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Pages 4-29

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From page 4...
... 4 In the first phase of the study, Westat conducted an extensive review of existing legislation, strategies, and enforcement practices that address distracted driving while using electronic devices. This included: • A review of existing legislation via a literature and Internet search; • An assessment of the strength of the distracted driving laws in the U.S.
From page 5...
... Examine Current Electronic Device Legislation and Strategies 5 Westat developed search criteria and a list of acceptable websites for researching existing legislation, including national and state/provincial websites. National sites included were those of the National Conference of State Legislatures, Governors Highway Safety Association, Insurance Institute for Highway Safety, NHTSA, National Safety Council, Transport Canada, and the Canadian Automobile Association.
From page 6...
... 6 Using Electronic Devices While Driving: Legislation and Enforcement Implications license (CDL) drivers, teenagers, and GDL drivers]
From page 7...
... Examine Current Electronic Device Legislation and Strategies 7 accrued. The number of points assigned varies by jurisdiction, and a higher number of points assigned to the violation is associated with an increased severity of punishment.
From page 8...
... 8 Using Electronic Devices While Driving: Legislation and Enforcement Implications 2.2 Assessing the Strength of the Law Following the initial scan of existing legislation, a protocol was developed for assessing the strength of the laws across all the jurisdictions. The protocol was provided to the project panel for review.
From page 9...
... Examine Current Electronic Device Legislation and Strategies 9 Component Points Assigned Justification Violation Type No law 0 Primary violations are well received by law enforcement. It is a common belief that if the law is addressing an important traffic safety issue, the violation would be considered a primary offense.
From page 10...
... 10 Using Electronic Devices While Driving: Legislation and Enforcement Implications not to participate. This form of stratification, while somewhat rough, guaranteed that jurisdictions with a variety of law and population characteristics were represented in the final sample.
From page 11...
... Examine Current Electronic Device Legislation and Strategies 11 The heat map depicted in Table 8 shows how the authors were able to generalize and describe each cluster. Red indicates a cluster is, on average, low in terms of the row variable, and green represents clusters with a higher average value for the row variable.
From page 12...
... 12 Using Electronic Devices While Driving: Legislation and Enforcement Implications from Cluster 1 because of the similarities in the characteristics across these jurisdictions (primarily Canadian provinces)
From page 13...
... Examine Current Electronic Device Legislation and Strategies 13 The in-depth review built on the information gathered during the initial scan and included components of the law that were initially identified in the review of legislation but needed further study to clarify or provide additional detail. These components include: • Language of the Law.
From page 14...
... 14 Using Electronic Devices While Driving: Legislation and Enforcement Implications • Data collection and evaluation; • Safety culture and political culture; and • Issues related to technology. Multiple attempts were made to contact each of the selected jurisdiction's representatives, via both email and telephone.
From page 15...
... Examine Current Electronic Device Legislation and Strategies 15 state governor or provincial lieutenant governor. Nongovernmental stakeholders such as safety organizations and community leaders can also help facilitate and garner support for a new law.
From page 16...
... 16 Using Electronic Devices While Driving: Legislation and Enforcement Implications Source: Tennessee Highway Patrol 2019. Figure 3.
From page 17...
... Examine Current Electronic Device Legislation and Strategies 17 a question on distracted driving. Previously, the DMV had a randomized test that included a distracted driving question in a portion of the administered tests, but the team worked to make this question standard on the exam.
From page 18...
... 18 Using Electronic Devices While Driving: Legislation and Enforcement Implications electronic device, including a cell phone, in their hand. This includes instances where the vehicle is at a stop sign or even on the side of the road if the engine of the vehicle is still running.
From page 19...
... Examine Current Electronic Device Legislation and Strategies 19 as a GPS device or even browsing the Internet or social media outside the parameters of the law. Discerning between those who are texting and those using their phone for various other reasons is a difficult task for law enforcement.
From page 20...
... 20 Using Electronic Devices While Driving: Legislation and Enforcement Implications It is interesting to note that none of the jurisdictions that participated in the discussions were able to point to any evaluation of the impact of an incremental fine or penalty structure. In Manitoba, an amendment to the Highway Act in 2018 allows for police officers to issue a roadside suspension of a driver's license if they observe someone driving with a handheld device.
From page 21...
... Examine Current Electronic Device Legislation and Strategies 21 In some jurisdictions, enforcement is data driven and primarily occurs in areas with high rates of distracted driving crashes. For example, Maryland extended enhanced distracted driving enforcement in the southern counties by adding sustained enforcement and overtime hours for a 6-month period, starting in April (National Distracted Driving Awareness Month)
From page 22...
... 22 Using Electronic Devices While Driving: Legislation and Enforcement Implications and issue citations. In Pennsylvania, work vehicles from the Pennsylvania Turnpike and PennDOT have been used to camouflage police and allow for observation of distracted driving violations.
From page 23...
... Examine Current Electronic Device Legislation and Strategies 23 earned media. The slogan was also used in radio spots and at movie theaters, concerts, and events.
From page 24...
... 24 Using Electronic Devices While Driving: Legislation and Enforcement Implications behavior (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.
From page 25...
... Examine Current Electronic Device Legislation and Strategies 25 In New Mexico, driver education is a mandatory subject in high schools. This offers an excellent opportunity to emphasize the dangers of distracted driving and educate students on the law prohibiting any cell phone use for teenaged drivers.
From page 26...
... 26 Using Electronic Devices While Driving: Legislation and Enforcement Implications The researchers were not able to easily identify educational and outreach materials related to distracted driving for some of the jurisdictions. Based on reviews of state highway plans and highway safety websites, it seems that distracted driving may not be a top traffic safety priority in some jurisdictions.
From page 27...
... Examine Current Electronic Device Legislation and Strategies 27 driving (Nebraska Annual Traffic Safety Study 2018)
From page 28...
... 28 Using Electronic Devices While Driving: Legislation and Enforcement Implications of distracted driving (Chaudhary and Raboin 2018)
From page 29...
... Examine Current Electronic Device Legislation and Strategies 29 During the discussions with state representatives, the researchers heard that the public was less inclined to support government oversight. However, some of these representatives mentioned that their jurisdictions were family oriented, so appeals to youth and the safety of the community were more likely to be supported.

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