Council Meeting Date: April 1, 2008 Agenda Item #: 5.1

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1 PROPOSED BYLAW: CELLULAR PHONE BYLAW Council Meeting Date: April 1, 2008 Agenda Item #: 5.1 Report Purpose To provide to Council the information gathered regarding a bylaw to regulate cellular phone use and to introduce a Communications Plan for the purpose of obtaining public input into the proposed Cellular Phone Bylaw. Recommendation 1. THAT Council receive as information the results of Administration s research into bylaws regulating cellular phone use while driving, jurisdictional issues, and information relating to enforcement respecting the proposed bylaw. 2. THAT Council authorize Administration to proceed to collect public input into the proposed Bylaw as set out in the Communication Plan enclosed as Enclosure IV and report back to Council. Council History On November 27, 2007 Councillor Dunn served a Notice of Motion THAT Administration be directed to conduct research into the issues surrounding the implementation of a bylaw to regulate the use of cell phones on highways within the municipality; and to present a draft Cell Phone Bylaw and a public consultation plan to Council by February 12, On December 11, 2007, Council directed Administration to conduct research into the issues surrounding the implementation of a bylaw to regulate the use of cell phones on highways within the municipality; and to present a draft wording for a Cell Phone Bylaw and a public consultation plan to Council by April 15, Background/Justification Strategic Plan: Governance X Community Well Being X Community Sustainability Economic Viability Service Delivery Stakeholder Communication X Resource Management Legislative/Legal: n/a Economic: n/a Social: Strathcona County is committed to preserving a community quality of life which emphasizes individual safety and well-being as well as the protection of public and private property. Environmental: n/a Document #: Legislative Legal Services

2 - 2 - Stakeholder: As the Cellular Phone Bylaw has the potential to impact many County residents, it is important to implement a two-way communication plan that promotes the sharing of information as well as the gathering of public input. Interdepartmental: The RCMP and Enforcement Services have had an opportunity to review and comment on the proposed bylaw. Communications and Corporate Planning & Intergovernmental Affairs will assist in implementing the Communications Plan as directed by Council. Summary While there is no statutory requirement to provide an opportunity for public input, this bylaw does impact many residents in Strathcona County. By providing this information to the public, we are able to maximize the benefits of public input on the bylaw. The attached Communications Plan will allow us to inform the public about the proposed bylaw, and gather input from members of the community on whether they support the bylaw. Communications Plan See Enclosure IV Communication with: Public, all County departments Method of Communication: (mark beside the applicable sections) Letter Newspaper Advertisement X News Release X Meeting Other: Random survey of County residents, website, newsletters, dedicated phone line to gather public input Enclosure I Draft Bylaw #1 (restricts both hands-free and hand-held) (Doc. #LLS 56922) II Draft Bylaw #2 (restricts hand-held only) (Doc. #LLS 57510) III PowerPoint Presentation (Doc. #LLS 56033) IV Communication Plan Author: Glenna Kemp, Legislative & Legal Services Date: April 1, 2008 Manager(s): Jocelyn Tennison, Communications Kevin Glebe, Corporate Planning & Intergovernmental Affairs Associate Commissioner, Division: George Huybregts, Corporate Services Document #: LLS Document #: Legislative Legal Services

3 ENCLOSURE IV Communication plan: Proposed cellular phone bylaw Goal To inform the public about the proposed bylaw, and gather input from members of the community on whether they support the bylaw. Audience All residents of Strathcona County Informing the community The proposed bylaw and additional information will be placed on the Strathcona County Web site. Printed copies of the information will also be made available at a variety of locations throughout rural areas and in Sherwood Park. Once dates are confirmed for the public input phase, this will be advertised in local newspaper, in newsletters and on the website. Methods for obtaining input An open invitation will be extended to any residents who wish to provide their input. Response will be invited in writing, by , mail or fax. A simple questionnaire on the proposed bylaw will be posted on the County website. A specific telephone line will also be set up for residents to call and leave their comments. To obtain a statistically valid sample of community opinion, a telephone survey will be conducted with 400 adult County residents chosen at random. This approach will enable any interested member of the community to comment, and provide a statistically valid sample of opinion from a crosssection of the community. Once these results are gathered and analyzed, Council may wish to consider a second phase, including public input sessions. Timing With Council s approval of this communication plan, plans will proceed to invite public input and conduct the surveys. This process (including planning, preparation, implementation and analysis) is anticipated to take approximately two months. A summary of the general input and survey results will be compiled and brought back for Council s review prior to the summer recess. Cost The estimated cost for advertising and the survey approximately is $12,000. A funding source has been identified for these costs. Document #: Legislative Legal Services

4 BYLAW XX-2008 (DRAFT #1) A BYLAW OF STRATHCONA COUNTY IN THE PROVINCE OF ALBERTA FOR THE PURPOSE OF REGULATING THE USE OF CELLULAR PHONES ON HIGHWAYS UNDER THE DIRECTION, CONTROL AND MANAGEMENT OF THE COUNTY WHEREAS the Municipal Government Act, RSA 2000, c. M-26 provides that a council may pass bylaws for municipal purposes respecting the safety, health and welfare of people and the protection of people and property; and WHEREAS it has been observed that usage of handheld mobile phones while driving a motor vehicle poses certain hazards to the motorists that may be considered as potential causes of road accidents; NOW THEREFORE the Council of Strathcona County, duly assembled, enacts as follows: SECTION 1: SHORT TITLE 1.1 This Bylaw may be cited as the Cellular Phone Bylaw. SECTION 2: DEFINITIONS 2.1 Cellular Phone means an apparatus which can send and received twoway voice telecommunications without the aid of a wire or cord, except where that wire or cord is used as a power source and includes cellular, analog, wireless and digital telephones but excludes two-way radio device. 2.2 Highway means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestleway or other place or any part of any of them, whether publicly or privately owned, that the public is ordinarily entitled or permitted to use for the passage or parking of vehicles and includes: (a) (b) (c) a sidewalk, including a boulevard adjacent to the sidewalk, if a ditch lies adjacent to and parallel with the roadway, the ditch, and if a highway right of way is contained between fences or between a fence and one side of the roadway, all the land between the fences, or all the land between the fence and the edge of the roadway, as the case may be, but does not include a place declared by regulation not to be a highway. 2.3 Park means, for an automatic transmission vehicle, that the vehicle is in the park gear; for a standard transmission vehicle, that the vehicle is Document #: Legislative Legal Services

5 BYLAW XX-2008 Page 2 of 4 in the neutral gear and the brake is being utilized or the vehicle is otherwise stationary. 2.4 Use means to use a Cellular Phone by dialling, answering, talking, texting and/or listening. 2.5 Vehicle means a device in, on or by which a person or thing may be transported or drawn on a highway and includes a combination of vehicles but does not include a mobility aid. SECTION 3: RESTRICTIONS 3.1 No person shall Use a Cellular Phone while driving on a Highway under the direction, control and management of the County. SECTION 4: EXEMPTIONS 4.1 Notwithstanding Section 3, this Bylaw shall not be construed to prohibit the Use of a Cellular Phone by: (a) (b) (c) any law enforcement, public safety or police officers, emergency personnel, first aid and emergency medical technicians and personnel and fire safety officials in the performance of the duties and arising out of and in the course of their employment; any person who is using a Cellular Phone to contact public safety forces as set out in section 4.1 (a), a medical doctor, hospital or other emergency health care facility. any person whose Vehicle is Parked either on public or private property. SECTION 5: OFFENCES 5.1 Any person who contravenes any provision of this Bylaw shall be guilty of an offence and liable upon conviction to a fine of not less than. SECTION 6 VIOLATION TAGS 6.1 A Peace Officer is hereby authorized and empowered to issue a Violation Tag to any person who the Peace Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw. 6.2 A Violation Tag may be issued to such person: (a) either personally; or

6 BYLAW XX-2008 Page 3 of 4 (b) by mailing a copy to such person at his last known post office address. 6.3 The Violation Tag shall be in a form approved by the County and shall state: (a) (b) (c) (d) (e) the name of the person; the offence; the appropriate penalty for the offence as specified in this Bylaw; that the penalty shall be paid within thirty (30) days of the issuance of the Violation Tag; any other information as may be required by the County. 6.4 Where a contravention of this Bylaw is of a continuing nature, further Violation Tags may be issued by the Peace Officer, provided that no more than one Violation Tag shall be issued for each day that the contravention continues. 6.5 Where a Violation Tag is issued pursuant to this Bylaw, the person to whom the Violation Tag is issued may, in lieu of being prosecuted for the offence, pay to the County the penalty specified on the Violation Tag. 6.6 Nothing in this Bylaw shall prevent a Peace Officer from immediately issuing a Violation Ticket for the mandatory Court appearance of any person who contravenes any provision of this Bylaw. SECTION 7 - VIOLATION TICKET 7.1 If the penalty specified on a Violation Tag is not paid within the prescribed time period then a Peace Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to Part II of the Provincial Offences Procedure Act, RSA 2000, c. P Notwithstanding Section 10.1 of this Bylaw, a Peace Officer is hereby authorized and empowered to immediately issue a Violation Ticket pursuant to Part II of the Provincial Offences Procedure Act, RSA 2000, c. P-34, as amended, to any Person who the Peace Officer has reasonable grounds to believe has contravened any provision of this Bylaw.

7 BYLAW XX-2008 Page 4 of 4 SECTION 8 - SEVERABILITY PROVISION 8.1 Should any provision of this Bylaw be invalid, then such provision shall be severed and the remaining Bylaw shall be maintained. SECTION 10 EFFECTIVE DATE 10.1 This Bylaw takes effect after third reading and upon being signed. Read a first time this day of Read a second time this day of Read a third time this day of 2008 and finally passed. MAYOR MANAGER, LEGISLATIVE & LEGAL SERVICES Date Signed:

8 BYLAW XX-2008 (DRAFT #2) A BYLAW OF STRATHCONA COUNTY IN THE PROVINCE OF ALBERTA FOR THE PURPOSE OF REGULATING THE USE OF CELLULAR PHONES ON HIGHWAYS UNDER THE DIRECTION, CONTROL AND MANAGEMENT OF THE COUNTY WHEREAS the Municipal Government Act, RSA 2000, c. M-26 provides that a council may pass bylaws for municipal purposes respecting the safety, health and welfare of people and the protection of people and property; and WHEREAS it has been observed that usage of handheld mobile phones while driving a motor vehicle poses certain hazards to the motorists that may be considered as potential causes of road accidents; NOW THEREFORE the Council of Strathcona County, duly assembled, enacts as follows: SECTION 1: SHORT TITLE 1.1 This Bylaw may be cited as the Cellular Phone Bylaw. SECTION 2: DEFINITIONS 2.1 Hand-held Cellular Phone means a Cellular Phone the use of which requires being placed in proximity to the mouth and ear by being held in the hand or by another means that uses one ore more parts of the body. 2.2 Hands-free Cellular Phone means a Cellular Phone that is equipped with and used with an external speaker or ear phone and microphone that may stand alone, be mounted in the vehicle or worn on the body. 2.3 Cellular Phone means an apparatus which can send and received twoway voice telecommunications without the aid of a wire or cord, except where that wire or cord is used as a power source and includes cellular, analog, wireless and digital telephones but excludes two-way radio device. 2.4 Highway means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestleway or other place or any part of any of them, whether publicly or privately owned, that the public is ordinarily entitled or permitted to use for the passage or parking of vehicles and includes: (a) (b) a sidewalk, including a boulevard adjacent to the sidewalk, if a ditch lies adjacent to and parallel with the roadway, the ditch, and Document #: Legislative Legal Services

9 BYLAW XX-2008 Page 2 of 4 (c) if a highway right of way is contained between fences or between a fence and one side of the roadway, all the land between the fences, or all the land between the fence and the edge of the roadway, as the case may be, but does not include a place declared by regulation not to be a highway. 2.5 Park means, for an automatic transmission vehicle, that the vehicle is in the park gear; for a standard transmission vehicle, that the vehicle is in the neutral gear and the brake is being utilized or the vehicle is otherwise stationary. 2.6 Use means to use a Cellular Phone by dialling, answering, talking, texting and/or listening. 2.7 Vehicle means a device in, on or by which a person or thing may be transported or drawn on a highway and includes a combination of vehicles but does not include a mobility aid. SECTION 3: RESTRICTIONS 3.1 No person shall Use a Hand-held Cellular Phone while driving on a Highway under the direction, control and management of the County. SECTION 4: EXEMPTIONS 4.1 Notwithstanding Section 3, this Bylaw shall not be construed to prohibit the Use of a Cellular Phone by: (a) (b) (c) (d) any law enforcement, public safety or police officers, emergency personnel, first aid and emergency medical technicians and personnel and fire safety officials in the performance of the duties and arising out of and in the course of their employment; any person who is using a Cellular Phone to contact public safety forces as set out in section 4.1 (a), a medical doctor, hospital or other emergency health care facility. any person whose Vehicle is Parked either on public or private property; or a person using a Hands-free Cellular Phone which allows the operator to maintain both hands on the applicable steering device while using the Hands-free Cellular Phone.

10 BYLAW XX-2008 Page 3 of 4 SECTION 5: OFFENCES 5.1 Any person who contravenes any provision of this Bylaw shall be guilty of an offence and liable upon conviction to a fine of not less than. SECTION 6 VIOLATION TAGS 6.1 A Peace Officer is hereby authorized and empowered to issue a Violation Tag to any person who the Peace Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw. 6.2 A Violation Tag may be issued to such person: (a) (b) either personally; or by mailing a copy to such person at his last known post office address. 6.3 The Violation Tag shall be in a form approved by the County and shall state: (a) (b) (c) (d) (e) the name of the person; the offence; the appropriate penalty for the offence as specified in this Bylaw; that the penalty shall be paid within thirty (30) days of the issuance of the Violation Tag; any other information as may be required by the County. 6.4 Where a contravention of this Bylaw is of a continuing nature, further Violation Tags may be issued by the Peace Officer, provided that no more than one Violation Tag shall be issued for each day that the contravention continues. 6.5 Where a Violation Tag is issued pursuant to this Bylaw, the person to whom the Violation Tag is issued may, in lieu of being prosecuted for the offence, pay to the County the penalty specified on the Violation Tag. 6.6 Nothing in this Bylaw shall prevent a Peace Officer from immediately issuing a Violation Ticket for the mandatory Court appearance of any person who contravenes any provision of this Bylaw.

11 BYLAW XX-2008 Page 4 of 4 SECTION 7 - VIOLATION TICKET 7.1 If the penalty specified on a Violation Tag is not paid within the prescribed time period then a Peace Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to Part II of the Provincial Offences Procedure Act, RSA 2000, c. P Notwithstanding Section 10.1 of this Bylaw, a Peace Officer is hereby authorized and empowered to immediately issue a Violation Ticket pursuant to Part II of the Provincial Offences Procedure Act, RSA 2000, c. P-34, as amended, to any Person who the Peace Officer has reasonable grounds to believe has contravened any provision of this Bylaw. SECTION 8 - SEVERABILITY PROVISION 8.1 Should any provision of this Bylaw be invalid, then such provision shall be severed and the remaining Bylaw shall be maintained. SECTION 10 EFFECTIVE DATE 10.1 This Bylaw takes effect after third reading and upon being signed. Read a first time this day of Read a second time this day of Read a third time this day of 2008 and finally passed. MAYOR MANAGER, LEGISLATIVE & LEGAL SERVICES Date Signed:

12 A bylaw to regulate Cell phone use on roads within Strathcona County LLS#56033

13 Jurisdiction Government of Canada has jurisdiction over telecommunications Telecommunications Act Government of Alberta has jurisdiction over roads, motor vehicles and municipalities Traffic Safety Act Municipalities have jurisdiction as set out in the Traffic Safety Act and the Municipal Government Act

14 Traffic Safety Act, s. 13 Subject to this Act the council of a municipality may, with respect to a highway under its direction, control and management, make bylaws that are not inconsistent with this Act, doing the following: Governing the use of highways Governing the parking of vehicles Regulating noise in connection with a vehicle Governing the licensing of bicycles.

15 County has direction, control and management of highways EXCEPT: Highway 628 Highway 629 Highway 630 Highway 824 Highway 14 Highway 16 Highway 21 Highway 216 Highway 15 Highway 38 Highway 830 RR 214 between Hwy. 15 and TR 550 RR 210 north of Hwy. 15

16 Part 5 of the Traffic Safety Act sets out provisions relating to the general operation of vehicles, the Rules of the Road, and the prohibited operation of vehicles, however, there is no specific mention of cell phones.

17 Traffic Safety Act, s. 115(1) For the purposes of this section, a driver of a vehicle is driving carelessly if that driver drives the vehicle without due care and attention, or without reasonable consideration for persons using the highway.

18 Section 3 of the Municipal Government Act sets out the purposes of a municipality To provide good government To provide services, facilities or other things that, in the opinion of council, are necessary or desirable for all or a part of the municipality To develop and maintain safe and viable communities

19 Section 7 of the MGA provides that a council may pass bylaws for municipal purposes respecting the safety, health and welfare of people and the protection of people and property. Section 12 provides that a bylaw of a municipality applies only inside its boundaries.

20 Section 13 of the MGA provides that if there is an inconsistency between a bylaw and this or another enactment, the bylaw is of no effect to the extent of the inconsistency. There is no apparent jurisdictional impediment to Strathcona County passing a bylaw regulating cellular phone use on highways under the direction, control and management of the municipality.

21 What is distracted driving? Any activity that takes a driver s attention away from the task of driving Distraction occurs when a driver is delayed in recognition of information needed to safely accomplish the driving task because some event, activity, object or person (both inside and outside the vehicle) compel or tend to induce the driver s shifting attention away from the driving task.

22 Distraction occurs when there is a voluntary or involuntary diversion of attention from primary driving tasks not related to impairment. Diversion occurs because the driver is performing an additional task (or tasks) or temporarily focusing on an object, event or person not related to primary driving tasks. Diversion reduces a driver s situational awareness, decision-making and/or performance.

23 The rapidly-rising and highly visible use of cell phones while driving sparked serious concerns starting in the early 1990s. However, there are many other sources of driver distraction both inside and outside the vehicle.

24 2003 Pilot Study of Distracted Drivers: Sources and Percentage of Distractions Other distraction inside vehicle 27% Pager, technology device, grooming, unrestrained pet each at <1% Reading 2% Smoking related 2.5% Other personal items 3% Adjusting controls <3.75% Cell phone, eating/drinking - >3.75% Adjusting radio 6.25% Passenger, children distraction 8.75%

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26 Laws on driving and cell phone use: Hand-held phone use is banned in most European Union countries. Hand-held phone use is banned in all Australian states. Hand-held phone use is banned in Newfoundland and Labrador. All cell phone use is banned in Japan, however, enforcement is secondary and only if the driver poses a danger to others. 24 states in United States of America and 26 municipalities (2005) have laws relating to cell phones

27 In Canada: Newfoundland and Labrador passed an amendment to the Highway Traffic Act in 2002 prohibiting the use of hand-held cell phones while driving on a highway. In December of 2007 Quebec passed an amendment to the Highway Safety Code to prohibit drivers from use a hand-held cell phone while driving.

28 In the USA: 5 states have enacted jurisdiction-wide laws prohibiting driving while talking on handheld cell phones. 17 states have special cell phone laws for novice drivers. School bus drivers in 14 states are prohibited from all cell phone use when passengers are present, except for in emergencies. No state completely bans all types of cell phone use (handheld and hands-free) while driving. Some states treat cell phone use as a larger distracted driving issue.

29 Even where laws are in place, there are variations, some of which are: School bus drivers may not use cell phones while operating a school bus Holders of a learners permit or novice drivers may not use cell phones while driving Texting is prohibited Dealt with as a distracted driving issue Cell phone use OK, but fines apply if involved in an accident

30 Canadian Association of Chiefs of Police Traffic Committee (2005) Motor vehicle collision data in Canada does not record specific driver distractions; Provincial traffic safety legislation legislates driver inattention (drive without due care and attention) and strict liability (moving offences such as failing to yield). Careless driving offences are used successfully to prosecute distracted driving. Moving offences can be observed and prosecuted. Detecting distractions within a vehicle is very difficult.

31 RCMP COMMENTS: Enforcement could be problematic. Non-residents who drive into Strathcona County could face a charge that is locally enforced. Bylaw could not be enforced on Provincial highways. Exemption Clause

32 RCMP COMMENTS (cont d.) Recommend that the issue should be left to the Province to legislate. Traffic Safety Act already has enforcement provisions that address all driving distractions and that is more conducive to effective enforcement (driving without due care and attention; dangerous driving etc.). Signage would have to be strategically placed on County roadways. Bylaw does not address other distractions such as drinking coffee, reading, putting on make-up etc.

33 Other considerations: Public Education/Driver Awareness chure.pdf Lobbying the provincial government for changes Resolutions to AAMD&C, AUMA Vehicle manufacturers and technology developers

34 Communication plan Goal: To inform all residents of Strathcona County about the proposed bylaw and gather input on whether they support the bylaw. Informing the community: This information will be posted on the Strathcona County website. Printed copies of the information will also be made available at a variety of locations throughout rural areas and in Sherwood Park. Methods for obtaining input: An open invitation will be extended to any residents who wish to provide their input. Response will be invited in writing, by mail or fax. A simple survey on the proposed bylaw will be posted on the County Web site. A specific telephone line will also be set up for residents to call and leave their comments.

35 Communication plan Statistically Valid Survey: To obtain a statistically valid sample of community opinion, a telephone survey will be conducted with 400 County residents chosen at random. This approach will enable any interested member of the community to comment, and provide a sample of opinion from a cross-section of residents. Once these results are gathered and analyzed, Council may wish to consider a second phase, including public input sessions. Timing: With Council s approval of this communication plan, plans will proceed to invite public input and conduct the surveys. A summary of the general input and survey results will be compiled and brought back for Council s review prior to the summer recess. Cost: The estimated cost for advertising and the survey is $12,000.

36 Other sources of information: conservancy.umn.edu/bitstream/1004/1/ pdf &context=its/path Coalition for cell free driving? And many, many more.