Planned ‘zombie’ law targets distracted pedestrians

By Kunqin Wang

The feasibility of a so-called “Zombie Law” — a proposed Ontario government bill targeting distracted walking — is being seen as the key obstacle to implementing the idea across the province.

Yvan Baker, the Liberal MPP for Etobicoke Centre, said his private member’s bill would impose fines ranging from $50 to $125 for pedestrians caught using smartphones or other electronic devices while crossing the street.

A 2010 report of the Chief Coroner for Ontario showed that, in seven per cent of cases where pedestrians were killed that year, they were distracted by their phones.

“The bill I introduced would apply to every city in Ontario, every municipality,” Baker said. “No matter what community that you are in, if you are distracted while you are crossing the road, you are more likely to get killed.”

A poll conducted by market research company Insights West in 2016 found 66 per cent of people surveyed strongly or somewhat supported the idea of banning distracted walking.

Baker said the legislation aims to “help prevent injuries and save lives” and “raise the awareness of not paying attention” in busy cities and towns.

Ottawa resident Pierre Abinader said he accepted the idea of imposing fines to regulate people’s behavior, but thought $50 was too much to target distracted pedestrians.

Simon Brazier, a business manager working in downtown Ottawa, said an electronic walking signal means he should be safe crossing the street and that he can simultaneously pay attention to his surroundings while looking at his smartphone.

“I get 500 emails a day,” he said. “I need to check.”

Marwan Tabbara, federal Liberal MP for Kitchener South-Hespeler, said distracted pedestrians should be given warnings at the beginning rather than costly fines.

“Everyone likes to check their phones,” said Tabbara. “Increasing technology like voice control might minimize the effects of distraction.”

John Woodhouse, chair at the pedestrian advocacy group Walk Ottawa, said he didn’t believe the proposed law could solve the basic problem of pedestrian safety because only a small proportion of pedestrian injury cases are related to smartphone use. The major problems, he said, are distracted drivers and poorly designed roads, intersections and other urban infrastructure.

The Ontario government recently introduced legislation, Bill 174, that would strengthen existing road safety laws and allow for new measures to make roads even safer, especially for vulnerable road users such as pedestrians and cyclists.

“These proposals will address concerns that existing penalties do not address the seriousness and severity of careless driving offences involving pedestrians and cyclists,” said Bob Nichols, senior media liaison officer with the Ontario Ministry of Transportation.

Baker responded to some critiques of his proposal regarding additional workload for police if they were required to enforce a distracted walking law.

“We should leave that decision to the police of what they think is the best way to protect the safety of people on roads,” said Baker. “And they can choose to decide how they enforce it and how often they enforce it.”

The bill is scheduled to be debated in March. Baker said he hoped it then would move to a committee and quickly pass.