Province triples fines, imposes suspensions in distracted-driving crackdown By: Jessica Botelho-Urbanski Posted: 7:00 PM CDT Tuesday, Oct. 16, 2018

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Distracted driving fines will more than triple when the province proclaims new legislation Nov. 1 that’s meant to crack down on the potentially deadly behaviour.

Infrastructure Minister Ron Schuler announced stiff penalties Tuesday which, in some cases, exceed the punishments set for impaired driving in Manitoba.

Distracted drivers caught by police for the first time will be subject to a $672 fine (up from $203), a three-day licence suspension, a penalty of five demerits (as opposed to the previous two demerits) and a $50 licence reinstatement fee.

Drivers penalized a second or subsequent time within 10 years are subject to the same fines, fees and demerit losses all over again, plus a seven-day licence suspension.

By comparison, novice drivers who violate the zero blood alcohol restriction (blowing less than .05) get an immediate 24-hour roadside licence suspension, have their driving record reviewed and are required to pay a licence reinstatement charge, according to rules laid out on Manitoba Public Insurance’s website.

“This is going to be very, very expensive,” Schuler said of the new penalties. “We want to make the case to the public (that) the amount of accidents… it’s growing exponentially as compared to any other accident. And we have to deal with this.”

The minister said distracted driving doesn’t seem to adversely affect one demographic in particular.

“It’s every one of us and it doesn’t seem to matter — male, female. It doesn’t matter what age it is…. We all have to take this seriously. It’s not cool being on your phone and driving,” he said.

Schuler also noted distracted driving can be anything from texting and driving to eating a pizza behind the wheel. The penalties won’t discriminate based on the offence.

“If you’re driving distracted, everything qualifies. It comes down to if the officer can see that you’re not engaged in driving and they can see that you’re distracted,” he said.

Another component of the new rules means distracted drivers will have to hand over their licences to police if they’re stopped. Then, officers will provide temporary driving permits, valid for 24 to 48 hours, to drivers so they can get wherever they’re going before the suspension kicks in.

Scott Newman, spokesperson for the Criminal Defence Lawyers Association of Manitoba, said this aspect of the policy ought to be reconsidered.

In Ontario, distracted drivers won’t have their licences suspended until after they’ve had a chance to contest the ticket in court, he said.

“Frankly that’s the appropriate way to deal with it, because nobody should have these penalties imposed prior to being found guilty,” he said.

The lawyer has already seen cases where distracted-driving tickets were issued to people who didn’t have cellphones, but whom officers claimed were on their phones while behind the wheel, which highlights the he-said-she-said nature of the framework.

He’s not sure whether all types of distracted behaviour should receive the same distracted-driving charges as per an officer’s discretion, either.

“Distraction is something that’s in the mind of the driver, whether or not they’ve got appropriate focus, care and attention to the road,” Newman said.

“You’re almost asking the police to be mind-readers if you’re going to say, ‘This person wasn’t watching the road when they ate that pizza.’ How can the police possibly know that? I think it’s the kind of thing that needs to be subject to examination in court before you start taking drivers’ licences away.”

Todd Dubé, founder of traffic advocacy group Wise Up Winnipeg, disagrees, saying “something as dangerous as this habit is requires that severe and instant of a penalty.”

“Cellphone use while driving is arguably more dangerous than impaired operation of a vehicle. It’s a hard habit to break for many, especially the younger drivers,” he said. “Our simple recommendation to drivers is to make it a habit to put your phones in the trunk before you get in the car. It will quickly become as routine as putting on your seatbelt.”

Winnipeg Police Service traffic division Insp. Gord Spado also believes a culture shift is necessary to curb distracted driving.

“People are so accustomed to instant communication, instant contact, instant gratification and everything,” he said. “And people don’t understand that it can take your attention away from what you’re supposed to be doing (on the road).

“It’s time to get the message: it’s dangerous and we need it to stop.”

jessica.botelho@freepress.mb.ca

Twitter: @_jessbu