Amendment Rule 2009 Q&A

The following is an extract reproduced from the Land Transport New Zealand website. It addresses questions and answers about the Road User Ammendment Rule.

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1. Ban on the use of hand-held mobile phones while driving

• ban the use of hand-held mobile phones and other telecommunications devices, such as Blackberry devices and Personal Digital Assistants (PDAs), while driving (including using these devices to text, email or send instant messages);
• allow the use of hands-free mobile phones and two-way radios for verbal communication; and
• allow genuine emergency calls (including *555) to be made where it is impracticable to pull over to make a call.

• Includes a portable electronic device whose functions include being a telephone
• Does not include a CB radio
• Does not include any other kind of two-way radio
• Does not include an earpiece or mouthpiece that is connected, physically or otherwise, to a mobile phone to allow a driver to use the phone without holding or manipulating it.

The safest option to minimise the potential for distraction while driving is to switch your phone off, or pull over safely and legally to make or take a call on a mobile phone. Note: Pulling over on the motorway shoulder, unless in a genuine emergency, is illegal and dangerous.

While driving, a driver may use a mobile phone to make, receive or end a phone call:

• Only if they do not have to hold or manipulate the phone in doing so (therefore a fully voice-activated phone would not need to be mounted).
• Or, provided the mobile phone is secured in a mounting fixed to the vehicle, if the driver manipulates the phone infrequently and briefly.

This allows drivers without full voice-activation on their phones to make or receive calls. If a driver calls a number, ends or receives a call they should only need to touch the phone infrequently and briefly.

That the mobile phone is held in a cradle or similar device that is securely attached to the dashboard or similar place on the vehicle.

Provided the mobile phone is in a securely mounted device and the driver manipulates it only infrequently and briefly then they may enter a full number. However, we would advise drivers to pull over to answer, make or end calls where possible.

Drivers cannot do this while driving unless the phone is in a mounted device. You cannot hold or manipulate a phone to answer, or make a call even if you use it on loud speaker when talking.

Yes. Earpieces or mouthpieces attached to a phone can be used to allow a driver to use a phone without holding or manipulating it. So a driver may still touch an earpiece or mouthpiece to activate or make a call. As noted above, drivers will also be allowed to call a number, receive or end a call if the phone is in a mounted device.

Provided the phone is secured in a mounting drivers may make (includes turning it on), receive and end a call provided they can do this by manipulating the phone only infrequently and briefly. However, the Rule does not allow drivers to physically manipulate a phone that is not in a mounted device. So they could not turn it on, position it or attach a hands-free device. We would expect people to do these things before they begin driving.

It is not the intent of the Rule to make it illegal for motorists to use the SatNav or music functions of their mobile phones, provided these are mounted in the vehicle and are manipulated infrequently and briefly. It is also not intended to discriminate against one kind of satellite navigation device or another.

The Minister of Transport met with transport officials on 28 September 2009 to discuss the issue of SatNav and music functions on mobile phones and officials are currently amending the Rule accordingly.

However, it is important to note with all of these devices that they should be programmed while the vehicle is stationary, as they are all potential distractions in a moving vehicle.

Transport officials will also be looking at other transport legislation that could be affected by this change to the Land Transport (Road User) Amendment Rule 2009 to ensure consistency.

Although the detail of this are still being worked through, there is no intention of allowing people to hold a mobile phone used as a SatNav device. To listen to prompts from a satellite navigation feature on a phone, drivers would need to have it secured in a mounting and use a loud speaker.

The date that this amendment will come into force has yet to be confirmed, but it should be before the end of 2009.

No. There is no intention to allow people to play games or use email while driving.

No. The detail around the amendment allowing the use of SatNav and music functions is still being worked through, but there is no intention of allowing drivers to use a phone that is not hands-free in anyway.

No. Disabling phone functionality would not mean that a mobile phone ceases to be a mobile phone (as defined) and subject to this amendment Rule. Restrictions on using, holding and manipulating the device would still apply.

A scanner device (like those used by couriers) will be subject to the ban on hand-held mobile phone use while driving only if it can also be used as a phone. If the scanner device has a telephone function, a driver will be allowed to use this function provided the scanner device is secured in a mounting, and the driver manipulates the device infrequently and briefly or if it is completely voice-activated. The driver will not be allowed to send, read or create a text message.

CB radio and other forms of radio that do not have phone functionality are not subject to the provisions in the amendment Rule.

The ban on hand-held mobile phone use while driving in the amendment Rule will contain an exemption for calls to *555 provided it is not practical or safe for the driver to pull over to make the call. This recognises the importance of *555 for reporting driving that is dangerous to other road users.

No. If a heavy vehicle is being driven so dangerously as to warrant calling on a hand-held phone while driving we would suggest drivers call *555. Otherwise feedback on poor driving should be given once you are off the road.

If a driver is stuck in traffic due to the road ahead being blocked, for example because of an accident, they may use their mobile phone to make, send and receive calls. But this does not apply when drivers are stationary in the normal flow of traffic, such as approaching intersections, traffic lights or roadworks.

The provision banning drivers from using hand-held mobile phones in the amendment Rule applies to all vehicles and includes cyclists, motorcyclists, and riders of mobility scooters and mopeds.

Australia and a number of European Union countries including the United Kingdom as well as several states in the US.

An infringement fee of $80, and 20 demerit points, will be the penalty for those breaching a ban on using mobile phones while driving.

Enforcement action will be taken where a driver is observed holding a mobile phone in his/her hand while manipulating the keys and/or holding the mobile phone up to the ear while conversing.

When there is safe opportunity to so a driver can stop and call *555, otherwise report it via the Community Road Watch programme.

‘Driver distraction’ occurs when a driver’s attention is diverted from the task of driving by an object, person, event or activity that is secondary or unconnected to the main task of driving. A large body of research shows that distractions inside a vehicle impair driving performance and safety. Driving is a complex task and requires the use and coordination of various skills – physical, cognitive and sensory. The more a driver’s attention is diverted away from the task of driving, the greater is the risk of crashing. The research on driver distraction shows that risk increases as the task becomes more complex, time-consuming and frequent.

Using a mobile phone while driving adds to an already complex task. It involves the driver mastering several different types of physical actions and requires a high degree of cognitive attention. When used while driving, mobile phones can cause distraction by taking a driver’s eyes off the road (e.g. when reading a text message), drawing their attention away from the driving task (e.g. when talking), and physically interfering with vehicle control (e.g. when reaching to answer the phone while steering).

‘Traditional’ distractions, like talking to passengers, tuning the radio, smoking, eating etc, can be modified or reduced during dangerous or demanding traffic situations. For example, passengers are aware of the road environment and will generally let the conversation lapse during a dangerous or complicated driving situation, allowing the driver to concentrate fully on their driving. A person on the other end of a mobile phone, however, would not be aware of any potential hazards and will often continue to talk, distracting the driver at critical moments.

However, all distractions should be avoided as much as possible. Any factor that can cause distraction could still lead to a charge of careless use of a vehicle if a person drives in a dangerous manner.

Being distracted can impact on a driver’s performance in several ways including:

• slowing reaction times;
• impairing the ability to maintain an appropriate and predictable speed and lane position;
• impairing hazard detection and response;
• impairing judgment and perception of gaps in traffic; and
• reducing general awareness of other traffic.

There have been many studies carried out on this subject. A British study¹ showed that drivers’ reaction times to hazards were, on average, 50% slower when using a mobile phone than under normal driving conditions.

¹ Bruns, PC, Parkes, A, Burton, S, Smith RK, Burch, D. How dangerous is driving with a mobile phone?: benchmarking the impairment to alcohol. Crowthorne, Eng: TRL Ltd. A study conducted by the Transport Research Laboratory (TRL) for Direct Line Insurance

A survey conducted in 2004² showed that approximately 65% of New Zealanders owned a mobile phone. Fifty-seven percent of those surveyed used a mobile phone, at least occasionally, while driving.

² Sullman, MJM and Baas, PH (2004) Mobile phone use amongst New Zealand drivers. Transportation Research Part F: Traffic Psychology and Behaviour, 7, (2), pp. 95-105

As the capabilities of mobile phones continue to expand, there will be even further opportunities for drivers to be distracted. Already, mobile phones can be used to talk, read and send text messages, take photos, download and play video clips from the internet, navigate the driver to chosen destinations and perform other functions.

A recent study in Western Australia showed that the risk of having a crash increased fourfold when drivers used their phones to send text/SMS messages. There has been a steady rise in the number of people texting while driving, especially among young drivers. A study conducted by Telstra in Australia in 2003 concluded that one in six drivers regularly send text messages when driving. Another study showed that drivers spent 400 percent more time with their eyes off the road when text messaging than when they were not texting.

Legislation, enforcement and raising public awareness can all be used to help reduce crashes. A combination of all of these is likely to be the most effective option for changing driver behaviour and reducing crashes. It is also in line with the approach taken in the best performing road safety countries such as Australia, the Netherlands and the United Kingdom.

While these campaigns will increase awareness among drivers, they are unlikely to change attitudes or behaviour to stop a driver engaging in distracting activity while driving.

International experience has shown that information and education campaigns increase awareness of a road safety problem, but that achieving widespread and lasting driver behaviour change requires legislative measures as well.

Maintaining the status quo was no longer an option as mobile-phone-related crashes are increasing, and public concern about this issue is growing. When using a mobile phone while driving is banned in New Zealand, there will be a real incentive for drivers to stop the practice entirely.

The NZTA is looking at a number of educational initiatives to raise awareness about the wider issue of driver distraction.

The Road Safety Trust is also working to raise awareness about issues of distraction, including the danger of using mobile phones while driving.

The government is currently developing Safer Journeys, a road safety strategy to take New Zealand through to 2020. From 18 August to 2 October 2009, it sought public feedback on a discussion document that sets out road safety issues and actions for addressing them, including driver distraction. The strategy will be released in December 2009.

A specific ban will make enforcement easier by allowing the Police to issue infringements (instant fines and demerit points) instead of having to prove careless or inconsiderate driving charges via the Court system.

Currently, these charges are normally laid only in relation to serious crashes.

Banning the use of hand-held phones while driving also brings New Zealand into line with the legal requirements of the best-performing road safety jurisdictions. All Australian states and at least 45 countries (including most countries in the European Union) have legislation banning the use of mobile phones while driving.

Consultation carried out as part of the development of the Road User Rule in 2002-2003 showed broad support for a ban on using hand-held mobile phones while driving. More recently, there has been growing public support for a ban, and the NZ Automobile Association (76%) and Research New Zealand (86%) polls have confirmed this. Vodafone and Telecom have also come out in support of such a ban.

Mobile phones are an essential business tool, particularly for tradesmen and small businesses, many of whom would be economically disadvantaged without the ability to be contacted while travelling. Mobile phones also provide safety and personal security benefits. A total ban could compromise these benefits.

Research shows that, although the risk of a crash is reduced when using a hands-free phone while driving, the risk of crashing while using a hands-free kit is still higher than when not using a phone at all. This is because the driver using a phone can be distracted by concentrating on the conversation rather than on the road. Some studies have suggested that banning hand-held mobile phone use could reinforce the mistaken belief that hands-free devices present a very low safety risk, and give a false impression that they are entirely safe to use while driving. One way of helping to dispel that perception, will be to ensure that educational messages emphasise the risks associated with all mobile phone use while driving.

There will be enforcement costs associated with banning the use of hand-held mobile phones when driving. These include infringement fee processing and collection costs, and the possible cost of diverting Police enforcement away from other activities.

The main expense for people who need to be able to use a phone while driving would be the purchase of suitable hands-free kits for their vehicles. The costs of these kits start at about $40 each. The preferred alternative, however, would be for drivers to choose to pull over safely to take calls on their mobile phone or to allow calls to be diverted to a messaging service.

 

Reproduced from the Land Transport website

Copyright of Land Transport New Zealand