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Distracted Driving Legislative Stakeholder Meeting December 5, 2014 Washington Traffic Safety Commission 1

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Distracted Driving Legislative Stakeholder MeetingDecember 5, 2014Washington Traffic Safety Commission

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WTSC BackgroundCommissionTarget Zero Strategic PlanFunding

◦Mostly federal Gas tax dollars for behavioral change

efforts New Federal Transportation Authorization

(every 6 years or so)MAP-21

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MAP‐21 ImplementationDistracted Driving

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Distracted Driving Law23 CFR 1200.24 Law Requirements: State must enact and enforce a texting law

and a youth cell phone use law.

Texting law must prohibit texting through a personal wireless communications device while driving.

Youth cell phone use law must –◦ Prohibit youth cell phone use through a personal

wireless communications device while driving;◦ Require distracted driving issues to be tested on

driver’s license examination.

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MAP‐21 DefinitionsTexting means “reading from or manually

entering data into a personal wireless communications device, including doing so for the purpose of SMS texting, e‐mailing, instant messaging, or engaging in any other form of electronic data retrieval or electronic data communication”

 Driving means “operating a motor vehicle on a public road, including operation while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise…”

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Texting & Youth Cell Phone Must

Make a violation a primary offense;

Specify a minimum fine of $25 for a first violation;

Provide increased fine for repeat violations within 5 years.

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Only the Following Exceptions:Contacting emergency services;Emergency services personnel in

performance of official duties;FMCSA regulations (CMV driver

and school bus driver).

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Sample Non‐Qualifying Texting LawNo person shall use a handheld mobile

telephone for texting while operating a moving motor vehicle on any public road.

Definitions:◦“Texting” means to read, write or send a text‐

based communication to any person, commonly referred to as text message, instant message or email.

◦“Mobile telephone” means a telephone that operates without a physical, wireline connection to the provider’s equipment.

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UW MEDICINE │ INJURY CONTROL

DISTRACTED DRIVING

Beth Ebel, MD, MSc, MPHHarborview Injury Prevention & Research Center

University of Washington/Seattle Children’s Hospital

King County Prosecutor’s Office

Public Health - Seattle and King County

December 4, 2014

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Distracted driving video

DISTRACTION IN ACTION

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DISTRACTION AND CRASH RISK

Series10

5

10

15

20

25

4 4

23.221.3

Relative Risk of Near Crash Event

blood al-cohol .08Cell phoneSeries3Text messagingblood alcohol 0.19

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• Distracted driving behaviors are hard to change

• Drivers support legislation restricting texting and mobile phone use; however they continue to use these devices, irrespective of laws and injury risk

• Compulsive, automated behavior (O’Connor, Ebel 2013)

• High visibility enforcement needed to change behavior; history of success (seat belts, impaired driving)

DISTRACTED DRIVING

Dr. Ivan Pavlov

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Goal: Improve implementation and enforcement of distracted driving laws

Aims:1. Measure distracted driving in Washington State2. Measure citations for distracted driving3. Identify factors promoting effective

enforcement of distracted driving laws4. Share study findings with decision-makers

DISTRACTED DRIVING STUDY

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Design:• 7900 drivers observed at

controlled intersections in 6 large counties

Results:• Nearly 1 in 10 drivers (9.5%)

were using cell phones or texting behind the wheel

• Nearly half of distracted drivers were texting or manipulating a wireless communication device

DISTRACTED DRIVING STUDY

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TEXTING AND TALKING AMONG DRIVERS USING A PORTABLE WIRELESS DEVICE

Talking on cellphone hands free

10.2%

Texting47.4%

Talking on cell-phone (phone to

ear)38.1%

Talking on cellphone (phone away from

ear)3.8%

Talking hands-free (bluetooth headset) Texting or visible manipulation of handheld deviceTalking on cellular phone (phone to ear) Talking on handheld phone (speaker)

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CITATIONS IN 6 WASH. COUNTIES, 2010-12

Cell phone69%

Inattention28%

Texting3%

Intermediate driver license distraction

0%

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County Citations for Distracted Driving

2010-2012

(per 1000 licensed drivers)

Observed Distracted Driving

2013

(% of drivers at controlled intersections)

Cell phone citations

Texting citations

Snohomish 18.0 0.76 4.3

King County 8.3 0.42 9.0

Yakima 8.0 0.20 8.6

Spokane 7.7 0.29 14.5

Whatcom 7.5 0.33 12.5

Pierce 6.2 0.61 5.4

DISTRACTED DRIVING CITATIONS AND OBSERVED BEHAVIOR, 6 COUNTIES

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Participants

27 law enforcement officers in 3 counties

Key findings

1. Distracted driving is impaired driving

2. Tickets more effective than warnings

3. Update state distracted driving laws

• Cover all handheld phone practices

• Clarify risk at intersections while driving

• Close loopholes (“just dialing”)

• Increase penalties for repeat offenders

4. Adopt best-practice policies to limit distracted driving in police departments

LISTENING TO LAW ENFORCEMENT

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PROPOSED LEGISLATIVE CHANGES

• Senate Bill 6227 proposed in 2014• All handheld distraction covered

• Remove “phone to ear” provision

• No exclusion for stop signs/stop lights

• Increasing penalty for second offense

• SB 6227 brings law into compliance with federal standards• New opportunities for federal funds (portion

of $17.5 million)

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 1. Strengthen public health efforts to support effective enforcement of distracted driving laws through education, social marketing, and outreach to law enforcement partners

2. Support ongoing measurement of distracted driving

3. Consider resolution to update Washington Distracted driving laws

4. Adopt policies and consequences to limit distracted driving in the performance of county work

DISTRACTED DRIVING: OPPORTUNITIES FOR PUBLIC HEALTH

UW MEDICINE │ INJURY CONTROL

QUESTIONS?

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• Cell/Texting High Visibility Enforcement Campaigns

• April 2014 – U Text. U Drive. U Pay.

• April 1-15, 2015

• Locally Coordinated HVE throughout the year

• Annual Grant Process

• January 2015 for 2015/16 funding

WTSC DISTRACTED DRIVING PROGRAM

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• State Farm Grants to high schools• Sam Thompson’s Story

WTSC DISTRACTED DRIVING PROGRAM

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Law Enforcement Challenges Video