Photo illustration by Kristine Walkden, Centretown News
Ottawa police want distracted driving legislation to include cyclists.In an effort to reduce distracted driving, Ottawa police want to ban cyclists and heavy machine operators from using cellphones.
In a letter to the committee studying Bill 31, which seeks to expand the current law to encompass all vehicles on Ontario roadways, Sgt. Mark Gatien asked the committee to close this loophole by revising the current wording in the legislation to change “motor vehicle” to simply “vehicle.”
“Motor vehicle,” according to the bill, “includes a street car and a motorized snow vehicle.” This excludes vehicles outside these categories, such as bicycles, backhoes and other road-building machines. There’s a backlog of complaints provided to officers concerning backhoe operators and cyclists using their phones, says Gatien.
“In my mind, if you’re using the same road as a car you’ve all the same rules as a car,” he adds.
The highest risk cyclists pose on the road is to themselves, says Gatien. If the law changes, cyclists pedaling on a roadway would have to pay the same fine as a driver if they caused an infraction.
“If a cyclist happens to weave off to the left because they’re not paying attention and a car clips and happens to kill them, it’s the driver of that car who has to live with that for the rest of their life,” says Gatien.
Reports of road-building machine operators using their phones while traveling from job sites is another concern, says Gatien.
“We definitely encourage anybody who’s operating heavy equipment to put their phones down,” says Ivan Levac, president of the National Capital Heavy Construction Association. “If you’re driving from one site to another and operating your backhoe, I see no difference between that and operating a car.”
Levac says that multiple construction employers have current safety policies in place that restrict heavy equipment operators from using cellphones while working.
To Somerset Ward Coun. Catherine McKenney, cyclists aren’t the real problem and current laws governing their behaviour are strict enough.
“If you’re looking at safety, and that’s your concern, we know now that distracted drivers within a year from now will take over as the number one cause for death on our roadways – ahead of drinking and driving,” says McKenney. “We need to focus on what the real issue is and that’s distracted drivers (of motor) vehicles.”
Cellphone use behind the wheel has been banned in Ontario since 2009. In 2013, distracted driving deaths eclipsed impaired driving deaths, according to Ontario Provincial Police statistics. The provincial government is considering increasing fines for distracted driving hikes from $280 to $1,000, tacking on three demerit points if convicted.
Gatien’s letter also addressed the issue of tinted windows and the risks associated with the modification. Darkly tinted windows can restrict pedestrians, other drivers and police officers from making proper eye contact.
Gatien wants to introduce photometric meters to the province – an instrument capable of measuring the light that can pass through a tinted window to determine if it’s too dark. If the legislation is amended, results registering below 70 per cent would be fined.
“We need to see in the driver’s compartment,” says Gatien. “When we do a traffic stop and approach the vehicle, I need to see through the window so I can be sure that there’s not a weapon of any type behind it.”