Call to penalise drivers harder for using cellphones while driving as road toll soars

Sunday, 22 October 2017

There are calls for cellphone driving ban penalties to be reviewed as New Zealand's road toll continues to climb. (File photo)

As the road toll jumps, calls are mounting for a review of the punishment handed to motorists who break the driver cellphone ban.

The number of people caught using cellphones while driving now outnumbers those caught drink-driving, with 27,681 people flouting the cellphone law in the 12 months to June, compared with 24,858 caught drink-driving.

The number of people caught breaking the cellphone driving law now outnumbers the number of people caught drink-driving. (File photo)

But the Ministry of Transport says it has no plans to increase the penalty, which stands at an $80 fine and 20 demerit points.

Wellington City Council transport strategy and operations portfolio leader Chris Calvi-Freeman wants the penalties to be doubled, in line with what happened in the UK earlier this year.

Wellington City councillor Chris Calvi-Freeman says the fine and demerit points for breaking the law should be doubled. (File photo)

* 60 more deaths predicted on New Zealand roads this year

* New Zealand's road toll on track for highest total in years**

'I have a personal feeling that the road toll increase is being significantly affected by the use of cellphones,' Calvi-Freeman said.

Labour transport spokesman Michael Wood says New Zealand's road safety strategy is 'patently failing'. (File photo)

Up to October 20, 302 people had died on the roads in 2017, closing in on the 328 for all of 2016, with more than two months still to go till the end of the year.

'My observation when I'm driving, walking or cycling is that so many people are now flicking their eyes up and down to their device that they hold below wheel height,' Calvi-Freeman said.

Green Party transport spokeswoman Julie Anne Genter says research was needed on what impact harsher penalties would have. (File photo)

'I'm very fearful as to what this sort of thing is going to do for more vulnerable road users – cyclists and pedestrians.'

Doubling the penalties would send a stronger signal to motorists about the dangers of using cellphones while driving, he said.

Last week Labour's transport spokesman, Michael Wood, said the country's rising road toll was 'horrific', and the current road safety strategy was 'patently failing'.

'We'll be driven by the evidence for what works, including whether stiffer penalties for driving while distracted would make a difference.'

Green Party transport spokeswoman Julie Anne Genter said last week that the rate of distracted driving needed to come down, and research was required on whether harsher penalties would reduce that.

'It's pretty clear that we need better enforcement.

'It's not uncommon to see one-in-three or one-in-four drivers looking at their phones.'

She noted the fine in Australia was A$400, while in Canada it was generally $C490. The fine in the UK is now £200.

The New Zealand Transport Agency said drivers were 23 times more likely to be involved in a crash when texting while driving.

Doing so can reduce reaction time and peripheral vision, make it harder to stay in the correct lane, and result in shorter following distances.

Last year, there were 23 fatal crashes and 178 serious injury crashes caused by driver distraction, the agency said.

Road safety director Harry Wilson said drivers' attention could be diverted by competing events, objects and people.

'That includes using a hands-free mobile device, and our advice is to switch phones off while driving.

'If you're using the map/GPS function on a device, make sure you enter your destination before you start your journey, or pull over in a safe place to do so if necessary.'

Ministry mobility and safety manager Brent Johnston said changes to the penalties were not being considered.

That was despite at least 19 deaths and 49 serious injuries being caused by crashes involving cellphone distraction in the five years to 2016, he said.

'This is likely to be under-reported as it can be difficult for an attending police officer to detect cellphone use when they attend crashes.'

Advertising campaigns, such as the 'Hello' campaign launched last year targeting drivers in their 20s, were used to educate drivers, Johnston said.

'While the law is proving to be a deterrent, there are still people breaking the law and needlessly putting themselves and others in danger.

'Road safety is everyone's responsibility. We strongly encourage everyone to give driving the attention it deserves – choosing not to use a mobile phone while driving is one way to do this.'

Police did not want to comment on the issue.

'We don't set the rules, we only enforce them,' a spokesperson said.

CELLPHONE DRIVING BAN

Under the Land Transport (Road User) Rule 2004, it is illegal to use a hand-held mobile phone to:

* Make, receive or terminate phone calls

* Create, send or read texts or emails

* Create, send or view video messages

* Communicate in any other way

AVOIDING DISTRACTION

Ways to avoid using a phone while driving include by pulling over; installing a hands-free kit; giving your phone to a passenger so they can hold it for you during conversations or send text messages; and pre-programming audible GPS directions. Source: NZ Police

DRIVING OFFENCE FINES

Parking offence: From $12

Using cellphone while driving: $80

Not wearing seatbelt: $150

Speeding: $30-$630

Driving unsafe vehicle: From $2000

Drink/drugged driving: Up to $6000 (three or more offences)

Overloading: Up to $10,000

Reckless/dangerous driving causing injury/death: Up to $20,000

* Source: NZTA