated campaigns – Joint effort by New England States to conduct enforcement and education

Presentation for Key Stakeholders F-53 Slide 52 [Additional slides for community stakeholders and advocates] Community Stakeholders and Advocates

F-54 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 53 [Read the role] What Is Your Role? As a community stakeholder and advocate, you have a key role in supporting policy makers in establishing an electronic device use law or promoting revisions to an existing law. You may be involved in testifying, coordinating with the media, collecting data, and generating public support for legislation.

Presentation for Key Stakeholders F-55 Slide 54 • A key strategy to promote new distracted driving legislation is to build a coalition of stake- holders. An effective coalition extends the reach and intensifies the impact of the traffic safety program’s education and outreach efforts by increasing the number of individuals who have a better understanding of the importance of distracted driving legislation and are willing to act as advocates. • A strong and effective coalition will increase the program’s access to: – Various safety advocates and capabilities within the community, – Available physical and financial resources, and – Different areas of expertise. Coalition Building  A key strategy to promote new distracted driving legislation is to build a coalition of stakeholders.  Coalitions extend the reach and intensify the impact of a traffic safety program.  Coalitions increase access to: • Various safety advocates and capabilities within the community. • Available physical and financial resources. • Different areas of expertise.

F-56 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 55 • Forming a coalition provides stakeholders with an opportunity to: – Combine their resources, – Exchange information and brainstorm, – Disperse responsibilities and work assignments, – Allocate funding and other resources, – Plan community activities, – Review goals and objectives of the program, – Examine progress, and – Develop and modify strategies for outreach. • Most notably, being part of a coalition can encourage individual members to take on leader- ship roles to increase compliance, raise the level of traffic safety, and improve the quality of life within their community. Coalition Building • Forming a coalition provides stakeholders with an opportunity to: • Combine their resources. • Exchange information and brainstorm. • Disperse responsibilities and work assignments. • Allocate funding and other resources. • Plan community activities. • Review goals and objectives of the program. • Examine progress. • Develop and modify strategies for outreach. • Being part of a coalition can encourage individual members to take on leadership roles to increase compliance with the law, prioritize traffic safety, and improve the quality of life within their community.

Presentation for Key Stakeholders F-57 Slide 56 • Several jurisdictions indicated that including a variety of partners in the process was key to enacting or revising a more rigorous distracted driving law. • Important partners to consider include relevant state or provincial government agencies such as highway safety, law enforcement, the judiciary, and the DMV. Other possible partners include political leaders such as legislators and state governors. Nongovernmental stakehold- ers such as safety organizations and community leaders can also help to facilitate and garner support for a new law. • Victim advocates can also serve as leading voices for stronger distracted driving laws, as has been the case in Maryland and Pennsylvania. • Several jurisdictions’ representatives mentioned the importance of inviting groups who might be in opposition to the law to coalition meetings in order to better understand their concerns and arguments and see if their concerns can be addressed or a compromise can be achieved. For example, in some states, issues regarding racial profiling have been raised by different groups. By including concerned parties, it may be possible to reach a compromise, such as through an annual review of citation demographics. • Examples of coalition building [Update with recent examples as needed]: – In Alberta, community members participated in the vetting process of a new law or revision in order to increase legislative and public acceptability. – The Connecticut Highway Safety Office gathered stakeholders from the police, DMV, and judicial branch to combine efforts to piece together the distracted driving law. – In Maine, the New England AAA played a key role in spearheading legislation. – In Ontario, distracted driving policy changes were made in cooperation with members of the public, enforcement partners, road safety groups, and community groups in both consultations and a public forum. – Representatives in Virginia hired a lobbyist to help them support the transition from a texting law to a hands-free ban. – In Oregon, an interdisciplinary task force was created in 2016 to tackle distracted driving. The task force included subject-matter experts from the fields of transportation, research, law enforcement, communications, health care, the behavioral sciences, and policy, as well as the judicial and legislative branches, and had a goal of covering every facet of distracted driving. The task force made recommendations related to necessary data and reporting, legislation and policy, enforcement, education, and communication. The work of the task force supported the revision of the distracted driving law. Coalition Building Key members include:  Political leaders;  Law enforcement;  Highway Safety Office;  Medical personnel and first responders;  Judiciary;  Department of Motor Vehicles;  Public health officials;  Safety organizations;  Community leaders;  Victim advocates;  Universities/research centers; and  Media.

F-58 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 57 • When helping to develop a law, take into account current technologies and uses and make provisions for future technology. • The law should attempt to stop the most dangerous behaviors associated with electronic device use; specifically, behaviors that result in diversion of attention from the driving task by taking eyes off the road for any extended period of time, even if the electronic device is hands-free or mounted. • For a law to be effective, its language must ensure that the law is enforceable. For example, jurisdictions indicated that “texting” is not only difficult to enforce but is also antiquated language. Current users are browsing, snapchatting, watching, creating videos, and manip- ulating the device in other ways. Therefore, it is important to scrutinize all language and terminology used in the law. • The penalty and fine structure should be clearly defined. – In order to increase public acceptance, fines should be in line with other traffic safety laws. – Incremental fines should be in place for subsequent violations. – Penalties for distracted driving should also be in line with other serious traffic offenses. There is some belief that points against a driver’s license that have the potential to result in temporary suspension or loss of the license are more effective at modifying behavior than monetary fines are. Additionally, points on a license are often associated with increased insurance rates, making the penalty more punitive. • The law should have few exemptions. Possible exemptions include: – Law enforcement and first responders in the line of duty, – Reporting an emergency, and – Hands-free use of GPS or navigational system. Key Components of Electronic Device Use Legislation  Take into account current technologies and uses, as well as make provisions for future technology.  Attempt to stop the most dangerous behaviors associated with electronic device use; specifically, behaviors that result in taking eyes off the road.  Use inclusive language:  The term “electronic device,” as opposed to “cell phone” or “mobile device,” allows for greater inclusion of devices covered by the law.  Use clear descriptions of behaviors in violation of the law.  Have well-defined penalty and fine structures.  Have limited exemptions to the law.

Presentation for Key Stakeholders F-59 Slide 58 • Timing for outreach efforts is ideally year-round, but this is often not feasible due to budget- ary and staff restrictions. If restricted, focus outreach efforts around periods of high-visibility enforcement or other events such as changes in the legislation or Distracted Driving Aware- ness Month in April. Designing Public Awareness Campaigns  Partner with coalition members to educate on risks of distracted driving and the importance of the electronic device use law.  Timing for outreach efforts:  Ideally, year-round.  To publicize the initial enactment or revision of a distracted driving law.  During enhanced/targeted periods – such as Distracted Driving Awareness Month or other high-visibility enforcement campaigns.

F-60 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 59 • It is important to employ various media outlets to deliver messages on distracted driving because it broadens the audience and the reach of the message. Methods to consider include: – Press releases, – Television and radio broadcast PSAs, – Social media posts, and – Public events and school programs. Designing Public Awareness Campaigns Possible media outlets and venues include:  Press releases,  Television and radio broadcast PSAs,  Social media, and  Public events and school programs:  County fairs,  Health fairs, and  Sporting events.

Presentation for Key Stakeholders F-61 Slide 60 • Key components of a well-designed outreach message include: – Relevant Timing. The message should coincide with an event, such as Distracted Driving Awareness Month, a revision to the legislation, an upcoming enforcement effort, the start of a public information and education campaign, or reporting on a crash where distracted driving was a contributing factor. – Compelling Headline. The headline should be direct, informative, and grab the audience’s attention. It should also be brief, keeping in mind character limitations of different distri- bution platforms (e.g. Twitter 71 to 100 characters, Google 60 characters, Facebook 40 char- acters). It should be information rich and understandable; make sure to include keywords. – Informative Leading Sentences. Include who, what, where, when, and why in the first few sentences of the body of the message. The remaining content should be supporting information. – Customized Tone and Talking Points � Tailor the message so that it resonates with the target audience. Use language the audience will clearly understand. � Modify the message so it reflects the agency relaying the message. For example, certain messages are more appropriate from law enforcement, others from practitioners and other safety advocates. Relevant Timing Should coincide with an event. Compelling Headline Should be direct, informative, and grab audience attention. Informative Leading Sentences Include the who, what, where, when, and why in first few sentences. Customized Tone Tailored to the audience. Key Components of a Well- Designed Message

F-62 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 61 • Key components of a well-designed outreach message include: – Use of Quotations as Support. Supplement the facts with supporting quotes. A strong quote can make the message more compelling and can add a personal or emotional angle. – A Clear Call to Action. Have a goal in mind when developing the message and clearly state what you want the audience to do or take away from the information. Provide hyperlinks for additional information, and provide contact information for follow-up questions. – Limits on Length. Keep the message brief to reduce the risk of losing the audience’s atten- tion. Typically stay between 400–600 words. – When Possible, Use Multimedia. When possible, enliven the message by adding multimedia elements, including photos, videos, and infographics. Key Components of a Well-Designed Message Use Quotations As Support Supplement facts with supporting quotes. Have a Clear Call to Action Have a goal in mind when developing the message. Be Conscientious of Length Keep the message brief to reduce risk of losing the audience. When Possible Use Multimedia Make the message more compelling by use of multimedia.

Presentation for Key Stakeholders F-63 Slide 62 • Examples of campaigns following enactment or revision of a distracted driving law include the following [update as needed with current programs]: – Maryland developed a campaign called “Park the Phone before You Drive,” which targeted the handheld cell phone law. The campaign materials were distributed via Maryland’s traf- fic safety partners. Outreach also targeted the law enforcement community regarding the proper enforcement of Maryland’s handheld cell phone law. – Connecticut developed the “U Drive. U Text. U Pay.” campaign. Press events and ride-alongs were conducted with police to gain publicity about the distracted driving law through earned media. The slogan was also used in radio spots and at movie theaters, concerts, and events. Brochures with information about the law and the dangers of distracted driving were also developed and distributed with citations for the period following the enactment of the new law. • Examples of unique distracted driving campaigns during distracted driving awareness month include the following [update as needed with current programs]: – In Alberta, February is designated for distracted driving prevention. One of the more prom- inent campaign slogans it used was in 2013 and was titled “Crotches Kill.” The campaign targeted drivers who texted while driving and included billboards, radio, social media, online display ads, and a website. – Based on findings from focus groups with the public after distracted driving became the leading cause of crashes in 2014, Ontario developed a campaign titled “Put Down the Phone. It Happens Fast.” The television advertisement developed for the campaign depicted a young man struck by a vehicle after a driver looked at a phone for just a few seconds. It was heavily publicized and won a platinum award for most hits on Google. A KAB survey conducted before and after the campaign found that after the ads were viewed by the gen- eral public, awareness of the dangers of distracted driving increased significantly. – The Tennessee Highway Safety Office promoted “Thumbs Down to Texting & Driving.” This campaign spread awareness by encouraging the public to post photos of two thumbs down with #ThumbsDownTN on social media throughout the month of April 2019. Successful Public Awareness Campaigns Connecticut Citation Holder with Information on New Law Alberta Award Winning “Crotches Kill” Campaign Manitoba “Save the 100” Campaign

F-64 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 63 [Additional slides for public health officers] Public Health Officers

Presentation for Key Stakeholders F-65 Slide 64 [Read role] What Is Your Role? As public health officials, your role is to support policy makers in their efforts to create or revise electronic device legislation. As experts in the field, you may provide needed background information to support this process or take part in evaluation efforts.

F-66 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 65 • Researchers and other public health officers can serve as a resource for all the data needed for a data-driven approach to legislation, enforcement, and education efforts. In doing so, you can assist the highway safety officer in collecting, analyzing, managing, and distributing data to key stakeholders. Help Collect Data and Evaluate Program Effectiveness  Effective programs track success, identify limitations, and use data to direct future activities.  Continuous and periodic evaluation of the impact of distracted driving enforcement and education is essential to sustaining its success.  Measures that may be useful for understanding electronic device use and for monitoring changes 0ver time:  Overall electronic device use rates.  Distracted driving related traffic stops, citations, and warning violations issued.  Serious injury and fatal crash rates related to distracted driving.

Presentation for Key Stakeholders F-67 Slide 66 • Examples of using data to support distracted driving prevention include: – Regular Updates. Virginia develops a report on fatalities related to distracted driving and disseminates it to key stakeholders on a weekly basis. In addition, Virginia law enforcement officers have access to an online crash reporting system that includes queries on distracted driving. – KAB Measures. In many cases, the survey data point to a high level of awareness of the dangers of distracted driving. For example: � In December 2017, a survey of Ontarians revealed that the majority (90%) felt it was dan- gerous to send/read a text message or use a handheld device while driving; perceptions of these dangers have increased since 2015 (85%). � Manitoba Public Insurance uses annual KAB surveys with the public to measure recall of road safety campaign messages and changes in reported driving behaviors. These surveys are conducted before and after the campaign, with surveys at 2- and 6-month intervals following the campaign. Quebec also conducts KAB surveys and press review analysis following public awareness campaigns. While only a few jurisdictions indicated that they conducted quantitative evaluations on their public outreach and education programs, several more conducted analysis of social media data. – Observational Data. In addition to the NOPUS estimates collected annually, a few states have collected cell phone use data, some during their annual state seat-belt surveys. In Connecticut, observational surveys of distracted driving are conducted regularly. In 2018, Maine conducted a statewide observational survey of distracted driving. With respect to the Canadian provinces, Manitoba conducts annual observational surveys of cell phone use together with other driver behaviors. In 2017, Quebec conducted a study to observe distracted drivers and identify the sources of distraction. – Meetings. The focus of a digital town hall held by the Virginia Governor’s Office was on dis- tracted driving (N = 2,084). Findings pointed to a negative perception of distracted driving by commonwealth citizens. Respondents were asked to provide three words to describe the act of driving distracted. The word “dangerous” was mentioned most frequently (Virginia DMV and Virginia Tech 2018). Using Data to Support Distracted Driving Prevention Some examples of how data can be used to support distracted driving legislation, enforcement, and public awareness activities include:  Conduct observational surveys of distracted driving.  Provide regular updates on electronic device use citations and crashes for key stakeholders.  Measure knowledge, attitudes and behaviors in the public and share the information with stakeholders.  Conduct surveys to measure exposure and effectiveness of public awareness campaigns.  Meet with public to share opinions and perceptions. Three Words Used to Describe the Act of Driving Distracted, #YourSayVA Digital Town Hall Distracted Driver Survey

F-68 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 67 • Evaluation helps you better understand program effectiveness. In particular: – If and when program goals are met – If the law is effective and which enforcement and education strategies are most and least effective – Adjustments needed to improve current education and enforcement approaches – How to redirect resources – Provide officer feedback and motivation – Identify if changes to the law are needed Goals of Ongoing Evaluation Periodic measures will enable jurisdiction representatives to identify:  If and when program goals are met  If the law is effective and which enforcement and education strategies are most and least effective  Adjustments needed to improve current education and enforcement approaches  How to redirect resources  Provide officer feedback and motivation  Identify if changes to the law are needed

Presentation for Key Stakeholders F-69 Slide 68 [Additional slides for educators] Educators

F-70 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 69 [Read role] What Is Your Role? As educators, you have a role in dissemination of information on the risks of distracted driving and any revisions to distracted driving laws. Your work may primarily be with young drivers, in which case you can encourage them to be positive influencers.

Presentation for Key Stakeholders F-71 Slide 70 • Young drivers are a key target audience for distracted driving prevention. There are several strategies that can be used when working with young drivers to educate them on the dangers of distracted driving. [Review strategies on slide] Key Programs to Target Teens  Young drivers are a key target audience for distracted driving prevention.  Many jurisdictions have stricter legislation and penalties for young drivers.  Public awareness efforts that target young drivers are promoted in many jurisdictions. The types of strategies used include:  Targeted education programs in high schools  Social media campaigns targeting young drivers  Virtual reality and simulator experience  Public awareness efforts at key venues and events attended by teens  Driver education, specifically on distracted driving for teens  Program design and evaluation with and by teens—encouraging them to be influencers—as well as peer-to-peer programs

F-72 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 71 • An additional example of a PSA geared toward teenage drivers can be found here: – https://www.youtube.com/watch?v=5ypTprjVZrA Examples of Distracted Driving Prevention with Teens A Student Using the DriveSmart Virginia Simulator Targeted PSAs for Teens – Canadian Example South Dakota’s Award Winning Jim Reaper

Presentation for Key Stakeholders F-73 Slide 72 • It is recognized that youth have a pivotal role in promoting behavioral change and their energy should be harnessed to influence changes with respect to distracted driving. • Additional information on engaging youth as influencers can be found in: – Henness, S. A., and Ball, A. (2019). Engaging Youth as Influencers in Leadership Event Planning. Journal of Human Sciences and Extension, 7(1). – World Health Organization. Engaging Young People for Health and Sustainable Develop- ment: Strategic Opportunities for the World Health Organization and Partners. (2018). Geneva: World Health Organization. Engaging Youth to be Influencers  It is recognized that youth have a pivotal role in promoting positive change in health and safety outcomes.  Agencies around the world, including the World Health Organization, the United Nations, NGOs, and private-sector actors, are engaging young people in innovative ways.  Key strategies for engaging youth to be influencers in the community include:  Establishing an environment that allows young people to have space, voice, audience, and influence;  Enabling young people to shape and implement agendas; and  Explicitly committing to engagement and leadership by young people.

F-74 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 73 • Peer-to-peer education could serve as an opportunity to educate about the risk of distracted driving. This form of education is based on people with similar characteristics or experiences learning from one another. Rather than adults who are outside the group telling teens what to do, members of the peer group take on the responsibility. • More information can be found in: Fischer, P. (2019). Peer-to-Peer Teen Traffic Safety Pro- gram Guide. (Report No. DOT HS 812 631). Washington, D.C.: National Highway Traffic Safety Administration. https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/13905_ peer2peerbrochure_031519_v4-blankpages-tag.pdf. Peer-to-Peer Education Initiatives  Peer-to-peer education is:  Based on people with similar characteristics or experiences learning from one another.  Considered an efficient, empowering, and low-cost way to reach a specific audience.  Peer educators:  Are typically self-motivated and welcome the opportunity to share what they know with their peer group.  Use the established peer-centric communication channels (including social media) that are culturally and linguistically appropriate.  Should be provided with targeted information to share with the peer group.

Presentation for Key Stakeholders F-75 Slide 74 • These tips are based on Project Ignition, a joint program of the National Youth Leadership Council and NHTSA to pilot and support peer-to-peer teen traffic safety (National Youth Leadership Council 2016). • More information can be found in: Fischer, P. (2019). Peer-to-Peer Teen Traffic Safety Pro- gram Guide. (Report No. DOT HS 812 631). Washington, D.C.: National Highway Traffic Safety Administration. https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/13905_ peer2peerbrochure_031519_v4-blankpages-tag.pdf. Key Strategies for Peer-to- Peer Programs Elements of a successful peer-to-peer effort include: • Pretesting messages to gauge teen response. • Communicating information that teens do not already know. • Combining communication strategies with other proven prevention countermeasures, such as advocating to change or enforce a law or policy. • Giving teens the opportunity to experience and discuss individually and in small groups what you want them to understand and consider if and why they should care and what they want to do about it. • Providing role playing and other opportunities to help teens build skills to resist peer pressure to engage in unsafe behaviors and skills to encourage and hold teens accountable for the promoted safe behaviors. • Including parents by educating them about the importance of setting limits and discussing driver safety with their teens.

F-76 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 75 Example Programs Based on Youth Engagement

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Distracted driving is a complex and ever-increasing risk to public safety on roadways. Drivers’ use of electronic devices significantly diverts human attention resources away from the driving task. The enforcement community faces significant challenges as electronic device use has expanded beyond simply texting or talking. Legislation regulating electronic device use while driving is inconsistent in content and implementation.

The TRB Behavioral Traffic Safety Cooperative Research Program's BTSCRP Research Report 1: Using Electronic Devices While Driving: Legislation and Enforcement Implications presents the results of an examination of the current state and provincial legislation on electronic device use while driving; evaluates the benefits and impediments associated with enacting, enforcing, and adjudicating electronic device use; and proposes model legislation and educational materials that can be used by relevant stakeholders to enact a law and educate key individuals on the importance of the law.

Supplemental the report is a presentation for law enforcement.

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