Using Electronic Devices While Driving: Legislation and Enforcement Implications (2021) / Chapter Skim
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G-1 A P P E N D I X G Presentation for Law Enforcement Officers
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G-2 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 1 Effective Enforcement of an Electronic Device Law Electronic Presentation for Law Enforcement
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Presentation for Law Enforcement Officers G-3 Slide 2 1 Background Distracted Driving is 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 United States involving a distracted driver (7.8% of total motor vehicle fatalities)
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G-4 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 3 • For a traffic safety program to be effective, law enforcement officers need to be familiar with the legislation, understand that electronic device/distracted driving enforcement is an important part of traffic safety, and be willing to communicate this message to motorists. The purpose of this presentation is to share strategies to accomplish these goals.
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Presentation for Law Enforcement Officers G-5 Slide 4 • Often, effective enforcement goes beyond the officer issuing a citation. • It is important that law enforcement be involved in the process of developing or revising electronic device use legislation from the beginning.
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G-6 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 5 • Key components of an effective traffic safety program include: – Leadership in the Agency. Visible commitment from agency leadership, beginning with the inception of the legislative idea through its enactment and enforcement, will set a strong example for other officers, who will look to leadership for support and direction.
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Presentation for Law Enforcement Officers G-7 Slide 6 • This presentation provides information on these subject areas. Presentation Topics 5 Identifying the Problem Prioritizing Distracted Driving as a Safety Issue Officer Training BACKGROUND Enforcement Public Information and Education Data-Driven Approach Officer Safety Feedback and Motivation
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G-8 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 7 Identifying the Problem "A problem clearly stated is a problem half solved." DOROTHEA BRANDE 6
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Presentation for Law Enforcement Officers G-9 Slide 8 • The first step in any effective traffic safety program is to define the problem. • Current and historical statistics provide the basic information needed to identify distracted driving safety challenges, define the extent of the problem, establish baseline measures, and target enforcement and educational interventions for maximum impact.
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G-10 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 9 Prioritizing Distracted Driving as a Traffic Safety Issue "Motivation is what gets you started. Commitment is what keeps you going." JIM ROHN 8
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Presentation for Law Enforcement Officers G-11 Slide 10 • Visible commitment from agency leaders from the inception of the legislative idea through enactment and enforcement of the law sets a strong example for other officers who will look to leadership for support and direction. • Strong leadership provides clear and consistent messaging by establishing priorities and issuing support for overall goals.
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G-12 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 11 • The program leader will work with command staff to gain commitment and support from fellow officers, safety advocates, and community members. • It is important that the appointed leader be someone with the ability to inspire commitment and action.
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Presentation for Law Enforcement Officers G-13 Slide 12 Officer Training "Learn as if you were not reaching your goal and as though you were scared of missing it." CONFUCIUS 11
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G-14 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 13 • Law enforcement officers will become the face of the distracted driving enforcement effort, so it is critical that they be familiar with the details of the law and trained on different enforcement strategies. • All officers, not just those who are tasked with enforcing the law (i.e., traffic safety unit)
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Presentation for Law Enforcement Officers G-15 Slide 14 • Formal training can assist law enforcement staff when interacting with the public by arming them with facts related to the state law and the importance of not using electronic devices while driving. The level of training can vary considerably among different agencies, depending on funding and resources.
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G-16 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 15 • Training opportunities can include: – Formal classroom training in basic law enforcement academies outlining the electronic device use law, importance of not driving distracted, and strategies for enforcing the law. – Refresher courses offered to field officers.
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Presentation for Law Enforcement Officers G-17 Slide 16 Enforcement "U Text. U Drive.
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G-18 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 17 • When developing a successful traffic safety program, the most effective tools program leaders can employ are highly visible police enforcement of the law and targeted public information, education, and outreach campaigns. • 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.
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Presentation for Law Enforcement Officers G-19 Slide 18 • The way the law is written and the words used can present challenges for law enforcement. Some common challenges include: – 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 is prohibited from examining the phone, and – Citations are dismissed in court.
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G-20 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 19 • Create areas for enhanced enforcement manned by multiple officers, such as: – Focused Patrols. Connecticut sets up focused patrol zones manned by multiple officers including a spotter, an officer to pull over vehicles in violation, and other officers to write citations.
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Presentation for Law Enforcement Officers G-21 Slide 20 • Use of specialized vehicles or equipment to enforce: – Elevated Vehicles. Larger vehicles such as pickup trucks, commercial trucks, utility vehicles, and buses have been used by enforcement agencies to spot distracted drivers in several state and provincial jurisdictions, including Minnesota, Tennessee, Maine, Manitoba, and Quebec.
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G-22 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 21 • Use of unmarked vehicles and covert tactics: – Roving Patrols. In Maine, state police used two-officer details in unmarked vans and SUVs; one officer drove and the other surveyed nearby cars.
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Presentation for Law Enforcement Officers G-23 Slide 22 • Coordinated campaigns by multiple jurisdictions for education and enforcement. – One unique campaign that was discussed is a joint effort by the six New England states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont.
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G-24 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 23 Public Information and Education "Education is the most powerful weapon we can use to change the world." NELSON MANDELA 22
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Presentation for Law Enforcement Officers G-25 Slide 24 • By providing details related to how and why the traffic safety program is being implemented and by demonstrating that enforcement is data driven rather than being viewed as a revenue stream, the public information and education program is likely to increase public support and promote success. • Make sure to use local data, when available, to promote safer driving behavior.
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G-26 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 25 • Clear and consistent messaging encourages motorists to adopt behavioral changes. • Traffic stops are an excellent opportunity to educate the public.
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Presentation for Law Enforcement Officers G-27 Slide 26 • The program leader or public information officer can start with grassroots activities. • It is important to note that, while community members and stakeholders cannot directly contribute to enforcement efforts, they can contribute to the program's success by working together to: – Support education and law enforcement events, – Exchange information and ideas related to public outreach, – Plan community activities, – Schedule and support public outreach events, – Allocate funding and identify resources, – Review goals and objectives of the program, and – Assist with measuring objectives.
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G-28 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 27 • Timing for outreach efforts is ideally year-round, but often this is not feasible due to budgetary and staff restrictions. If restricted, outreach efforts should be conducted around periods of high-visibility enforcement or other events such as changes in the legislation or Distracted Driving Awareness Month in April.
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Presentation for Law Enforcement Officers G-29 Slide 28 • 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.
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G-30 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 29 • 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.
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Presentation for Law Enforcement Officers G-31 Slide 30 • Key components of a well-designed outreach message include: – Use of Quotations as Support. Supplement the facts with supporting quotes.
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G-32 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 31 Data-Driven Approach "If you can't measure it, you can't improve it." PETER DRUCKER 30
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Presentation for Law Enforcement Officers G-33 Slide 32 • Continuous and periodic evaluation of the impact of the electronic device use enforcement and education program is essential to sustaining its success. • Effective programs track success, identify limitations, and direct future activities.
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G-34 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 33 • Data may be used to set specific and measurable goals, such as increased enforcement hours, reduction in observed use of electronic devices, or modest reduction in distracted driving. Examples of specific and measurable goals include those in quotation marks in the following: – "Electronic device use by law enforcement and agency personnel will be 0%." This is critical as law enforcement officers and community leadership will become the face of the electronic device use program and as such should serve as role models.
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Presentation for Law Enforcement Officers G-35 Slide 34 • Data are also used to track program success. Performance Measures Data may also be used to monitor and evaluate the success of the program.
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G-36 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 35 Officer Safety "Safety is something that happens between your ears, not something you hold in your hands." JEFF COOPER 3
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Presentation for Law Enforcement Officers G-37 Slide 36 • Distracted driving is also a safety concern for law enforcement. In addition to the numerous distractions in the patrol car, officers can also be distracted by their personal cell phones.
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G-38 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 37 • Following are examples of efforts to increase officer safety: – After several posts in social media pointing to excessive use of electronic devices by patrol officers, Washington State developed a special training module, Training, Research, and Education for Driving Safety (TREDS) , with UC San Diego.
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Presentation for Law Enforcement Officers G-39 Slide 38 Feedback and Motivation "A team is a group of individuals who support each other." JEFFREY BENJAMIN 6
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G-40 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 39 • Although most law enforcement agencies require regular personnel evaluation procedures, they may be infrequent. Feedback must be prompt enough to allow for adjustment in effort.
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Presentation for Law Enforcement Officers G-41 Slide 40 • In previous work with law enforcement agencies, examples were identified of opportunities used to provide feedback to officers and exchange ideas: – Quarterly strategic advancement forum (SAF) meetings.
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G-42 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 41 • A successful traffic safety program requires that officers be motivated to meet the goals and objectives identified in the strategic plan. Recognizing the efforts and accomplishments of officers can encourage them to take initiative and strengthen their commitment to the program.
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Presentation for Law Enforcement Officers G-43 Slide 42 10 Learn More: NHSTA Distracted Driving https://www.nhtsa.gov/risky-driving/distracted-driving IACP Distracted Driving Toolkit https://www.theiacp.org/resources/document/distracted-driving-toolkit GHSA Distracted Driving Laws – U.S. https://www.ghsa.org/state-laws/issues/distracted%20driving
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G-44 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 43 1 Learn More: CAA Distracted Driving Laws https://www.caa.ca/distracted-driving/ World Health Organization https://www.who.int/violence_injury_prevention/publications/road_traffic/dis tracted_driving_en.pdf? ua=1 Drop It and Drive https://diad.tirf.ca/
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