National Academies Press: OpenBook

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

Chapter: Appendix C - Discussion Guides with Key Stakeholders

« Previous: Appendix B - Proposed Sample of Jurisdictions and Methodology
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Suggested Citation:"Appendix C - Discussion Guides with 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 C - Discussion Guides with 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 C - Discussion Guides with 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.
×
Page 55
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Suggested Citation:"Appendix C - Discussion Guides with 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 C - Discussion Guides with 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 C - Discussion Guides with 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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C-1 Examining the Implications of Legislation and Enforcement on Electronic Device Use While Driving Discussion Guide: State Representatives/Safety Advocates In most jurisdictions, the investigation began with the traffic safety office/transportation department as the source of information on public awareness campaigns, challenges, and new laws under consideration, as well as for additional contacts. Interviews were conducted with law enforcement, advocates, and other policy makers. Name: Title/Agency: Date of Contact: I. Background Information on the Law 1. Can you tell me about your distracted driving law? What is your interpretation of the law; who does it cover, when, and what behaviors? 2. What do you think about the fine associated with a distracted driving citation? In your opinion, do you think the fine is appropriate? Why or why not? (Note – this could be too low or too high.) 3. [If applicable] Do you think the incremental fine for repeat offenders is effective? Why or why not? 4. [If applicable] What do you think about the penalty points associated with a distracted driving citation? Do you think the penalty is appropriate? Why or why not? 5. [If applicable] Do you think the approach of having incremental penalty points for repeat offenders is effective? Why or why not? 6. Are you aware of any efforts to revise (or repeal) the distracted driving law? – If yes, in what ways? II. Process of Enacting the Law 1. What were the challenges/successes? – How did you overcome any challenges? 2. What was the process for identifying sponsors/partners? – Who are they? What are their roles? 3. How did you obtain support/build momentum? 4. How long did it take from inception to enacting the law? Was the process incremental? A P P E N D I X C Discussion Guides with Key Stakeholders

C-2 Using Electronic Devices While Driving: Legislation and Enforcement Implications 5. What was considered when selecting the wording for the law (language used in the law)? 6. Have you identified any weaknesses in the law? 7. In your opinion, are there any changes to the wording that could improve the law? – Do you plan on making revisions, and if so, how are you going about it? 8. Does the law have any special intent/repercussions if there is an injury or fatality related to distracted driving? 9. Are you aware of any training or education for law enforcement personnel that took place when the distracted driving law went into effect/was revised? 10. Was there a special enforcement campaign following the enactment/revision of the dis- tracted driving law? III. Data 1. Does your state/province track distracted driving citations issued? – If yes, who tracks the data? Who has access? Are the data used to guide enforcement efforts? How are they used to guide efforts? 2. Is distracted driving documented on your state/province crash reports? In what detail? 3. Are you aware of any state-/province-based cell phone use estimates (while driving)? IV. Public Information and Education Programs 1. Are you aware of any outreach or education for the general public when the distracted driving law went into effect/was revised? – What did it involve? What kind of public outreach? For how long? 2. Are you aware of any ongoing programs or campaigns within your state/province to reduce distracted driving? – If so, what are these programs? Do they target specific audiences? Is there a specific time of year (e.g., April – Distracted Driving Awareness Month in the United States)? 3. How are the programs funded (what are the funding sources)? Does the state/province have a specific budget for programs/campaigns aimed at addressing distracted driving? 4. Are there documents, pamphlets, information, or other materials available that we can look at [handouts, stickers, public service announcements (PSAs), videos, etc.]? 5. Are you aware of any insurance companies in your state that treat distracted driving offenses in a unique manner, thereby affecting insurance rates? 6. Are you measuring the effectiveness of the program/level of outreach? – If yes, how do you measure effectiveness/outreach? 7. Are there any other stakeholders or groups involved with the program or campaign? V. General Safety/Political Culture of the State/Province 1. Describe the overall safety culture of your state/province. 2. To what degree is government oversight tolerated in your state/province? VI. Impact of Technology 1. In the changing technological environment, does your law have the ability to stay relevant as it is written? – How might you revise the law to make it more relevant and sustainable?

Discussion Guides with Key Stakeholders C-3 VII. Anything Else of Importance 1. Is there anything else unique about your state/province or any other situation that you can think of that may have an impact on your ability to enforce distracted driving laws and change driver behavior? VIII. Other Points of Contact 1. Are there other points of contact that we should speak to (name, agency, telephone, email) regarding: – Updates to the existing law (if relevant) – Enforcement (possibly different levels of enforcement – state/local) – Adjudication – Public awareness campaigns Examining the Implications of Legislation and Enforcement on Electronic Device Use While Driving Discussion Guide: Law Enforcement Name: Title/Agency: Date of Contact: I. Background Information on the Law 1. Can you tell me about your distracted driving law? What is your interpretation of the law; who does it cover, when, and what behaviors? 2. What types of devices are included (enforceable) under your distracted driving law? 3. When is the law enforceable? (i.e., when the car is in motion, stationary, parked). 4. What do you think about the fine associated with a distracted driving citation? In your opinion, do you think the fine is appropriate? Why or why not? (Note – this could be too low or too high.) 5. [If applicable] Do you think the incremental fine for repeat offenders is effective? Why or why not? 6. [If applicable] What do you think about the penalty points associated with a distracted driving citation? Do you think the penalty is appropriate? Why or why not? How many points result in a suspension? 7. [If applicable] Do you think the approach of having incremental penalty points for repeat offenders is effective? Why or why not? 8. Based on your knowledge of your state/provincial law, when a serious or fatal injury is accompanied by a distracted driving offense, is the driver also charged with vehicular manslaughter or given jail time? 9. If yes, do you believe this penalty has an impact? In your opinion, is the general public within the state/province aware of this penalty? 10. Are you aware of any efforts to revise (or repeal) the distracted driving law? – If yes, in what ways? 11. Are you aware of any training or education for law enforcement personnel that took place when the distracted driving law went into effect/was revised?

C-4 Using Electronic Devices While Driving: Legislation and Enforcement Implications II. Enforcement Efforts 1. What challenges do you face when trying to enforce your distracted driving law? – What do you attribute these challenges to? 2. Are there exemptions to the distracted driving law (e.g., the use of an electronic device for navigational purposes)? – How do these exemptions affect enforcement of the law? 3. Is distracted driving enforcement a priority within the agency? Is it a part of your normal traffic enforcement? – Additionally, is traffic enforcement (in general) a priority within the agency? 4. Are there periods of high-visibility enforcement geared toward distracted driving? – If so, how often do you conduct high-visibility enforcement campaigns? When do these take place? Also, are certain areas targeted, such as high-crash locations? Who funds these efforts? 5. What type of enforcement strategies do you use when enforcing distracted driving (e.g., use of a spotter)? 6. Does your agency provide any ongoing training specific to distracted driving enforcement? – If yes, what type of training and how often? III. Data 1. Does your state/province track distracted driving citations issued? – If yes, who tracks the data? Who has access? Are the data used to guide enforcement efforts? How are they used to guide efforts? 2. Is distracted driving documented in your state/province crash reports? In what detail? 3. Are you aware of any state-/province-based cell phone use estimates (while driving)? IV. General Safety/Political Culture of the State/Province 1. Describe the overall safety culture of your state/province. – How does traffic safety fit into the safety culture? 2. To what degree is government oversight tolerated in your state/province? V. Public Information and Education Programs 1. Are you aware of any programs or campaigns within your state/province to reduce distracted driving? – If so, what are these programs? How often are they initiated and how widespread are they? 2. Is distracted driving a topic that your school resource officers address? If so, how is it addressed? VI. Anything Else of Importance 1. Is there anything else unique about your state/province or any other situation that you can think of that may have an impact on your ability to enforce distracted driving laws and change driver behavior? VII. Other Points of Contact 1. Are there other points of contact that we should speak to (name, agency, telephone, email) regarding: – Updates to the existing law (if relevant) – Enforcement (state/local) – Adjudication – Public awareness campaigns

Discussion Guides with Key Stakeholders C-5 Examining the Implications of Legislation and Enforcement on Electronic Device Use While Driving Discussion Guide: Attorneys, Legislators and Policy Makers Name: Title/Agency: Date of Contact: I. Background Information on the Law 1. Can you tell me about your distracted driving law? What is your interpretation of the law; who does it cover, when, and what behaviors? 2. What do you think about the fine associated with a distracted driving citation? In your opin- ion, do you think the fine is appropriate? Why or why not? (Note – this could be too low or too high.) 3. [If applicable] Do you think the incremental fine for repeat offenders is effective? Why or why not? 4. [If applicable] What do you think about the penalty points associated with a distracted driving citation? Do you think the penalty is appropriate? Why or why not? 5. [If applicable] Do you think the approach of having incremental penalty points for repeat offenders is effective? Why or why not? 6. Are you aware of any efforts to revise (or repeal) the distracted driving law? – If yes, in what ways? II. Process of Enacting the Law 1. What were the challenges/successes? – How did you overcome any challenges? 2. What was the process for identifying sponsors/partners? – Who are they? What are their roles? 3. How did you obtain support/build momentum? 4. How long did it take from inception to enacting the law? Was the process incremental? 5. What was considered when selecting the wording for the law (language used in the law)? III. Challenges 1. Have you identified any weaknesses in the law? 2. Are there any issues/difficulties prosecuting the distracted driving law? 3. In your opinion, are there any changes to the wording that could improve the law? – Do you plan on making revisions, and if so, how will you go about it? IV. General Safety/Political Culture of the State/Province 1. Describe the overall safety culture of your state/province. 2. To what degree is government oversight tolerated in your state/province? V. Impact of Technology 1. In the changing technological environment, will your law stay relevant as it is currently written? – How might you revise the law to make it more relevant and sustainable?

C-6 Using Electronic Devices While Driving: Legislation and Enforcement Implications VI. Anything Else of Importance 1. Is there anything else unique about your state/province or any other situation that you can think of that may have an impact on your ability to enforce distracted driving laws and change driver behavior? VII. Other Points of Contact 1. Are there other points of contact that we should speak to (name, agency, telephone, email) regarding: – Updates to the existing law (if relevant) – Enforcement – Adjudication – Public awareness campaigns

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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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