Police plan restraint on distracted-driving law

Police will use discretionin enforcing the province's new distracted-driving lawwhen itcomes into force next week, an Alberta traffic officer says.

That means typically giving out tickets only when theres evidence someones driving was hampered by what they were doing on the side, said Barry Maron, acting staff sergeant with the Edmonton Police Services traffic squad.

"I would suggest to officers who ask me that they use a bit of discretion. You need some way of being able to tell a judge why what they were doing was distracting from the actual act of driving," Maron said Tuesday.

"Its always better to have some examples, so they were speeding up and slowing down in traffic, the light turned green and they sat there for five or 10 seconds and all the traffic had gone away from the intersection."

Maron said the new law doesnt require that, but its nevertheless "key" to "get convictions in court."

Staff Sgt. Michael Watterston of the Calgary Police Service said officers plan to issue plenty of warnings in the first month of enforcement, but anyone blatantly disregarding the law might find themselves with a $172 fine.

"Were not going to be jumping out from behind a tree to issue a ticket to someone glancing at a map at a stop sign," Watterston said. "However, if we see someone obviously flouting the law driving with their knees, reading a map and sending a text then they can certainly expect a ticket."

The police's priority, Watterston said, "is to ensure we do everything we can to keep our streets safe. This new legislation is a great tool for us to use to help us achieve this goal."

TheTraffic Safety (Distracted Driving) Amendment Act was passed last year and comes into force Sept. 1. It prohibits a raft of activities while driving or cycling, including:

• Holding, viewing or talking on a hand-held cellphone, or texting or emailing
• Having a TV, computer or other display screen within view
• Manually operating a GPS device
• Reading books, newspapers or other texts, as well as writing or sketching
• Personal grooming

There are exemptions. Drivers can use a GPS device if its voice-activated or if they programmed it before starting their trip. Viewing a cars instrument gauges and status screens is OK. And its still legal to use radios for certain kinds of emergency, safety or delivery tasks, or to use a cellphone or radio to call 911.

But Alberta officials say the new law is still the toughest of its kind in the country even if the province is the last to introduce a ban on using hand-held cellphones while driving.

"This law is designed to be practical, effective and enforceable. For example, a driver can have a snack, but the driver cannot have a bowl of cereal which he or she is eating with a spoon while driving," said Alberta Transportation spokesperson Donnae Schuhltz. "We want all Albertans to arrive home safely at the end of the day."

Government dithered on ban

A violation will not result indemerits on a driver's licence and wont appear ona driving abstract, but that could change, the Transportation Department says.

There is already a more generalstatutory offence of driving without due care and attention, which carries a fine of $402 and six demerit points.

All otherCanadian provinces have laws that make it illegal to talk on a hand-held cellphone while driving. New Brunswicks is the most recent; itcame into force in June and imposes a $172.50 fine and three demerit points for contraventions.

Alberta'sTory provincial government dithered for several years on whether to enact a ban. Premier Ed Stelmach and most grassroots party members opposed it, but some MLAs were staunchly in favour. In the end, the law that was passed came from a private member's bill proposed by Progressive Conservative MLA Art Johnston.