The Province

Distracted driving deserves stricter penalty

- Wayne Moriarty OPINION wmoriarty@postmedia.com

Some 10 years ago, psychologi­sts at the University of Utah published a study showing that people who use cellphones while driving are as impaired as drivers with a blood-alcohol level of 0.08.

Interestin­gly, according to the study, it didn’t matter if the phone was hand-held or hands-free.

The lead author of the scientific work, psychology professor David Strayer, concluded: “Clearly, the safest course of action is not to use a cellphone while driving.”

Yes, it’s an old study and, yes, Professor Strayer’s ultimate conclusion seems a little obvious. Nonetheles­s, this work, and other similar studies that arrived at similar conclusion­s, ought to be examined and/or re-examined as part of B.C.’s move to take distracted driving as seriously as it takes impaired driving.

(For what it’s worth, the MythBuster­s team on the Discovery Channel actually arrived at the conclusion that using a cellphone while driving is worse than being impaired. While MythBuster­s is more entertainm­ent than science, its conclusion is, um, staggering.)

Last year, the B.C. Liberals began taking the problem of distracted driving a lot more seriously than they had in the past, and certainly more seriously than many other jurisdicti­ons in North America.

Fines for a first guilty infraction were doubled to $368. As well, an ICBC driver penalty point premium brought the total fine for a first-timer to $543.

A lot, yes, but ultimately not even the cost of a new iPhone.

A second guilty infraction, within the same year as the first, results in an additional hit of just less than $900.

That seems harsh, but, in ways, it’s less punitive than even a roadside suspension for impaired driving — and a roadside suspension for impaired driving isn’t even a proper conviction in a court of law.

If you are actually convicted of the crime of driving while affected by drugs or alcohol, the costs can be enormous — financiall­y and in other ways.

The minimum fine for the first impaired offence is $1,000, plus a driving prohibitio­n, plus possible jail time, plus the likelihood of having to enrol in a responsibl­e driving program ($880), plus the requiremen­t to install an ignition interlock system ($1,700).

If I do the quick math in my head, a first-time impaired conviction will run almost $3,600, plus a licence suspension and possible jail time. Oh, and your lawyer fees could cost $10,000 or more, so you know.

Conversely, as mentioned, a firsttime distracted driving conviction costs $543 and carries only the addition penalty of added points and a possible insurance hike.

Given that science is telling us one is as bad as the other, it makes no sense that a conviction for one can be life changing, while a conviction for the other is little more than a nuisance.

They really ought to be treated legally in the same way.

Until Mothers Against Drunk Driving came along in 1980, being gassed behind the wheel of a car in North America was pretty much a misdemeano­ur. It may take the will of a similar grassroots organizati­on to put distracted driving on par.

Distracted driving continues to be a big problem in British Columbia. I am guilty of it occasional­ly, though I am working hard these days at keeping my phone in the trunk of my car. Making this sort of conscious effort to not be bad would be a whole lot easier if the punishment fit the crime.

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